Welcome to use Machbird Games!
Machbird Games (hereinafter referred to as “Games”) is a collection of mobile games launched by MachBird Technology Limted (hereinafter referred to as “Machbird”, “we” or “us”). The “Machbird Games User Agreement” (hereinafter referred to as “this Agreement”) is an agreement between you and us regarding your registration, and use (hereinafter collectively referred to as “Use”) of Games and related services.
In order to better provide you with products and services, please be sure to read and fully understand this agreement before starting to use Games. In particular, please refer to the terms and conditions of the exemption or limitation of liability, the terms of the right licensing and information use, and the agreement to open the product. And the use of special individual service terms, applicable laws, and dispute resolution provisions. Among them, important contents such as exemption or limitation of liability clause will be highlighted in bold form, you should focus on reading. This agreement constitutes a legally binding agreement between you and us regarding Games and your use of Games. Do not use Games unless you have read and accepted all the terms of this Agreement. If you do not agree with this Agreement, we will not be able to provide normal service for you. Once you use Games, you are deemed to have read and agree to be bound by this Agreement and other agreements and rules related to this agreement (including but not limited to “Machbird Games Privacy Policy”) .
Games are not intended for minors under the age of 16 (or the minimum age set by the domestic law of EU member states). If you are younger than 16 years, you can only download Games and play them on your device, if your parent(s) or legal guardian have/has reviewed this Agreement and allowed you to do so subject to this Agreement .
Machbird Games is a collection of mobile games launched by Machbird, which includes stand-alone casual, medium and heavy network games and other different types of games to provide users with high-quality game services. In addition, Machbird Games also provides a complete set of solutions to ensure security and privacy, and provide users with a safe and secure gaming environment.
In order to provide you with free and high quality services, we will display advertisements during your use of Games. At the same time, you can choose to display personalized or non-personalized ad. If you choose not to display personalized ads, you will still see the advertising content, but it may be less relevant to your interests.
3.1. Through your Use of Games, you may be exposed to the products or services provided by third parties in the following ways:
3.2. You understand that third parties operating such services may require you to provide personal data. Machbird may provide you with these agreements and rules in an eye-catching manner when you plan to use the aforementioned one-way services for your review and consent. Once you start using the above services, you are deemed to understand and accept the relevant agreements and rules regarding individual services. Machbird reminds you that you must carefully read these third-party user agreements, privacy policies, and other related documents, provide personal data according to your needs, and properly protect your personal data. If you have any dispute arising from your use of a third-party product or service, or if you suffer any loss, you must solve it by yourself and the third party. Machbird shall not be liable for any such disputes or losses.
4.1. Permissible range of Games
Machbird grants you a worldwide non-transferable, revocable, non-exclusive non-commercial license to use Games (“License”). The sole purpose of the License granted is to enable you to use Games in the manner permitted by this Agreement. You agree to use Games solely for the personal and non-commercial purposes permitted by this Agreement and any applicable laws, regulations or generally accepted practices, guidelines in the relevant jurisdiction.
All other rights not authorized by this Agreement are still reserved by Machbird. You should obtain our written permission before using these rights. If Machbird does not exercise any of the aforementioned rights, it does not constitute a waiver of that right.
4.2. Obtaining, installing, updating and uninstalling Games
You can obtain Games from Machbird Games’ official website (the domain name is machbird.com), by pre-installation and download from authorized third parties of Machbird. If you obtain any of Games or an installer with the same name as any of Games from a third-party that is not authorized by Machbird, Machbird cannot guarantee the normal use and the loss you suffer is not related to the Machbird.
We have developed different versions for different terminal devices. You need to obtain, download, and install the appropriate version based on the actual device status.
In order to better improve the user experience and services, we will provide an updated version of Games from time to time (including but not limited to software upgrades, replacements, new feature development and, etc.). You can use any of the fore-mentioned updates as needed. After some or all of the outstanding copies of Games are updated, we will prompt you in an appropriate manner (including but not limited to system prompts, announcements, post letters, etc.) to choose to accept the updated version or not. If you choose not to update, some of the features of Games may be limited or not function properly.
