You acknowledge and agree that CRUSH GAME TECHNOLOGY LIMITED or any of its subsidiaries and affiliates (collectively, “CRUSH GAME TECHNOLOGY”) will collect from you and your device, use, and share certain personal information as described in our posted privacy policy which can be found on https://coc-gw.fggame.net/privacy.html (“Privacy Policy”) for the respective services. By accessing and using our services, you agree that you have read and acknowledge such Privacy Policy.
This EULA, together with the Privacy Policy and any posted rules or instructions regarding a particular activity, poll, or other offering (all such terms hereafter collectively “CRUSH GAME TECHNOLOGY Terms”), govern your participation and use of the mobile game, application, software, their associated upgrades, patches, and updates and related services (the “Game”) and any other product, online service or web site (individually and collectively “CRUSH GAME TECHNOLOGY Services”) currently offered or which will be offered by CRUSH GAME TECHNOLOGY.
CRUSH GAME TECHNOLOGY reserves the right, in its sole discretion, to modify or change CRUSH GAME TECHNOLOGY Terms at any time by posting the changes on or within the Game or other parts of the CRUSH GAME TECHNOLOGY Services. Your continued use of CRUSH GAME TECHNOLOGY Services following the posting of such changes constitutes your acceptance of the revised CRUSH GAME TECHNOLOGY Terms. CRUSH GAME TECHNOLOGY may use reasonable commercial efforts to provide notice of material changes to you. If the modified CRUSH GAME TECHNOLOGY Terms are not acceptable to you, your only recourse is to discontinue your use of CRUSH GAME TECHNOLOGY Services. You agree that CRUSH GAME TECHNOLOGY may change any part of CRUSH GAME TECHNOLOGY Services, including its content, at any time or discontinue the CRUSH GAME TECHNOLOGY Services or any part thereof, for any reason, without notice to you and without liability.
You can review the most current version of this EULA by clicking on the “EULA” link located on the Game or on https://coc-gw.fggame.net/privacy.html. You are responsible for checking this EULA periodically for changes.
• While participating in the Game, you also agree to comply with certain rules of conduct that govern your use of the Game (“Rules of Conduct”), for example you may not:
• eHarass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
• Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
• Impersonate another person (including celebrities), indicate falsely that you are an CRUSH GAME TECHNOLOGY employee or a representative of CRUSH GAME TECHNOLOGY, or attempt to mislead users by indicating that you represent CRUSH GAME TECHNOLOGY or any of CRUSH GAME TECHNOLOGY ’s partners or affiliates.
• Attempt to get a password, access information, or other private information from anyone else on CRUSH GAME TECHNOLOGY Services.
• Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit versions of the Game and software.
• Upload files that contain a virus or corrupted data.
• Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
• Improperly use web support or complaint buttons or make false reports to CRUSH GAME TECHNOLOGY staff.
• Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
• Modify any part of the CRUSH GAME TECHNOLOGY Services that CRUSH GAME TECHNOLOGY does not specifically authorize you to modify.
• Post or communicate any user’s real-world personal information using an CRUSH GAME TECHNOLOGY Service.
• Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an CRUSH GAME TECHNOLOGY Service.
• Attempt to use CRUSH GAME TECHNOLOGY Software on or through any service that is not controlled or authorized by CRUSH GAME TECHNOLOGY.
• Exploit the Game or any of its parts thereof or CRUSH GAME TECHNOLOGY Services, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or (c)performing in-game services in exchange for payment outside the Game, e.g., power-leveling.
• Interfere with the ability of others to enjoy playing an CRUSH GAME TECHNOLOGY Service or take actions that interfere with or materially increase the cost to provide an CRUSH GAME TECHNOLOGY Service for the enjoyment of all its users.
• Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
• Reverse engineer, decompile or disassemble all or any portion of the Game.
