TERMS OF SERVICE
All rights and title in and to the Program and the Service (including without limitation any user accounts, data collected from the user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Program, transcripts of the chat rooms, character profile information, recordings of games played on the Program, and the Program client and server software) are owned by FingerMotion, Inc. or its licensors. The Program and the Service are protected by Malaysian and international laws. The Program and the Service may contain certain licensed materials, and FingerMotion, Inc.'s licensors may enforce their rights in the event of any violation of this Agreement.
Establishing an Account.
You may establish more than one (1) user account (the "Account") on the Portal. To establish an Account, you will be required to provide FingerMotion, Inc. with certain personal information. Your failure to supply accurate information to FingerMotion, Inc. when requested, or to update that information as it changes, shall constitute a material breach of this Agreement.
During the registration process, you will be required to select a username and a password that are unique to the Account (collectively referred to hereunder as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of FingerMotion, Inc.
Limitations on Your Use of the Service.
Only FingerMotion, Inc. or its licensees have the right to host the Game(s). You may not host or provide matchmaking services for the Game, or intercept, emulate or redirect the proprietary communication protocols used by FingerMotion, Inc. in connection with the Program, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying the Program, adding unauthorized components to the Program, or using a packet sniffer while the Program is running.
You agree that you will not (i) modify or cause to be modified any files that are a part of the Program or the Service (ii) create or use cheats, bots, "mods", and/or hacks, or any other third-party software designed to modify the Game(s)’s experience or (iii) use any third-party software that intercepts, "mines", or otherwise collects information from or through the Program or the Service. Notwithstanding the foregoing, you may update the Program with authorized patches and updates distributed by FingerMotion, Inc., and FingerMotion, Inc. may, at its sole and absolute discretion, allow the use of certain third party user interfaces.
You may not disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server") or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Program or the Service.
FingerMotion, Inc. reserves the exclusive right to create derivative works based on the Program. You may not create derivative works based on the Program without FingerMotion, Inc.’s prior written consent.
Rules of Conduct.
As with all things, your use of the Program is governed by certain rules of conduct. These rules of conduct (the "Rules of Conduct"), maintained and enforced exclusively by FingerMotion, Inc., must be adhered to by all users of the Service. It is your responsibility to know, understand and abide by these Rules of Conduct. The following rules are not meant to be exhaustive, and FingerMotion, Inc. reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. FingerMotion, Inc. reserves the right to modify these Rules of Conduct at any time.
Rules Related to Usernames, Character and Guild Names.
Each user will create a character name within the Program. Additionally, users may form "guilds" and such guilds will be required to choose a name for the guild. When you create a character name, create a guild, or otherwise create a label that can be seen by other players using the Program, you must abide by the following guidelines as well as the rules of common decency. If FingerMotion, Inc. finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the Program.
In particular, you may not use any name:
Belonging to another person with the intent to impersonate that person, including without limitation a "Game Master" or any other employee or agent of FingerMotion, Inc.
That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable.
Subject to the rights of any other person or entity without written authorization from that person or entity.
- That belongs to a popular culture figure, celebrity, or media personality
- That is, contains, or is substantially similar to a trademark or service mark, whether registered or not.
- Belonging to any religious figure or deity.
- Taken from FingerMotion, Inc.'s Game products.
- Related to drugs, sex, alcohol, or criminal activity.
- Comprised of partial or complete sentence (e.g., "Iamking", "Yousuck", etc) .
- Comprised of gibberish (e.g., "Asdfsdf", "Rthnien", "Prtyuiop").
- Referring to pop culture icons or personas (e.g. " "OJSimpson", "McDonalds", "Cicakman").
- That incorporates titles. For purposes of this subsection, "titles" shall include without limitation 'rank' titles (e.g. , "SgtSid," or "CptnZed"), monarchistic or fantasy titles (e.g., "LordPisau", "DonMiguel"), and religious titles unless specifically permitted.
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.
In the event of breaches of this clause, FingerMotion, Inc. reserves its right to terminate the account of the user.
Rules Related to "Chat" and Interaction With Other Users.
Communicating with other Users and FingerMotion, Inc. representatives is an integral part of the Program and is referred to in this document as "Chat." You understand that FingerMotion, Inc. may record your chat sessions and you consent to such monitoring or logging. Your Chat sessions may be subject to monitoring, logging, review, modification, disclosure, and/or deletion by FingerMotion, Inc. without notice to you. Additionally, you hereby acknowledge that FingerMotion, Inc. is under no obligation to monitor Chat, and you engage in Chat at your own risk. When engaging in Chat in the Program, or otherwise utilizing the Program, you may not:
- Transmit or post any content or language which, in the sole and absolute discretion of FingerMotion, Inc., is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above.
- Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat.
- Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the Game(s) universe.
- Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including but not limited to continuous advertisements to sell goods or services.
- Communicate or post any user's personal information in the Program, or on websites or forums related to the Program, except that a user may communicate his or her own personal information in a private message directed to a single user.
- Use bots or other automated techniques to collect information from the Program or any forum or website owned or administered by FingerMotion, Inc..
- Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Program.
- Cheat or utilize "exploits" while playing the Program in any way, including without limitation modification of the Program’s files.
- Participate in any action that, in the sole and absolute opinion of FingerMotion, Inc., results or may result in an authorized user of the Program being "scammed" or defrauded out of gold, weapons, armor, or any other items that user has earned through authorized game play in the Program or
- Impersonate any real person, including without limitation any "game master" or any other FingerMotion, Inc. agent or employee, nor may you communicate in the Game in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any FingerMotion, Inc. agent or employee.
In the event of breaches of this clause, FingerMotion, Inc. reserves its right to terminate the account of the user.
Rules Related to Game Play
- Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players.
- Anything that FingerMotion, Inc. considers contrary to the "essence" of the Program.
Security of Login Information.
FingerMotion, Inc.’s Absolute Right to Suspend, Terminate and/or Delete the Account.
You further warrants and grants your consent that FingerMotion, Inc. shall have the right to collect, process and handle all personal data as defined under the Personal Data Protection Act 2010 ("the 2010 Act") as provided by you in the process of using FINGERMOTION for purposes such as improving the services and products of FingerMotion, Inc., to expedite payment process and to market FingerMotion, Inc.’s products and services. The consent shall be extended to the collection, process and handling of the Personal Data by FingerMotion, Inc.’s affiliated partners and related company. You further agree to to indemnify and keep FingerMotion, Inc. indemnified against all claims, charges, loss, damages and injury resulting and arising from any charge under the 201 Act.
Ownership/Selling of the Account or Virtual Items.
FingerMotion, Inc. does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. FingerMotion, Inc. owns, has licensed, or otherwise has rights to all of the content that appears in the Program. You agree that you have no right or title in or to any such content, including the virtual goods or currency appearing or originating in the Game, or any other attributes associated with the Account or stored on the Service. FingerMotion, Inc. does not recognize any virtual property transfers executed outside of the Game or the purported sale, gift or trade in the "real world" of anything related to the Game. Accordingly, you may not sell items for "real" money or otherwise exchange items for value outside of the Game.
FingerMotion, Inc. reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Program, hours of availability, content, data, software or equipment needed to access the Program, effective with or without prior notice provided, however, that material changes (as determined in FingerMotion, Inc.’s sole and absolute discretion) will be disclosed as follows: FingerMotion, Inc. will provide you with notification of any such changes to the Program through a patch process, or by email, postal mail, website posting, pop-up screen, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Program and the Account. Your continued use of the Program following any revision to this Agreement constitute your complete and irrevocable acceptance of any and all such changes. FingerMotion, Inc. may change, modify, suspend, or discontinue any aspect of the Program at any time. FingerMotion, Inc. may also impose limits on certain features or restrict your access to parts or all of the Program without notice or liability.
This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and deleting the Program. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased game points or materials pertaining to FINGERMOTION or any of FingerMotion, Inc.’s Games. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. FingerMotion, Inc. may terminate this Agreement with or without notice by terminating your Account.
THE PROGRAM IS PROVIDED "AS IS" AND FINGERMOTION, INC. DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FINGERMOTION, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
Limitation of Liability
NEITHER FINGERMOTION, INC. NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE PROGRAM OR SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION (B) THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, USER PROFILE INFORMATION STORED BY THE GAME(S) OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL FINGERMOTION, INC. BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
FingerMotion, Inc. shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FingerMotion, Inc., including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond FingerMotion, Inc.'s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You hereby acknowledge and agree that:
WHEN RUNNING, THE PROGRAM MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME(S). AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADDON" OR "MOD," THAT IN FINGERMOTION, INC.'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE (ii) ALLOWS USERS TO MODIFY OR HACK THE WAN MEI/PERFECT WORLD INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY FINGERMOTION, INC. OR (iii) INTERCEPTS, "MINES," OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE PROGRAM. IN THE EVENT THAT THE PROGRAM DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE PROGRAM OR SERVICE MAY (a) COMMUNICATE INFORMATION BACK TO FINGERMOTION, INC., INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
WHEN THE PROGRAM IS RUNNING, FINGERMOTION, INC. MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE PROGRAM AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA.
