License and Services Agreement

Welcome to apply for using the services from the Happy Elements!

This Happy Elements License and Services Agreement (hereinafter referred to as "the Agreement") 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 the terms of 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 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 have no right to use Happy Elements service. Using Happy Elements service means that You have read and agreed to sign this agreement.

If You are under 18 years old, please read the agreement in the company of your legal guardian, and pay special attention to application terms for minors.

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

 

Chapter I   Definitions

Unless specially prescribed otherwise, the following terms used in the agreement are defined as follows:

1.1. The Agreement: It means the text of this Agreement, game rules and revised versions. The above content will be an integral part of this agreement upon it’s officially released. In the event that this agreement is inconsistent with the laws and regulations (if any) of the country/area where the game is released, the provisions of the laws and regulations shall prevail. All laws, regulations and policies mentioned in following paragraphs have the same definition with the laws and regulations referred to in this paragraph.

1.2. Game Rules: It means the user codes, player regulations, game announcements, notices, etc. related to Happy Elements which are published and revised by provider of Happy Elements service.

1.3. The Provider of Happy Elements Service: It means the Happy Elements Technology (Beijing) Co., Ltd. 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: It means the collective name of games operated by the Happy Elements include PC games, web games, mobile games, etc. Happy Elements can be provided in the form of software. In this situation, Happy Elements Game also includes relevant software and related documents.

1.5. Happy Elements Game Service: It means the online game-related operation service which is provided by the Happy Elements to you.

1.6. Happy Elements Game Elements: It includes the text, image, audio, video, icon, interface design, layout framework, related data or electronic documents etc.

1.7. You: Also, known as "player" or "user", refers to the natural person who is authorized to use the Happy Elements products and services.

1.8. Game Data: It means 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: Except the pay channels from the official version of Happy Elements, any other top-up channel is illegal recharge.

1.10. Virtual items: It includes but not limited to the virtual currency, props, equipment, materials and similar items in Happy Elements games.

1.11. User Information: It include your registration information in the real-name registration system, the data under your game account, and other information need to collect based on the consideration of security, user experience optimization and other factors in the use of Happy Elements Game Service.

 

Chapter II   Statement on Intellectual Property Rights

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

2.2 All the property rights and intellectual property rights of the Game Data generated in the use of the Happy Elements Game Service belong to the Happy Elements; Happy Elements has the right to dispose the Game Data.

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

2.4 In case the intellectual property right owned by a third party is involved in the Happy Elements Game or Happy Elements Game Elements, You should use such intellectual property right in the manner prescribed under this Agreement.  If any third party brought up intellectual property infringement actions against You  due to your breach of this Agreement or other reasons on your own, You should bear responsibility on your own and compensate any losses inflicted to Happy Elements.  

 

Chapter III  The registration, use and preservation of the game account

3.1 The registration of the game account

(1). If You need to use and enjoy Happy Elements game, You have to completely agree with the articles in this agreement, complete the registration procedures in accordance with the requirements of the applicable laws and regulations and the requirements on the registration page, including but not limited to the correct input of the basic materials and information. The user commits that he or she will register with his or her true identity, accepts including but not limited to true identity verification procedure carried out by Happy Element or the third party assigned by Happy Element, and guarantees that the materials and information provided are true, complete and effective, and the user shall undertake the corresponding legal responsibilities for the information provided in accordance with the laws and regulations and this agreement.

(2). After the successful registration, You will get the corresponding account and password and You can log in to the game.

(3). In case You refuse to provide the corresponding materials and information in accordance with the requirements or the materials and information provided do not conform to the requirements, Happy Elements has the right to refuse to provide the related service or undertake any obligation. If there is any change for the materials and information provided by you, You should timely conduct the update, Happy Elements will timely provide this item of service. In case your identity cannot be proved, which is caused by the change of the game account information that is not timely modified, Happy Elements has the right to refuse to provide any information or undertake any obligation.

(4). You only have the right of using the game account established by you; the ownership of the game account belongs 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 the game account is true and effective and has the right to take the reasonable measures such as technology and management meatures to guarantee the safety and effectiveness of your game account. Happy Elements will apply the real - name registration information to the anti-addiction system in accordance with the 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 constraint on your game account for  anti-addiction  purpose.

3. 2 Using and preservation of user accounts

(1). You have the obligation to carefully preserve your game account and the 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 own the right and undertake the responsibility for the behavior after You log in your game account, You are not allowed to share the game account with a third person or transfer, gift the game account to others or ask others to practice etc., in case the damage to the civil rights of yours and others is caused due to the situation of your careless preservation of the account and password and your inability to correctly and safely use the account and password that cause the loss of the account password and the theft of the account, You need to undertake the legal responsibilities generated thereof.

