Updated July 20, 2022
Please note that MAGIC MOBI LIMITED Terms of Service together form a legal document that explains your rights and obligations as a user of MAGIC MOBI from MAGIC MOBI LIMITED., a corporation duly established under the laws of HongKong, with its registered address at FLAT/RM D 8/F, SUN FAI COMMERCIAL CENTRE NO.576 RECLAMATION STREET, KL.
To use MAGIC MOBI services, you shall read and abide by the MAGIC MOBI terms of service (hereinafter referred to as the “ToS”). Please be sure to carefully read and fully understand the content of each clause, especially those involving waiver or restriction of liabilities, terms of jurisdiction, applicable laws, and separate agreements on the provision or use of a certain service. Clauses involving waiver or restriction or liabilities, and/or those involving your major rights and interests may be underlined or in bold for your attention.
Unless you have read, fully understood and accepted all the terms and conditions of the ToS, you have no right to use MAGIC MOBI services. If you use MAGIC MOBI services or accept the ToS in any other express or implied manner, it shall be deemed that you have read and agreed to enter into the ToS. The ToS shall come into legal effect between you and MAGIC MOBI and constitute a legal document binding on both parties.
If you are under the age of 18 (or other legal age defined as an adult in your jurisdiction), please read the ToS with your legal guardian(s) and pay close attention to provisions regarding minors.
To learn more, you may review the corresponding provisions through the following index:
USER REGISTRATION;
APPLICATION OF TERMS;
YOUR ACCOUNT
SOFTWARE-BASED SERVICE OF MAGIC MOBI
APPLICATION
MAGIC MOBI SERVICE
INDIVIDUAL SERVICE
YOUR RIGHTS AND OBLIGATIONS
INTELLECTUAL PROPERTY RIGHTS
PERSONAL INFORMATION PROTECTION
DISCLAIMER
LIMITATION OF LIABILITY
JURISDICTION AND APPLICABLE LAW
MISCELLANEOUS
You become a user of MAGIC MOBI ("user") by completing the registration of a MAGIC MOBI user account. Our service is not intended for children under 13, and we will not knowingly collect personal information from children under the age of 13 or otherwise specified by the laws and regulations of your country or region of residence.
You shall be liable for any action performed using your MAGIC MOBI account, including taking reasonable measures to protect the security of your account.
1.1 Scope
(1) The ToS are entered into between users and MAGIC MOBI with respect to using MAGIC MOBI services.
(2) The services under the Terms refer to MAGIC MOBI App-related services and other network services that MAGIC MOBI is currently providing and may provide to you in the future (“services”).
(3) The ToS include the Privacy Policy, as well as separate terms, operating rules and community management regulations, etc. (hereinafter collectively referred to as "Separate Terms") governing a certain MAGIC MOBI service you are using, which, once issued, shall be an integral part of the ToS, and which you shall also read and abide by. If you use services involved in any of the said Separate Terms, it shall be deemed that you have agreed to accept and abide by the Separate Terms and the ToS.
1.2 MAGIC MOBI Account
(1) If the information you provide during the MAGIC MOBI account registration process is inaccurate, untrue, or contains illegal or harmful information, MAGIC MOBI has the right to deny your registration request and terminate MAGIC MOBI services provided to you. If you obtained an account by providing false information, or your registration information contains illegal or harmful information, MAGIC MOBI has the right to notify you to make corrections within a specified period, suspend or revoke your account accordingly. If you have obtained an account by using the identity of a third party without that party’s authorization, including an affiliate or celebrity, MAGIC MOBI has the right to terminate the account and report your conduct to the local government or other authorities.
(2) You may not reveal, share, transfer or otherwise allow others to use your password or account except as otherwise specifically authorized by us. If you believe that the confidentiality of your account information may have been compromised, you must notify us via email ([email protected]). We may ask you to provide a valid personal identification consistent with your registration information.
(3) You may not sell or charge others for the right to use your account, or otherwise transfer your account. Nor may you sell, charge others for the right to use, or as otherwise specifically permitted by MAGIC MOBI .