If you no longer use Games, you can uninstall the application software of Games yourself. Considering that we are not unilaterally aware of your uninstallation, your personal data may continue to be stored on our servers after you uninstallation. If you want us to delete your personal data after your uninstallation, we suggest that you send us a request before your uninstallation. We will respond to your request in accordance with the procedures disclosed in the Machbird Games Privacy Policy.
5.1. Authenticity of User Personal Information
You can use some functions of Games without registering an account. If you want to fully experience the various functions of Games, you need to register a Machbird account. You confirm and guarantee that all information (including but not limited to third-party account number, mobile phone number, contact address, email address, etc.) submitted at the time of registration is true, accurate, legal, complete and valid and is your own information. If you change your registration data after registering an account, you should update the registration information in a timely manner.
If the information you submit is inaccurate, untrue, illegal, or if Machbird has reasonable grounds for suspecting false or illegal information, then Machbird has the right to refuse to provide you with related functions.
5.2. User Account and Password Usage Specifications
Your Machbird account number is limited to your own use. Without the written consent of Michbird, you are prohibited from giving, borrowing, renting, transferring, selling, or otherwise permitting others to use the account in any form. If Machbird finds or has reasonable grounds to believe that a user is not the initial registrant of the corresponding account, Machbird has the right to suspend or terminate the service to the registered account and cancel the account without notifying the initial registrant.
You should attach great importance to the confidentiality of your Machbird account and password, and do not disclose your account number and password under any circumstances. You must assume full legal responsibility for the activities undertaken on behalf of your account, including but not limited to any legal liability for any data modification, expression, payment, etc. that you make on the product. If you discover that someone else has used your account without permission, please immediately inform Machbird.
When you lose your Machbird account or forget your password, you can follow the appeal method of Machbird to get your account number or password promptly. You understand and agree that the password recovery mechanism of Machbird account only needs to identify that the information filled on the appeal form is consistent with the system record data, and cannot identify whether the claimant is a real account user. Machbird reminds you that you should keep your Machbird account number and password properly. When you are done using it, you should exit safely. If your account or password is stolen or lost due to your own reasons such as improper storage or other irresistible factors, you will bear the consequences.
5.3. Specifications of the product
You shall be responsible for your use of Games and use the product within the scope of this Agreement. You may not use Games to perform the following activities:
5.4. Liability for breach of contract
In the event of your breach of this agreement or other terms of service, Machbird has the right to independently determine and terminate your Use of Games without prior notice. For activities suspected of violating laws and regulations and suspected of committing illegal crimes, Machbird will keep relevant records, report to relevant competent authorities in accordance with the law, cooperate with relevant competent authorities to investigate, and have the right to pursue your relevant legal responsibilities.
You agree to defend, indemnify and hold harmless Machbird (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of Games, (ii) your User Content, or (iii) your violation of this Agreement. Machbird reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Machbird and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Machbird. Machbird will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Machbird respects and is committed to protecting your personal privacy. You can read our “Machbird Games Privacy Policy” to understand how we handle your personal data and the ways you can access and control your personal data.
8.1. Machbird enjoys corresponding legal rights to information contained in Games protected by intellectual property or other laws and regulations, including but not limited to ownership, intellectual property (regardless of whether such rights have been registered, and anywhere in the world) and other related interests. No one may use (including, but not limited to, monitor, copy, transmit, display, mirror, upload, download, or use) any robots, spiders, etc., copy, or use for any other purpose without the written permission of Machbird.
8.2. Machbird provides technical support for product development and operation, and enjoys all rights within the scope permitted by laws and regulations for all data and information generated during the development and operation of Games.
8.3. When using Games, you shall in no way cause any damage to the proprietary rights of Machbird and/or its licensors, for example, you shall not use trademarks, names or logos in such a way as to confuse the owners or the authorized users of any persons’ trademarks, names or logos.
9.1. In-app purchases.
9.2 YOU ACKNOWLEDGE THAT MACHBIRD IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.
10.1 Subscriptions
11.1 GAMES IS PROVIDED “AS-IS” AND AS AVAILABLE AND MACHBIRD (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. MACHBIRD (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY GAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR © WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
11.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11.3 Third Parties
11.3.1 Application Stores
You acknowledge and agree that the availability of Games are dependent on the third party from which you received Games, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and Machbird and not with the Application Store. The Application Store is not responsible for Games, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with Games (if any). You agree to comply with, and your license to use Games is conditioned upon your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store’s terms and policies) when using Games. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.
