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