(4) You understand and agree that, except for the rights enjoyed by the relevant holder in accordance with the law, the data and record generated by your use, including but not limited to the MAGIC MOBI account, login, activity, purchase records, and related statistics, etc., shall belong to MAGIC MOBI. In the event of a dispute, the data provided by MAGIC MOBI shall prevail.
Some of MAGIC MOBI’s services may include downloadable software. If you need to use services provided by the software, you shall abide by the following:
2.1 You may need to download software when using the services of MAGIC MOBI. We will grant you a personal, non-transferable and non-exclusive license. You can use the software only to access or use services.
2.2 From time to time, MAGIC MOBI may update the software to improve your experience, ensure the security of the service and consistency of product functions. You are recommended to update the software to the latest version; otherwise MAGIC MOBI can not guarantee the software will operate as intended.
2.3 MAGIC MOBI may develop different software versions for different terminal devices. You shall choose the appropriate version to install. You may obtain the software directly from our website, or from a third party authorized by us. If you obtain software or an installer program with the same name as the software from a third party not authorized by MAGIC MOBI, we cannot guarantee that the software can be used normally and will not be responsible for any losses incurred by you.
3.1 Some of MAGIC MOBI services are fee-based. If you use such services, please abide by the applicable agreement or provisions. If you fail to pay such fees on time and in full, MAGIC MOBI has the right to suspend or terminate such service.
3.2 You agree and understand that MAGIC MOBI or third parties may send you advertisements or promotional information (including commercial and non-commercial information) when providing services.
3.3 We may modify or change the rate and method of payment as needed. We may also start charging fees on free services. Before making such modifications, changes or commencing fees, MAGIC MOBI will issue a notice or announcement on the relevant service screen. If you refuse to accept such modifications, changes or paid content, you shall stop using such services.
3.4 We may provide you with an option to close one-time advertising information, but you shall not block or filter advertising information at any time in a manner that is not set forth in the ToS or without MAGIC MOBI’s prior written consent.
3.5 MAGIC MOBI may upgrade, optimize, change, interrupt, suspend or terminate services.
3.6 You understand and agree that MAGIC MOBI has the right to make decisions regarding its own operational strategy. If MAGIC MOBI is subject to merger, division, acquisition or asset transfer, MAGIC MOBI may transfer related assets under the service to a third party; MAGIC MOBI may also have a third party operate or perform part or all of services under the ToS after providing you with prior notice. The transferee shall be subject to the notification of MAGIC MOBI.
3.7 MAGIC MOBI reserves the right to suspend or terminate services provided to you without notice for safety reasons or in other necessary circumstances.
5.1 In order to provide you with comprehensive, sound and quality service, MAGIC MOBI may provide you with other individual services, including but not limited to live broadcasts, cloud games, MAGIC MOBI accelerator and videos. You have the right to decide whether or not to use them.
5.2 The aforementioned individual services may be subject to a separate agreement. Unless you have fully read, understood and accepted all the terms and conditions of the separate agreement, you have no right to use certain individual services provided by MAGIC MOBI.
5.3 When you use products or services provided by a third party on the MAGIC MOBI platform, you shall comply with the user agreement entered into with the third party in addition to the ToS. MAGIC MOBI and the third party shall each take their respective responsibilities for any dispute to the extent as defined by law or agreed upon by both parties
5.4 You should understand the rating information is decided by the third party service provider, MAGIC MOBI is not responsible for the rating information.
6.1 Unless otherwise agreed upon with MAGIC MOBI, you agree that the services under the ToS are only for your personal, non-commercial use.
6.2 You shall use services in a manner defined or approved by MAGIC MOBI. The rights available to you under the ToS shall not be transferable.
6.3 You shall not use any plug-in, add-on or third-party tool not authorized by MAGIC MOBI to interfere with, destroy, modify, or exert other influence on the services under the ToS.
6.4 If MAGIC MOBI has reason to believe that your conduct is or may be in violation of the aforementioned, MAGIC MOBI may, at its sole discretion, suspend or terminate services without a prior notice, and pursue legal actions. If there are special laws and regulations in the area where you are located, such laws and regulations shall prevail.
6.5 When you use MAGIC MOBI services, you promise to abide by the local laws and regulations, and you shall not use the service to engage in illegal activity.
