Terms of Service
Effective Date: 13th May 2019
1. About these Terms
1.1. The terms of this agreement (“Terms of Service”) govern the relationship between you and Axion Studios Limited (“Axion Studios” or “Us” or “We”) regarding your use of Axion Studios’ website, PC and mobile games, and other Axion Studios’ online products and services (collectively referred to as “Service”).
1.2. By using the service you accept the following Terms of Service. If you do NOT agree to all these Terms of Service, please do NOT use the service.
1.3. Axion Studios is authorized to amend the Terms of Service at any time, with the amended Terms of Service effective as soon as they are posted on this website. Please check the most current Terms of Service to ensure that you are aware of all the terms and conditions regulating your use of the service.
1.4. Axion Studios reserves the right to make changes to or update the content of the service or the format thereof at any time and without any notice. Axion Studios reserves the right to terminate or restrict access to the service for any reason whatsoever at its sole discretion.
2. Disclaimer of Warranties
2.1. ALL INFORMATION, SOFTWARE, AND SERVICE OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS.” AXION STUDIOS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2.2. AXION STUDIOS MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF ITS INFORMATION, SOFTWARE, OR SERVICE. AXION STUDIOS MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION, PRODUCTS, OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.
2.3. AXION STUDIOS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICE REFERENCED OR LINKED TO ON THIS WEBSITE.
2.4. IN NO CASE SHALL AXION STUDIOS BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF AXION STUDIOS INFORMATION) REGARDLESS OF WHETHER AXION STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2.5. DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICE OFFERED ON THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
3. Use of the service
3.2. If using the service via a guest account (ID), all records including records of service usage and unused content will be deleted if the device is changed or the application deleted. Users who wish to continue using the service without having their record of service deleted should use a play account or social medial account and single sign-on (SSO).
3.3. Users must use the service according to the Service Policy. Furthermore, use of the service via methods other than those defined in the Service Policy is prohibited, and the service may only be used within the scope permitted by law. Should users fail to comply with the Service Policy or come under investigation due to suspicion of cheating, service provision may be temporarily restricted or stopped.
3.4. Axion Studios will publish these Terms and Service for user perusal on its website or notify users of them through its application. Users must periodically check these Terms of Service. Axion Studios may alter these Terms and Conditions should the service or relevant laws change. Should users not consent to the updated Terms of Service, their use of the service may be suspended. Should they continue using the service, they will be considered to have given consent to the updated Terms of Service.
4. User Conduct
4.1. The Service may contain email service, bulletin board service, chat service, news groups, forums, communities, calendars, photo albums and/or other message or communication facilities designed to enable users to communicate with others. You agree to use the Service only to post, send and receive messages and material that are proper and, when applicable, related to the particular service.
4.2. You agree that when using the service, you will not:
4.2.1. Use offensive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable language deemed to be offensive at Axion Studios’ sole discretion.
4.2.2. Post and/or make available to the public any other user’s personal information in the Games and/or any game-related service without that user’s express written consent, though users may communicate their own personal information.
4.2.3. Violate the contractual, personal, intellectual property, or other rights of any party, or promote or constitute illegal activity.
4.2.4. Improperly use Axion Studios’ support service, including without limitation submission of false reports of abuse or misconduct by any party.
4.2.5. Disable, interfere with, or circumvent any security feature of the Games or any feature that restricts or enforces limitations on the use of or access to the Games or Content.
4.2.6. Participate in any activities and/or perform any actions that, in Axion Studios’ sole opinion, lead to, result in, or may result in an authorized user of the Games being defrauded of Virtual Currency or Virtual Items that user has earned through authorized gameplay and/or purchased in the Games.
4.2.7. Sell Axion Studios’ Games or any of their parts, including but not limited to Virtual Currency or Virtual Items, user accounts, and/or access to user accounts to any party in exchange for real currency or items and/or service of monetary value.
4.2.8. Engage in cheating or any other fraudulent activity deemed by Axion Studios to be in conflict with the spirit of the Games.
4.2.9. Use or take part in the use of any unauthorized third-party software designed to modify or interfere with the Service and/or any Axion Studios’ Games.
4.2.10. Share your password or any credentials you may use to access your Account with anyone.
4.2.11. Purchase, sell, rent, or give away your Account, or otherwise make available your Account to any third party; create an Account using a false identity or information, or on behalf of someone other than yourself.
4.2.12. Use your Account for commercial purposes, including but not limited to advertising, or solicitation, or transmission of any commercial advertisements (junk or spam emails, chain letters, etc.).
5. Account Management
5.1. Axion Studios conducts user management, including whether or not they can use the service, via guest accounts, play accounts, and social media accounts (“user accounts”, below)
5.2. Users bear sole responsibility to care for and manage their own user accounts, and are fully responsible for careless management of their own user accounts as well as damage due to their use by a third party.