FingerMotion, Inc. may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. FingerMotion, Inc. may use or disclose your personal information if FingerMotion, Inc. believes that doing so may protect your safety or the safety of others.
FINGERMOTION, INC. MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME AND YOU CONSENT TO SUCH MONITORING OR LOGGING.
You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.
In the event that you breach this Agreement, you hereby agree that FingerMotion, Inc. would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that FingerMotion, Inc. shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as FingerMotion, Inc. may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
Dispute Resolution and Governing Law
If you and FingerMotion, Inc. are unable to resolve a Dispute through informal negotiations, either you or FingerMotion, Inc. may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under Malaysian law. The determination of whether a Dispute is subject to arbitration shall be governed by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the related Rules and Laws and, where appropriate, limited by Malaysian Consumer Rules. If such costs are determined by the arbitrator to be excessive, FingerMotion, Inc. will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and FingerMotion, Inc. may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
You and FingerMotion, Inc. agree that any arbitration shall be limited to the Dispute between FingerMotion, Inc. and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration.
You and FingerMotion, Inc. agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or FingerMotion, Inc.’s intellectual property rights (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use and (3) any claim for injunctive relief.
If you are a resident of Malaysia, any arbitration will take place at any reasonable location within Malaysia convenient for you. For residents outside Malaysia, any arbitration shall be initiated in Kuala Lumpur, Malaysia. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the city of Kuala Lumpur, Malaysia and you and FingerMotion, Inc. agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, this Agreement shall be is governed by, and will be construed under, the Laws of Malaysia, without regard to choice of law principles. For our customers who access the Service from Canada, Australia, Singapore, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the Game and/or the Service as supplied by FingerMotion, Inc. to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of Malaysia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
You and FingerMotion, Inc. agree that if any portion is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect. If potions are found to be illegal or unenforceable then neither you nor FingerMotion, Inc. will elect to arbitrate any Dispute falling within that portion found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within Kuala Lumpur, Malaysia and you and FingerMotion, Inc. agree to submit to the personal jurisdiction of that court.
a) Collection and Use of Personal Information
The information we learn from you as our valued customers helps us to personalize and continually improve our service provided in this Portal and Program and Services.
We use the information to facilitate the communication between our company and yourself should you instruct so, communicate with you about updates of this Portal, promotional offers, update our records and generally maintain your accounts with us, display content such as wish lists and customer reviews and recommend merchandise and services that might be of interest to you.
We also use this information to improve this Portal, prevent or detect fraud or abuses of this Portal and enable third parties to carry out technical, logistical or other functions on our behalf.
b) Information you give us
We receive and store any information you enter on this Portal or give us in any other way. You can choose not to provide certain information but then you might not be able to take advantage of many of our features. Information about our customers is an important part of our business and we are not in the business of selling it to others. We share customer information only as described below and the subsidiaries which we control and that are either subject to this Privacy Statement or follow practices at least as protective as those described in this Privacy Statement.
c) Automatic information
We receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies" and we obtain certain types of information when your web browser accesses this Portal.
d) Information from other sources
We might receive information about you from other sources and add it to our account information.
e) Promotional offers
Sometimes we send offers to selected groups of users on behalf of other businesses. When we do this, we do not give that business your name and address.
f) Business transfers
As we continue to develop our business, we might sell or buy stores, subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Statement (unless, of course, the customer consents otherwise). Also, in the unlikely event that our company, or substantially was sold, all of its assets are acquired, customer information will of course be one of the transferred assets.
g) Protection of Our Company and others
h) With your consent
Other than as set out above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information.
i) Conditions of Use, Notices and Revisions
j) Automatic Information
Examples of the information we collect and analyse include the Internet protocol (IP) address used to connect your computer to the Internet, login, e-mail address, password, computer and connection information such as browser type and version, your operating system and platform, purchase history, which we sometimes aggregate with similar information from other customers to create valued added features, the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time), cookie number, products you viewed or searched.