6.6 If MAGIC MOBI discovers or is informed that the information you posted or published is in violation of the ToS or the laws, MAGIC MOBI has the right to decide at its sole discretion and take technical measures to delete, block or disconnect relevant links to the information. Additionally, MAGIC MOBI has the right to take measures as appropriate, including but not limited to suspending or terminating services, restricting, suspending or terminating your account, and you shall bear full responsibility solely (including but not limited to property damages, reputational damage, legal fees, attorney fees, notarization fees, transportation fees, and other reasonable expenses).
6.7 You shall refrain from involving MAGIC MOBI in any political or public incident when you use any service hereunder; otherwise MAGIC MOBI has the right to suspend or terminate such service provided to you.
7.1 We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the services, you agree not to infringe upon intellectual property rights (including but not limited to software, websites and applications, text, pictures, audio, video, charts) of any party while using the services. For example, agreeing not to upload any content that is the property of someone else to the services.
7.2 Services and all title, ownership rights, intellectual property rights, neighboring rights and other rights and interests 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 us or our licensors and are protected by American, International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the game or 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 in whole or in part. We reserve all rights in games and services we owned and licensed that are not expressly granted to you in this EULA or ToS. You acknowledge that we 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.
7.3 UGC (User-Generated Content) means any form of content such as creation work, feedback, suggestions, comments, ideas, software, code and/or any other information that you provide, publish, or otherwise communicate directly or indirectly to us regarding the MAGIC MOBI services and platform.
7.4 By uploading or contributing the UGC, you (“licensors”) grant to MAGIC MOBI(“licensee”), an irrevocable, non-exclusive, perpetual, transferable, assignable, worldwide, sublicensable, royalty-free license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, extra fee or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC in games and MAGIC MOBI services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant MAGIC MOBI services without further notice, attribution, or compensation to you.
8.1 It is our policy to protect your personal information. MAGIC MOBI will collect, use, store and share your personal information in accordance with the ToS and the Privacy Policy. If the personal information protection provisions of the ToS conflicts with those in the Privacy Policy, and the ToS does not expressly provide for protection of personal information, the Privacy Policy shall prevail.
8.2 We may disclose your personal information for legal reasons as required.
9.1 You understand and agree that when you use the services, the service may be disrupted due to force majeure or other risks. For the purposes of the ToS, “force majeure” refers to an event that cannot be foreseen, overcome or avoided and has material effects on a party or both parties hereto, including but not limited to natural disasters, e.g. flood, earthquake, epidemic and storm, and social incidents, e.g. war, riot, government action, etc. When such event occurs, MAGIC MOBI will make its best efforts to cooperate first with the relevant organizations to make repairs in a timely manner, but MAGIC MOBI shall be exempt from any losses caused to you by such event to the extent as permitted by law.
9.2 Prior to completing the registration, you shall consult the product information made available on MAGIC MOBI, including the subscription description, minimum technical requirements, and user reviews.
THIS SECTION LIMITS WHAT YOU CAN RECOVER FROM US IN A DISPUTE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTY WILL NOT BE LIABLE IN ANY WAY FOR ANY:
(1) LOSS OF PROFITS
(2) LOST REVENUE
(3) LOST SAVINGS
(4) LOSS OF DATA
(5) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties, or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and the ToS will not prejudice such rights that you may have as a consumer of the services.
11.1 YOU AND MAGIC MOBI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. MOREOVER, IF THE DISPUTE OF THE PARTIES IS RESOLVED THROUGH ARBITRATION, THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
12.1 MAGIC MOBI has the right to modify the terms of the ToS as needed. You may find the latest version of the ToS on the service pages.
12.2 If you continue to use our services after amendment of the ToS, you shall be deemed to have accepted the amendment. If you refuse to accept the amendment, you must stop using software or services provided by MAGIC MOBI.
12.3 The headings of articles herein are for convenience of reading only and shall not be used to interpret the ToS.
12.4 If any provision of the ToS is held partially invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and binding upon both parties.
12.5 If you have any comments or suggestions on the ToS or the service hereunder, you may contact MAGIC MOBICustomer Service for assistance via email address [email protected].
MAGIC MOBI