11.3.2 Third-Party Services
Machbird may permit certain third-party applications (like leaderboards, game networks) to provide content through Games (“Third Party Services”). Games may be used to send content provided by the Third-Party Service between users who have the Third-Party Service installed on their device. When you do so, Machbird will share information with the Third-Party Service as described in the Machbird Privacy Policy. Machbird is not responsible for and does not control Third-Party Services. Machbird provides these Third-Party Services only as a convenience to you. Machbird has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at your own risk. When you access a Third-Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Service.
11.3.3 Other Users
Games may contain content provided by other users of Games. Machbird is not responsible for and does not control the any such contents. Machbird has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to any of such contents. You use all such contents and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that Machbird will not be responsible for any liability incurred as the result of any such interactions.
11.3.4 Release
You hereby irrevocably and unconditionally release and forever discharge Machbird (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
12.1 IN NO EVENT SHALL MACHBIRD (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR MACHBIRD’S PRIVACY PRACTICES, EVEN IF MACHBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, GAMES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MACHBIRD’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR MACHBIRD’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID MACHBIRD IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL MACHBIRD’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
12.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
13.1. The place of agreement for this Agreement is Beijing, the People’s Republic of China.
13.2. The establishment, entry into force, interpretation, performance, dispute resolution, or other matters of this agreement shall apply to the laws of the People’s Republic of China, and shall not apply to its conflict of laws rules.
13.3. Any dispute arising from this Agreement or related to this Agreement is brought to Beijing International Arbitration Center for arbitration in accordance with its arbitration rules. The arbitral award is final and binding on both parties. The arbitration site is Beijing.
14.1. “Machbird Games Privacy Policy” is an integral part of this Agreement. Machbird has the right to modify this Agreement and/or the terms of the relevant agreement when necessary. When Machbird changes the terms of this Agreement, it will notify you of changes in Games, and urges you to agree or reject the revised terms of this Agreement.
14.2. After the terms of this Agreement are changed, if you continue to use Games, you are deemed to have accepted the corresponding amendment. If you do not agree to change or add content, you have the right to terminate this Agreement and stop using Games.
14.3. Whatever the reason, the terms of this Agreement are partially invalid or unenforceable. It does not affect the validity of the remaining terms and is legally binding on you and Machbird.
14.4. If you have any comments or suggestions on any of the terms of this Agreement, please feel free to contact our DPO at dpo@machbird.com.
The following additional terms and conditions apply to you if you are using a copy of Games from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section [15], the more restrictive or conflicting terms and conditions in this Section [15] apply, but solely with respect to copy of Games from the Apple Application Store.
15.1 Acknowledgement
Machbird and you acknowledge that this Agreement is concluded between Machbird and you only, and not with Apple, and Machbird, not Apple, is solely responsible for Games and the content thereof. To the extent this Agreement provides for usage the rules for Games that are less restrictive than the Usage Rules set forth for Games in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.
15.2 Scope of License
The license granted to you for Games is limited to a non-transferable license to use Games on an iOS device that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
15.3 Maintenance and Support
Machbird is solely responsible for providing any maintenance and support services with respect to Games, as specified in this Agreement (if any) or as required under applicable law. Machbird and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Games.
15.4 Warranty
Machbird is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of Games to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for Games to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Games, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Machbird’s sole responsibility.
15.5 Product Claims
Machbird and you acknowledge that Machbird, not Apple, is responsible for addressing any claims of you or any third party relating to Games or your possession and/or use of Games, including, but not limited to: (i) product liability claims; (ii) any claim that Games fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Machbird’s liability to you beyond what is permitted by applicable law.
15.6 Intellectual Property Rights
Machbird and you acknowledge that, in the event of any third-party claim that Games or your possession and use of Games infringe the third party’s intellectual property rights, Machbird, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
15.7 Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
15.8 Developer Name and Address
Machbird’s contact information for any end-user questions, complaints or claims with respect to Games is set forth in Section 14.4.
15.9 Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using Games.
15.10 Third-Party Beneficiary
Machbird and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
Last updated: Jan. 14, 2018