• Facilitate, create or maintain any unauthorized connection to the Game, including without limitation and (b) any connection using programs or tools not expressly approved by CRUSH GAME TECHNOLOGY;
• Sell, exchange, trade, give, convert, redeem or otherwise transfer Virtual Goods outside the Game, or sell, exchange trade, give, convert, redeem or otherwise transfer Virtual Goods inside the Game, except as expressly permitted by this EULA, the CRUSH GAME TECHNOLOGY Terms or otherwise permitted in the gameplay.
• This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the Game (whether or not such third parties are registered users of the Game) and for the employees and representatives of CRUSH GAME TECHNOLOGY. You must also obey all federal, provincial, state, and local laws, regulations and rules that apply to your activities when you use the Game. CRUSH GAME TECHNOLOGY reserves the right to terminate this EULA and to prevent your use of any and all CRUSH GAME TECHNOLOGY Services if your Access is used to engage in illegal activity, violates these rules of conduct, or otherwise any CRUSH GAME TECHNOLOGY Terms.
If you decide to use the CRUSH GAME TECHNOLOGY Services, subject to your agreement and compliance with CRUSH GAME TECHNOLOGY Terms, CRUSH GAME TECHNOLOGY hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Game for one registered account on one mobile device owned or leased solely by you. CRUSH GAME TECHNOLOGY also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of CRUSH GAME TECHNOLOGY Services that are not part of the Game.
Use of CRUSH GAME TECHNOLOGY Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If CRUSH GAME TECHNOLOGY Services or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Game or any other part of CRUSH GAME TECHNOLOGY Services, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Game; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Game to any third party or use the Game to provide time sharing or similar services for any third party; (iii) make any copies of the Game; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Game, features that prevent or restrict use or copying of any content accessible through the Game, or features that enforce limitations on use of the Game; or (v) delete the copyright and other proprietary rights notices on the Game.
The foregoing grant of license shall be automatically revoked as of the moment that any of the foregoing conditions are no longer met by you.
The Game may require or allow you to download software, software updates or patches, or other utilities and tools from CRUSH GAME TECHNOLOGY or its licensors (collectively, “CRUSH GAME TECHNOLOGY Software”). In such cases, CRUSH GAME TECHNOLOGY grants to you a non-exclusive, limited license to use CRUSH GAME TECHNOLOGY Software solely for the purpose stated by CRUSH GAME TECHNOLOGY at the time the CRUSH GAME TECHNOLOGY Software is made available to you. If an End User License Agreement is provided with the CRUSH GAME TECHNOLOGY Software, your use of the CRUSH GAME TECHNOLOGY Software is subject to the terms of that license agreement in addition to these CRUSH GAME TECHNOLOGY Terms. You may not sub-license, or charge others to use or access CRUSH GAME TECHNOLOGY Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from CRUSH GAME TECHNOLOGY Software. You may not modify CRUSH GAME TECHNOLOGY Software or use it in any way not expressly authorized in writing by CRUSH GAME TECHNOLOGY. You understand that CRUSH GAME TECHNOLOGY ’s introduction of various technologies may not be consistent across all platforms and that the performance of CRUSH GAME TECHNOLOGY Software and related CRUSH GAME TECHNOLOGY Services may vary depending on your Device and other equipment.
From time to time, CRUSH GAME TECHNOLOGY may provide you with updates or modifications to the Game. You understand that certain updates and modifications may be required in order to continue the use of the Game. You agree that CRUSH GAME TECHNOLOGY may stop to support previous versions of the Game upon availability of an updated version.
CRUSH GAME TECHNOLOGY Services and all title, ownership rights and intellectual property rights in and to the Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Game, individually or in combination) are owned by CRUSH GAME TECHNOLOGY or CRUSH GAME TECHNOLOGY ’s licensors and are protected by laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Game or a CRUSH GAME TECHNOLOGY Service unless our terms expressly authorize you to do so.You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Game. CRUSH GAME TECHNOLOGY reserves all rights in CRUSH GAME TECHNOLOGY owned and licensed Game and CRUSH GAME TECHNOLOGY Services that are not expressly granted to you in this EULA or CRUSH GAME TECHNOLOGY Terms. You acknowledge that CRUSH GAME TECHNOLOGY and/or third-party content providers remain the owners of all materials posted in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of the Game may result in the termination of this EULA, prohibition on use of CRUSH GAME TECHNOLOGY Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property.