(2). You should notice Happy Elements at earliest time as soon as You know that your account or password has been illegally used, stolen by others or shows irregularities, and You have the right to notice Happy Elements to take measures for the pause of log in and use of the game account.

(3). Happy Elements will take measures to suspend the log in and use of the user's account in accordance with your notice, and the Happy Elements has the right to request You to provide and verify your valid personal identity information that is consistent with the registered identity information. In case Happy Elements verifies that information of the effective personal identity provided by You is consistent with the registered identity information, it should timely take measures to suspend the log in and use of the user's account, in case the loss is caused to the users due to the inability of Happy Elements to timely take measures for the pause of log in and use of the user's account after the verification, Happy Elements should undertake the corresponding legal liability. If You do not provide the valid personal identity of yours 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 of pause for the log in and use of the game account suggested by you.

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

(5). You have fully understood and agreed that, if Happy Elements limits, freezes or terminates the use of your game account in accordance with the related business regulations, it may cause the deletion of the game data under your game account and the related information and the loss of the related rights and interests. The loss shall be undertaken by yourself, and the Happy Elements does not undertake any responsibility for it.

(6). You have fully understood and agreed to accept that Happy Elements sends the promotion of commodity, the game service or other related business information of Happy Elements or its partners by E-mail, short message or other methods to you. If You do not want to receive the push information from Happy Elements, You may inform Happy Elements of the request of cancellation by the contact information released on the official website of Happy Elements, the pushing will be canceled after the verification by the developer.

(7). You have fully understood and agreed 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 to take the measures of disposal such as deletion for the account of the game, the game data under the account and the related information with the notice in advance upon request. The above stated disposal may cause your loss of the related rights and interests under the game account for which Happy Elements does not take any responsibility.

(8). In case You provide the 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 assist and support such as the certificate of the person registering account and the original registration information for You in accordance with the requirements from the administration and the judicial office and provide the information and materials of the related evidence to those departments as required.

 

Chapter V   The collection, usage and protection of User Information

4.1 You have agreed and authorized Happy Elements for the purpose of performance of this agreement to collect and use your User Information. Happy Elements shall collect and use your User Information in compliance with the Privacy Policy published by Happy Elements as well as relevant laws and regulations.

4.2 You have fully understood and agreed that, in order to provide You with better Happy Elements Game Service and for the purpose of this Agreement, Happy Elements could submit your User Information to other affiliates, and shall have the right of sorting, applying statistics of, analyzing and using your User Information by itself or through a third party in compliance with the relevant laws.

4.3 Happy Elements will take reasonable measures to protect your personal privacy information. Except as otherwise provided in this agreement or in one of the following circumstances, it's guaranteed that your information shall not be open to the public or offered to any third party:

(1). You or your guardian authorize Happy Elements to disclose the information;

(2). The information needs to be open to public or offered according to the provisions of laws or policies;

(3). The information shall be open to public or offered as required by the state authority ;

(4). Happy Elements service could be provided only when your personal information is offered or open to public;

(5). Happy Elements brings litigation or arbitration against the user in order to protect its legitimate rights and interests;

(6). Provide your personal identity information to meet your guardian's legal requirements ;

(7). Offer or publicize the information according to the other provisions of this agreement.

4.4 You If You disclose your property accounts, bank cards, credit cards, corresponding passwords and other important materials or information when using Happy Elements Game Service, You shall bear any losses inflicted to you

 

 

Chapter V   Happy Elements Game and Happy Elements Game Service

5.1 You can only use Happy Elements game service for non-commercial purposes and in accordance with the following manners, including:

(1) The receiving, download, install, start, upgrade, login, display, operation and/or screenshot of the Happy Elements game;

(2) To create game characters, set net-name, refer to the rules of the game, user profiles and game results, set up the game parameters, use the chat function and the function of social sharing, and purchase, use and present virtual items in the game through the proper ways.

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

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

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

5.3 Under the condition when Happy Elements are provided in the form of software, You shall also comply with the provisions of this Agreement about software downloading and installing when using Happy Elements Game and its service.

5.4 If Happy Elements finds or receives report or complaints from others about your violation of the Agreement, Happy Elements shall have the right to delete the related contents at any time without further notice, and to make punishment to the game account according to the situation of the violation in the manners including but not limited to warning, restriction or ban of all or part of the functions, ban of game account, and even logout of the account according to the degree of seriousness, and announce the results.

