Tongits + Game Privacy Protection Guidelines

Updated on: [2023-10-01]
Became effective on: [2023-10-01]

Summary

Thank you for you choosing Tongits + game (hereafter referring to as “we” or “us”; in the Guidelines, “Tongits +” refers to Tongits + Game ; the contact information regarding personal data protection is: [Name: Tongits + ; Tel&whatsApp : +852 53152243

In addition to “Tongits + Privacy Policy” and “Tongits + Game License and Service Agreement”, through the Tongits + Game Privacy Protection Guidelines ("Guidelines"), we will further elaborate on how we collect, use, store and share your personal information when you are playing Tongits + Game, as well as the relevant rights you are entitled to. The Guidelines are part of the “Tongits + Game License and Service Agreement”. The highlights are as follows:

In order to provide you with game entertainment and to support the related player interaction, consumption and other services, we need to collect information such as your game history, device information, login data and others. You hereby consent to provide the following specific information for the purpose:

• your age or birthday;
• your first and last names;
• your e-mail address;
• a password;
• game username(s);
• details about the games you play;
• approximate location information;
• your game history;
• your device’s operating system and version;
• your mobile device’s identifiers, like your MAC Address, Identifier for Advertising (IDFA), and/or International Mobile Equipment Identity (IMEI);
• your login data;
• other information that helps us make sure it’s you accessing your account, information necessary for us to provide the support you request, or information you provide to help us improve our Service (such as answers to an online survey or a feedback form).

In order to better protect both the physical and the mental health of minors and facilitate a healthy access to the internet by minors, we may implement more stringent anti-addiction measures in addition to the relevant regulations on anti-addiction policies of online games. At the same time, we have been constantly developing and testing various new technologies to better protect the minors.

You can manage your personal information and the relevant authorizations according to the provisions of the Guidelines.

We adopt a wide range of security measures to ensure that your personal information is protected under a reasonably safe manner.

By reading the full version of “Tongits + Game Privacy Protection Guidelines”, you may learn more about the processing rules of personal information such as the correspondence between the types and the uses of personal information.

1. Information We Collect

While you are using Tongits + Game Service, Tongits + Game will collect through the following ways the information that you voluntarily provide when using the service or the information generated by your use of the service, in order provide and optimize our services to you and to ensure your account in safe security:

1.1 When you register or use Tongits + Game Service, we will collect the information of your network identity and the personal device that you frequently use, in order to mark you as our users. If you use a Facebook and (or) other account recognized by us (hereafter referred to as “Third-Party Account”) as the game account to login to Tongits + Game, we will collect your unique ID, avatar and user name of Facebook and Third-Party Account to store your login information so that you can login on different devices.

If you use a Facebook and (or) Third-Party Account as the game account to login to Tongits + Games, in order to provide you with better services and improve your game experiences, we will collect and you hereby consent to provide the following information for the purpose:

• your first and last name;
• your profile picture or its URL;
• your user ID number (like your Facebook ID number), which may be linked to other information like your name and profile photo, and your friends’ identifiers;
• the user ID number and other information of your friends, like their names and profile photos;
• the login e-mail you provided to the third-party account;
• nicknames;
• your log-in status, battle information/status, achievement information related in Tongits + Game;
• your physical location and that of the devices you use to access our Service;
• your gender;
• your birthday and/or age range;
• information about your activities on or through the third-party account;
• other information you have shared on the third-party account;
• If you access our Service from a third-party account or connect our Service to a third-party account, you should also read that third-party account’s Terms of Service and Privacy Notice.If you are unclear about what information a third-party application is sharing with us, please go to the third-party application to find out more about their privacy practices.

and Tongits + may present it to you or other users or your friends. Depending on the specific situations of a game product, we may provide you with the relevant permissions enabling you to adjust the settings as to whether or not to display Such Information.

1.2 In order to comply with the relevant laws, regulations and policies and the requirements of competent authorities, Tongits + Game users may need to complete the real-name verification before using and enjoying Tongits + Game. For the purpose, you hereby consent that we may collect your real-name ID and other information, including:

• your first and last names;
• your age or birthday;
• ID number;
• photos.

Your refusal to provide your real-name ID information may result in a failure to log into Tongits + Game or the corresponding restrictions to your use of Tongits + Game.