The Game may, from time to time, feature virtual goods. Virtual goods include but are not limited to virtual items (characters, accessories, items such as “character customization”, power-ups), points, credits, tokens and currency (collectively, “Virtual Goods”) for use in the Game.
You may “earn” Virtual Goods within the Game or we may allow you to “purchase” Virtual Goods with “real money” or virtual currencies. Certain Virtual Goods in the Game may be unavailable if not purchased.
Virtual Goods (such as virtual currency) purchased on other platforms such as Steam, PlayStation, or Xbox will be subject to those platforms’ terms and conditions. Please review those platforms’ terms and conditions for further information before completing your purchase. CRUSH GAME TECHNOLOGY does not control how you can pay or how refunds may be issued on those platforms. When you make a payment through a third-party platform, you are agreeing to the third party’s payment terms, and CRUSH GAME TECHNOLOGY is not a party to the transaction.
Virtual Goods are licensed to you, not sold. You do not own the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Goods. We may terminate your license at any time and at our sole discretion.
CRUSH GAME TECHNOLOGY has the absolute right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion an CRUSH GAME TECHNOLOGY shall have no liability to you or anyone else for these actions.
Virtual Goods have no monetary value, and in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for “real” money or other goods or services, including other Virtual Goods, inside or outside the Game except as expressly permitted by this EULA, the CRUSH GAME TECHNOLOGY Terms or otherwise permitted in the gameplay.
All purchase of Virtual Goods, whether made with “real money” or virtual currencies, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from CRUSH GAME TECHNOLOGY at any time.
CRUSH GAME TECHNOLOGY reserves the right to modify the price for Virtual Goods that may be “purchased” at any time and the retail price for Virtual Goods does not need to be linear.
Note that depending on the country in which you are located, the validity period of purchased Virtual Goods may be limited to a certain period under applicable laws of certain jurisdiction.
THE GAME MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE GAME WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR DEVICE; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE GAME; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR DEVICE ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE GAME, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE GAME THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL CRUSH GAME TECHNOLOGY BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR DEVICE BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE GAME. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.
This EULA is effective from the earlier of the date you purchase, download or use the Game, until terminated according to its terms. Both you and CRUSH GAME TECHNOLOGY (or its licensors) may terminate this EULA at any time for any reason or for no reason. Termination by CRUSH GAME TECHNOLOGY will be effective upon notice to you, termination or deletion of your Account (if any), or CRUSH GAME TECHNOLOGY ’s decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this EULA (and consequently, your Account (if any)) at any time by notifying CRUSH GAME TECHNOLOGY at crushgametechnology@gmail.com. Upon termination of this Agreement, your right to use the Game shall immediately cease you must immediately uninstall the Game and destroy all copies of the Game in your possession.
You will not receive any compensation or reimbursement for any Virtual Goods upon termination of this EULA for any reason, whether such termination was voluntary or involuntary, except as required by law or as expressly provided in CRUSH GAME TECHNOLOGY Terms.
CRUSH GAME TECHNOLOGY reserves the right to collect fees, surcharges or costs incurred before you terminate this EULA.
This Section shall survive termination of this EULA.