5.3. Users may use the service with their own guest account, play account, or social media account or through a single sign-on with an account other than a guest account.
6. Privacy Protection
7.1. Axion Studios may publish advertisements on the service. Users consent to exposure to advertisements while using the service and shall not bear any responsibility for loss or damage incurred due to advertisement access/participation/trade, etc.
8. Push Notifications
8.1. Axion Studios may use email or push notifications to send advertisements, service updates, event details, etc. to users. Users may use the feature in the application for declining to receive push notifications at any time.
9. Content Purchases
9.1. Users may purchase content according to the payment policy of the app store provider, and payment sums may differ due to national policies (not limited to taxation policy). Furthermore, the content purchase price may be higher depending on the method and policy set by the app store provider and payment gateway linked to the app store provider, and the payment method also depends on this provider’s payment policies.
9.2. Content purchased by users may only be used on the device on which the application is downloaded and installed.
9.3. The user may only use content through a user account and may not transfer, loan, sell, or exchange it with a third party.
9.4. When conducting online purchases with Axion Studios, you must provide true, accurate, and complete information about yourself and provide a non-fraudulent means of payment. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or if Axion Studios has reasonable grounds to suspect that the information you provide is untrue, inaccurate, or incomplete, Axion Studios has the right to void related financial transactions, to revoke all associated software licenses acquired via such transactions, and to refer to appropriate authorities the details of such incidents.
10. In-App Purchases
10.1. In-app payment to purchase content is included in the application, and payment methods depend on the app store provider.
10.2. Users must use the password feature to prevent unwanted third-party in-app purchases, and Axion Studios shall not bear any responsibility for failure to use this in-app purchase protection or for in-app purchases occurring due to exposure of the password as a result of inattention on the part of users.
11.1. If you give your account or payment details to someone else, appear to be abusing our policies, or don’t protect your account with authentication, we can’t issue a refund.
11.2. In case of refund, payment processor’s standard terms and conditions regarding refunds will apply. User refunds are exclusive of taxes previously charged to users for product purchases.
11.3. If it’s less than 48 hours since you bought an app or made an in-app purchase, you can request a refund through the Google Play Store, the Apple AppStore, or contact Axion Studios’ support.
12. Suspension & Termination
12.1. Axion Studios maintains full rights to the service, including service operation and termination, and may modify, supplement, or terminate all or part of the service if operationally or technically necessary to improve the service, patch bugs, etc.
12.2. Axion Studios will provide the service to users as long as there are no particular business or technical impediments. However, the service may be temporarily suspended for a set period of time if necessary for regular system maintenance, server expansion or replacement, bug fixes, or changes in the service. In such cases, Axion Studios shall disclose this information and the period to users in advance, or shall notify users post facto if prior notification is impossible for unavoidable reasons.
13.1. The user agrees to indemnify and hold harmless Axion Studios Parties from any claims, losses, damages, or liabilities, including legal fees and expenses, arising out of (a) your use or misuse of the Axion Studios Service, (b) any violation by you of the Axion Studios Policy, or (c) any breach of the representations, warranties, and covenants made by you herein.
13.2. Axion Studios may assume the defense of any matter for which you are required to indemnify Axion Studios by sending notice of such an intention to you. The user shall use its best efforts to cooperate with Axion Studios’ defense of these claims.
14.1. Unless otherwise stated, all materials contained on the Site, including but not limited to the text, graphics, photographs, button icons, audio, and video, are the legally protected property owned or licensed by Axion Studios.
14.2. The trademarks displayed on the Site are registered or common law trademarks of Axion Studios, affiliated companies or various third parties. All rights are protected under applicable copyright and trademark laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any permission, license or right to use any of the copyrighted property or trademarks without the written permission of Axion Studios, affiliated companies or third parties.
15. Unsolicited Idea Submission
15.1. Axion Studios or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works in any form to Axion Studios or any of its employees.
16. Governing Law
16.1. The user agrees that this Agreement shall be governed by the laws of Hong Kong Special Administrative Region and any Dispute arising hereunder shall be resolved in accordance with the laws of Hong Kong Special Administrative Region.
17.1. You and Axion Studios agree that if any part of these terms is or becomes, in whole or in part, invalid or unenforceable under any applicable local laws or court, it is to be deemed severed from these terms to the extent of its invalidity or unenforceability, and the rest of the terms shall remain in full force and effect.
18.1. YOU AGREE THAT YOUR USE OF THE INFORMATION, CONTENT, OR SERVICE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
19. Contact Us
19.1. If you have any questions or requests about our Terms of Service, you may send us an email to [email protected].