5.5 You have fully understood and agreed that, Happy Elements shall have the right to punish the behaviors of violation of the relevant laws and regulations or the provisions of this Agreement according to the reasonable judgment, take appropriate legal action against any users for their violation behaviors, keep relevant information and report to the relevant departments according to the laws and regulations etc. The user shall bear all legal responsibility alone caused thereby.

5.6  You have fully understood and agreed that, You shall bear all responsibility alone caused or incurred by any claims, demands or loss asserted by the 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 pay for it.

5.7  You have fully understood and agreed that, virtual goods are part of Happy Elements Game Service; Happy Elements hereby permits You to obtain the right to use under this Agreement. If You buy or use virtual items, You shall follow this Agreement and the specific requirements of the games; At the same time, the virtual items may be restricted by a certain validity, 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 the reasons can be attributed to Happy Elements.

5.8  You have fully understood and agreed 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 Happy Elements service. Once any unauthorized and harmful procedures that influence the normal operation of Happy Elements Game Service are found, the Happy Elements will collect all the related information and take reasonable measures to crack down.

5.9  You have fully understood and agreed that, when You use the payment function of Happy Elements game, You shall pay the corresponding fees according to the Happy Elements requirements. Moreover, such rights belong to the autonomy in the management of Happy Elements, therefore it reserves the rights to change the operation mode, namely, to modify the rate standards of charge, 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 don't accept such changes, You shall stop using the application immediately; your behavior of continuing using the application will be deemed that You accept the changed business model.

5.10 You have fully understood and agreed that, in order to ensure You and other users' game speed, Happy Elements has the right to regularly transfer or remove some of the previous Game Data stored on the Happy Elements game server.

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

As for this matter, within the maximum extent permitted by law, Happy Elements could not guarantee to provide the game service which will be able to meet your requirements, and could not guarantee to provide the game service which will not be interrupted, and also could not guarantee the timeliness, security, error occurrence and whether the information could be transferred accurately, timely and smoothly of this game service.

5.12 You have fully understood and agreed that, in the use of Happy Elements Game Service, if there is any threatening, defamatory, offensive and illegal contents or behaviors from others or the anonymous or pseudonymous information risk of invasions on the rights of others (including intellectual property rights), and You must take 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 non-infringement of all information. Therefore, Happy Elements shall not undertake any responsibility of the direct, indirect, incidental, special, and the subsequent damages caused by your improper or illegal use of the game service.

5.13 You shall have fully understood and paid 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 about the client software version information, data, and other relevant information about your game, and automatically replace, modify, delete, and / or supplement such information. This behavior is an operation or a step required for software updates. If You do not agree with Happy Elements for this operation, please do not update; your using of the Happy Elements' product is deemed that You agree on such operation 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 replace the old version on your terminal device totally with the new version of application.

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

(4). Happy Elements operations due to the user's violation of this Agreement may cause the fail to continue using your current game account if the terminable virtual properties under your game account expire during the above operation term of Happy Elements. Under this circumstance, You shall bear the losses caused thereby on your own. In another word, the duration of the above operations by Happy Elements will be counted in the using duration of terminable virtual properties. After the measure is taken, the using duration of terminable virtual properties will not be extended.

5.14 Happy Elements may, through the official website, customer service phone, game administrator, or 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 demands to 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 user or online game You to your knowledge, such as: Your game account and personal data under it, online game login status and game item status, 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 services provided by the game server, and Happy Elements shall not be liable for the user or the third party due to the inconvenience or damage incurred thereby:

(1) Regular inspection or construction, updating of the 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) The damage of server that prevents normal working condition;

(3) Sudden failures of software and hardware equipment and 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 party reasons of the third party.

5.16 Happy Elements will, in accordance with the 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 service, including taking possible technical measures, prohibiting minors from contacting improper game or game function, limiting the game time. All measures will be taken to prevent minors from web-addiction. As part of the rules of the game, Happy Elements will release Happy Elements game user guidelines and alerts in the proper place, including game content introduction, the proper way to play the game, and ways to prevent damage. All minor users should read and follow the instructions carefully under the direction of the legal guardian; other players, when using Happy Elements Game Service, should avoid releasing any content that may compromise the minor’s physical and psychological health, and together create a healthy game environment.

 

Chapter VI  User Code of Conduct

6.1 You have fully understood and agreed that You must be responsible for all conducts under your own game account, including any contents made by You and any consequences hereof. You shall separately make a judgment on the contents in Happy Elements 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 the intellectual property rights related to Happy Elements Game or Happy Elements Game Elements, or any other conducts that are detrimental to the legitimate rights and interests of Happy Elements or other third parties.