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME OR ANY OTHER CRUSH GAME TECHNOLOGY SERVICE, CRUSH GAME TECHNOLOGY SOFTWARE, CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK. THE GAME, CRUSH GAME TECHNOLOGY SERVICES, CRUSH GAME TECHNOLOGY SOFTWARE, CONTENT, CRUSH GAME TECHNOLOGY ’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. CRUSH GAME TECHNOLOGY PROVIDES THE GAME AND CRUSH GAME TECHNOLOGY SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE CRUSH GAME TECHNOLOGY SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CRUSH GAME TECHNOLOGY WILL HAVE ADEQUATE CAPACITY FOR CRUSH GAME TECHNOLOGY SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE CRUSH GAME TECHNOLOGY SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE CRUSH GAME TECHNOLOGY SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CRUSH GAME TECHNOLOGY OR ITS LICENSORS IS TO STOP USING THE GAME AND ANY CRUSH GAME TECHNOLOGY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT CRUSH GAME TECHNOLOGY, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY CRUSH GAME TECHNOLOGY SERVICES OR USE OF CRUSH GAME TECHNOLOGY SOFTWARE. IN NO CASE SHALL CRUSH GAME TECHNOLOGY OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “CRUSH GAME TECHNOLOGY’S AFFILIATES “) LIABILITY TO YOU EXCEED five hundred dollars (＄500). IN NO CASE SHALL CRUSH GAME TECHNOLOGY OR CRUSH GAME TECHNOLOGY’S AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF CRUSH GAME TECHNOLOGY SERVICES, CRUSH GAME TECHNOLOGY SOFTWARE, CONTENT, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF CRUSH GAME TECHNOLOGY SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, CRUSH GAME TECHNOLOGY’S AND CRUSH GAME TECHNOLOGY’S AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
B. Indemnification
Upon CRUSH GAME TECHNOLOGY’s request, you agree to defend, indemnify and hold harmless CRUSH GAME TECHNOLOGY and its affiliates, licensors, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees that arise from a breach of this EULA, or any other CRUSH GAME TECHNOLOGY Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold CRUSH GAME TECHNOLOGY harmless for any improper or illegal use of the Game.
You are solely responsible for any damage caused to CRUSH GAME TECHNOLOGY, its licensors, providers and contractors, other users of the Game or any other individual or legal entity as a result of your violation of this EULA.
CRUSH GAME TECHNOLOGY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to CRUSH GAME TECHNOLOGY in that matter.
C. Updates: Possible Setbacks and Loss of Data
IMPORTANT: CRUSH GAME TECHNOLOGY MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE GAME AND CRUSH GAME TECHNOLOGY SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL, AND YOU MAY LOSE ACCESS TO ANY VIRTUAL GOODS YOU MAY HAVE “EARNED” OR “PURCHASED”. CRUSH GAME TECHNOLOGY RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
D. Third-Party Features
As applicable, certain parts of the Game may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. As such, please review such additional terms and costs carefully.
A. Equitable Remedies
You hereby acknowledge and agree that CRUSH GAME TECHNOLOGY would suffer irreparable harm if this EULA or any of the CRUSH GAME TECHNOLOGY Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that CRUSH GAME TECHNOLOGY shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this EULA or any other CRUSH GAME TECHNOLOGY Terms.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA or any other CRUSH GAME TECHNOLOGY Terms (“Dispute”), you and CRUSH GAME TECHNOLOGY agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration proceeding. Such informal negotiations commence upon written notice from one person to the other. CRUSH GAME TECHNOLOGY will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to CRUSH GAME TECHNOLOGY via email to crushgametechnology@gmail.com or in writing and addressed to: CRUSH GAME TECHNOLOGY LIMITED at Suite 603,6/F, Laws Commercial Plaza, 788 Cheung Sha Wan Road, Kowloon, Hong Kong.
C. Formal Dispute Resolution
If you and CRUSH GAME TECHNOLOGY are unable to resolve a Dispute through informal negotiations, either you or CRUSH GAME TECHNOLOGY may elect to have the Dispute finally and exclusively resolved by the arbitration centre of Hong Kong.
