The relationship between the User and GlowMind Tech Limited (hereinafter referred to as "we", "us" or "our") regarding the User's use of the Services is governed by this Agreement and other relevant policies. If the User installs, uses or accesses the Services in any manner, it signifies that the User accepts the terms of this Agreement. Otherwise, the User shall not install, use or access the Services in any way.
1. Age Restrictions
Our games are intended for adult users. We do not intentionally collect information from children nor do we seek to do so. Individuals under the age of 13 are prohibited from creating an account or accessing the Services. Users shall ensure that children under the age of 13 are denied access to the Services. Users shall bear full responsibility for any unauthorized use of the Services by minors, including the use of payment instruments such as credit cards or online payment systems like PayPal.
If the User is between the ages of 13 and 17, the User's legal guardian must review and agree to this Agreement prior to the User's use of the Services. If the User accesses the Services through a Social Networking Service (SNS), the User shall comply with both the terms of service/use of that SNS and this Agreement.
2. Prohibited Conduct
Users are prohibited from engaging in the following conduct:
•Using the Service if the User has previously been removed or banned by GlowMind Tech Limited from using any of our games or Services;
•Creating an account using false identity or information, or creating an account on behalf of any individual other than themselves;
•Buying, selling, renting, or transferring user accounts in any form;
•Using an account for commercial purposes, or engaging in advertising, solicitation, or transmitting commercial advertisements to any third party, including but not limited to chain letters, junk emails, or repetitive or misleading messages;
•Violating any applicable laws and regulations, including but not limited to intellectual property laws;
•Taking any action that is detrimental to the user community, our employees, GlowMind Tech Limited, the spirit or intent of the Services, or abusing our Services; this includes but is not limited to posting, publishing, uploading, or sharing any information, photos, or videos that may be deemed restricted content or in violation of good etiquette;
•Directly or indirectly using cheats, exploits, automated software, robots, hacks, mods, or any other unauthorized third-party software to modify or interfere with the Service;
•Harming the Service, GlowMind Tech Limited's computers and servers, or other users, including but not limited to overloading servers, launching any form of attack (including spreading viruses), unauthorized access to the Service or any other protected data, manipulating the Service and its rankings, exploiting bugs in the Service, or modifying any files comprising the Service without prior written consent from GlowMind Tech Limited.
GlowMind Tech Limited reserves the right to determine, in its sole discretion, what constitutes inappropriate conduct in violation of this Agreement and to take appropriate action, including but not limited to removing User Content, terminating User accounts, prohibiting Users from using the Service, or taking any other action permitted by law.
3. Amendments to the Agreement
GlowMind Tech Limited reserves the right to amend this Agreement and other relevant policies at any time in its sole discretion. The revised version will be posted on the GlowMind Tech Limited Service platform. If the User continues to use the Service after the revised version is posted, it shall be deemed that the User agrees to such amendments. Users will be notified of any changes. If the User does not agree to the amendments, the User's license to use the Service shall terminate immediately, and the User shall cease using the Service.
4. Limited License
Subject to the terms of this Agreement and other relevant policies of GlowMind Tech Limited, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Services solely for non-commercial, entertainment purposes. You shall not use the Services for any other purpose.
Unless you comply with the license restrictions set forth herein, your use of the Services is prohibited, and we may revoke your license at any time. In addition, you shall be held responsible for any illegal conduct arising from your use of the Services.
5. Limitation of Liability
To the maximum extent permitted by applicable law, GlowMind Tech Limited shall not be liable to the User for any damages, including but not limited to loss of income, loss of profits, loss of data, business interruption, or other indirect, incidental, consequential, or special damages, unless such damages arise from the gross negligence or willful misconduct of GlowMind Tech Limited, or from death or personal injury caused by our negligence or fraud. This Agreement does not affect any statutory rights of consumers that cannot be excluded or limited by contract.
The User agrees to indemnify, defend, and hold GlowMind Tech Limited harmless from and against any claims, demands, damages, or other losses (including reasonable attorneys' fees) asserted by any third party arising out of or in connection with the User's use of the Services or the User's breach of this Agreement. For the avoidance of doubt, the foregoing indemnification obligation shall not apply if the infringement or loss is not caused by the User's intentional or negligent conduct.
6. Applicable Law and Dispute Resolution
This Agreement and any disputes arising out of or in connection with this Agreement, GlowMind Tech Limited's Privacy Policy, or other Terms of Service shall be governed in all respects by the laws of Hong Kong Special Administrative Region of the People's Republic of China. Any claims arising from such disputes shall be exclusively resolved by the competent courts of Hong Kong, unless the laws of the User's country of residence permit the User to choose the courts of that country to resolve the relevant dispute. If the User is a citizen of the European Union, the User may bring an action in the courts of their place of residence.
In the event of any dispute between the User and GlowMind Tech Limited, the User is strongly encouraged to first contact GlowMind Tech Limited directly to seek an amicable resolution.
7. Severability
If any provision of this Agreement or GlowMind Tech Limited's Privacy Policy is held by any court of competent jurisdiction to be illegal, invalid, or unenforceable in whole or in part, such provision shall be ineffective only to the extent of such illegality, invalidity, or unenforceability in that jurisdiction, and the remaining provisions of this Agreement shall remain in full force and effect.
8. Right of Assignment
GlowMind Tech Limited may assign this Agreement or related policies, in whole or in part, to any person or entity at any time without the User's prior consent. However, the User may not assign any of their rights or obligations under this Agreement without the prior written approval of GlowMind Tech Limited, and any such attempted assignment shall be null and void.
9. Additional Policies
GlowMind Tech Limited may publish additional policies related to the Services from time to time. Users must agree to and comply with such additional policies in order to continue using the Services.
10. Entire Agreement
This Agreement, together with any documents referred to herein (if any), constitutes the entire agreement and understanding between GlowMind Tech Limited and the User concerning the subject matter hereof. It supersedes all prior agreements, understandings, or arrangements (whether electronic, oral, written, or based on custom, practice, policy, or precedent) between the parties regarding such subject matter.
11. Force Majeure
GlowMind Tech Limited shall not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, industrial disputes or other industrial disturbances, power outages, utility or telecommunications failures, earthquakes, storms or other natural disasters, blockades, embargoes, riots, government orders or regulations, acts of terrorism, or war. In such cases, GlowMind Tech Limited's performance of its obligations under this Agreement shall be suspended for the duration of the force majeure event.