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

(1) The game and all copyright information and contents of other copies are deleted;

(2) The reverse project, reverse assembly, decompile or other ways are implemented to find the software's source code, etc.;

(3) The game software is scanned, inspected and tested to detect, find and search the possible BUG or weakness;

(4) In the process of game software or software operation, the copy, modification, addition, deletion, hitch operation or creation of any derivative works are implemented for data in any terminal, 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 not limited to the use of plugins, plug-in or third-party tool/service access software and relevant system without legal authorization;

(5) The instructions and data in the software operation are modified or forged, the software function or operation effect is added, deleted and changed, 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) The use, lease, lending, copy, modification, link, reprint, assembly, release, publication, 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 conducts 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, 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 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.

 

Chapter VII   Software Download and Install

7.1  Using Happy Elements Game Service may need to download and install the related software; You can directly obtain this software from relevant website of Happy Elements and can also obtain it from a third party authorized by the Happy Elements. If You never obtain Happy Elements from a third party authorized by the Happy Elements or obtain the same game as the name of Happy Elements, it will be deemed that You fail to obtain an authorization of Happy Elements, then Happy Elements cannot guarantee this game's normal use and will not bear your losses hereof.

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 to download the proper version for installation in accordance with the actual situation, You need to implement the correct installation according to the steps told after the downloading and installation of the procedure.

7.3   Without more safety game service, Happy Elements may recommend You to install other software in the software installation, You can select whether to install or not.

7.4   If You do not need to use the software or need to install the 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.

7.5   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.

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

 

Chapter 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: Happy Elements Game Service and Happy Elements Game have no error or will not be suspended, all defects have been corrected, or Happy Elements Game and Happy Elements Game Service will not be damaged by the virus or any other factors.  Unless expressly stated in the laws, Happy Elements hereby clearly declares we do not assume any express or implied guarantee responsibility, including but not limited to the guarantee to the performance, applicability or non-infringement of Happy Elements Game and Happy Elements Game Service.

8.2  In any circumstances, Happy Elements will not bear your losses incurred due to force majeure in the process of You to use Happy Elements Game and Happy Elements Game Service. Such force majeure events include but not limited to national laws, regulations, 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 suspend your use of any Happy Elements Game and Happy Elements Game Service at will in accordance with the data or information that is known or mastered, do not need to send any advance notice to You, but except for the required advance notice in accordance with laws, regulations, this Agreement or any agreement between You and Happy Elements. If your violate the provisions of laws, regulations or this Agreement, Happy Elements terminates and suspends your use of any Happy Elements Game and Happy Elements Game Service in accordance with relevant provisions, then Happy Elements shall not assume any responsibility for You and shall have the right to request You to assume corresponding responsibility.

8.4  Abnormalities may be caused to 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 BUG, version update defect, third-party virus attack or any other factors. Before the reason of data abnormality is found, Happy Elements shall have the right to temporarily freeze this game account; If the data is identified as an abnormal game behavior, Happy Elements shall have the right to recover game account data to the original state before the abnormality occurs (including recovering the transferred data from a third party), and Happy Elements does not need to assume any responsibility for you.

8.5  Happy Elements does not authorize You to obtain game account, game prop, game device, game currency, etc. from any third party through the purchase, gift acceptance or other ways, therefore, Happy Elements will not be responsible for the behavior of 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 the third parties in Happy Elements are provided by themselves, You should decide its authenticity, and Happy Elements will not make any express or implied guarantees for their sponsored content. Any transaction of products or services You make through Happy Elements or the links on the Happy Elements website is 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, this objective circumstance is not caused by Happy Elements, which may cause your recharging and game data in an operating system cannot be smoothly transferred to another operating system. The recharging loss and game data loss risk caused due to your switch in different system shall be borne by yourself; Happy Elements shall not be required to bear any responsibility.

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

 

Chapter 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.

 

Chapter 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.

 

Chapter XI    Jurisdiction and Applicable Law

11.1 This Agreement is signed in Haidian District, Beijing of the People's Republic of China.

11.2 Laws of the People's Republic of China (excluding conflict of laws) are applicable to this Agreement.

11.3 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 up a lawsuit to the court with jurisdiction.

11.4 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 f the Agreement.

11.5 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.

 

Chapter XII   Miscellaneous

12.1 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-mailService@happyelements.com

Phone-Number+86(10)52817668