A. Remedies
You agree that this EULA is not intended to confer and do not confer any rights or remedies upon any person other than the parties to this EULA. You also understand and agree that the Privacy Policy and this EULA and any other CRUSH GAME TECHNOLOGY Terms, including CRUSH GAME TECHNOLOGY’s enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
B. Severability
If any part of this EULA or the CRUSH GAME TECHNOLOGY Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of CRUSH GAME TECHNOLOGY, and the remaining portions shall remain in full force and effect.
C. Assignment.
CRUSH GAME TECHNOLOGY may assign this EULA, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this EULA without CRUSH GAME TECHNOLOGY ’s prior written consent, and any unauthorized assignment by you shall be null and void.
D. Waiver
The failure of CRUSH GAME TECHNOLOGY (or its licensors) to exercise or enforce any right or provision of this EULA or any CRUSH GAME TECHNOLOGY Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by CRUSH GAME TECHNOLOGY (or its licensors) of any provision, condition or requirement of this EULA or any CRUSH GAME TECHNOLOGY Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
E. Force Majeure.
CRUSH GAME TECHNOLOGY shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of CRUSH GAME TECHNOLOGY, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond CRUSH GAME TECHNOLOGY ’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.
F. Governing Law.
The laws of Hong Kong, excluding its conflicts-of-law rules, govern this EULA and any other CRUSH GAME TECHNOLOGY Terms; and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with CRUSH GAME TECHNOLOGY or relating in any way to this EULA, any other CRUSH GAME TECHNOLOGY Terms, or your use of any CRUSH GAME TECHNOLOGY Services resides in the Hong Kong International Arbitration Centre (HKIAC), and you further agree and expressly consent to the exercise of jurisdiction in HKIAC in connection with any such dispute including any claim involving CRUSH GAME TECHNOLOGY or its affiliates, employees, contractors, officers, directors, vendors and content providers. The arbitration will be conducted in Hong Kong in accordance with the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The arbitral award is final and binding upon both parties. The arbitration shall be held in English language.
Those who choose to access the Game or any other CRUSH GAME TECHNOLOGY Service from all locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, this EULA shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.
G. Entire Agreement.
This EULA, the Privacy Policy, and any other CRUSH GAME TECHNOLOGY Terms, including any posted rules or instructions regarding a particular activity, poll, or contest constitute the entire agreement between you and CRUSH GAME TECHNOLOGY relating to your rights and obligations in the use of the Game and the CRUSH GAME TECHNOLOGY Services. If there is any conflict between this EULA, the Privacy Policy, and any other CRUSH GAME TECHNOLOGY Terms, CRUSH GAME TECHNOLOGY shall resolve the conflict in its sole discretion.
For any questions concerning this EULA, you may contact CRUSH GAME TECHNOLOGY at the following address: crushgametechnology@gmail.com.
H. Additional Mobile Application Terms
The following additional terms and conditions apply with respect to any Game that CRUSH GAME TECHNOLOGY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that CRUSH GAME TECHNOLOGY Terms are between you and CRUSH GAME TECHNOLOGY only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with usage rules set forth in Apple’s then-current App Store Terms of Service.
CRUSH GAME TECHNOLOGY, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that CRUSH GAME TECHNOLOGY, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by CRUSH GAME TECHNOLOGY Terms and any law applicable to us as provider of the iOS App.
You agree that CRUSH GAME TECHNOLOGY, and not Apple, shall be responsible, to the extent required by CRUSH GAME TECHNOLOGY Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
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.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to CRUSH GAME TECHNOLOGY Terms as they relate to your license to use the iOS App. Upon your acceptance of CRUSH GAME TECHNOLOGY Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce CRUSH GAME TECHNOLOGY Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any Game that CRUSH GAME TECHNOLOGY provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that CRUSH GAME TECHNOLOGY Terms are between you and CRUSH GAME TECHNOLOGY only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
CRUSH GAME TECHNOLOGY, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or CRUSH GAME TECHNOLOGY Terms.
Date of Last Revision: April 22th, 2022