1.3 In order to ensure your use of our service under normal conditions, to maintain the normal operation of basic functions of the game, to optimize the performance of the game product, to improve your gaming experience and protect the security of your game account, we will collect the information including:

• your device ID as well as the name;
• type and version of your device;
• the version of the system;
• IP address;
• MAC address;
• application ID;
• network type.

1.4 When you use Tongits + Game Service, we will collect your game log information, including:

• log-in data;
• item logs;
• game battle information;
• friends relation records.

so that you can view the records of your game history on your terminal and we can use the above information for analyzing game operation statistics, handling customer service complaints and other game security analyses. Also, to improve the game experience for you, we may synchronize the afore-mentioned information with the later versions of the game or with other products you are using that are provided by us.

1.5 When you use the consumption function of Tongits + Game products, we will collect your recharge history, purchase records and other information, so that you can check your transaction records, and at the same time to protect your virtual items to the greatest extent possible. Recharge history and purchase records are sensitive information. It is necessary to collect the above information in order to enable the consumption function of Tongits + Game product s, otherwise the transaction could not be completed.

1.6 To protect the security of your game account and to create a fair, healthy and safe gaming environment, we will collect information such as your game identity information, hardware and operating system information, processes and breakdown records and other information, for the purposes of fighting against the behaviors that destroy the fair gaming environment or that interfere and disrupt normal game services (such as detecting counterfeits, scanning plug-ins, preventing cheating, etc.).

1.7 According to reports and targeting of keywords involving pornography, violence, political and abusive content, terrorism, malicious advertising, and other legally prohibited content, we may store temporarily and filter the information when you interact with other players through text, images, voice, video and other means in the game, for the purpose of purifying the game environment and maintain a healthy Internet environment.

1.8 If you wish to interact with other game players through voice and video, and to participate in live broadcasting, upon your authorization, Tongits + Game will access your microphone and camera to accommodate you with voice chatting, interaction during live broadcasting and other functions. But we will never violate the privacy of your voice and video. You can also revoke the authorization of the microphone and camera at any time.

1.9 If you wish to interact with nearby game players, upon your authorization we will collect the information of your geographic location to search for nearby game players, so that you can match with them or team up with them, etc. Geographic location information is a type of sensitive information. Your refusal to provide this information will only result in your incapability to interact with nearby game players, and will not affect your normal use of other functions provided by Tongits + Games. You can also withdraw your authorization for the geographic location information at any time.

1.10 We have enabled a reminder function for moderate time length of playing games. If you use a wearable device, we will, with your consent, collect information such as your heartbeat when you are playing the game, so as to issue a system reminder when you have spent excessive time on the game.

1.11 We may analyze your game data to understand your preference, and we may share your such preference and relevant necessary information to other products and services within the Tongits + Group, in order to better show you what you may be of interest within Tongits + Games and other products and services within Tongits + Group.

1.12 In accordance with relevant laws, regulations and standards, we may collect and use your personal information in the following situations without obtaining your authorization:

• where it is directly related to national interests such as national security and national defense security; and directly related to major public interests such as public security, public health, and public knowledge;
• where it is directly related to criminal investigations, prosecutions, trials and enforcement of judgments, etc.;
• where it is for protecting the fundamental legal rights of you or other individuals, such as life, property and reputation, but it is also difficult to obtain consent from you or the related individual;
• where the personal information we collected is disclosed to the public by yourself;
• where the personal information is collected through legitimate and public channels, such as legitimate news reports, government information disclosure, etc.;
• where it is necessary to sign and perform the contract according to your requests;
• where it is necessary to maintain a safe and stable operation of the products or services provided by us, such as the discovering and treating of the malfunctions of such product or service. But we will continue to protect the security of your personal information and ensure that it will not be used for other purposes;
• where it is necessary to conduct statistical or academic research for public interests; and when externally providing the results of academic research or description, applying deidentification method to the personal information contained in the results. In addition, it will not be used for any other purposes and activities; or
• other circumstances as stipulated by the laws and regulations.

1.13 Please understand that the functions and services we provide to you are constantly updated and developed. If a certain function or service is not included in the above descriptions herein but your information is collected there, we will separately explain to you the content, scope and purpose of such collection through prompts, interaction process, website announcement and other ways in order to obtain your consent.

At present, aside from collecting game research information from thirdparty research organizations to help us upgrade our game products and provide personalized services, and aside from your use of ThirdParty Account to login in Tongits + Games prescribed in Section 1.1 herein, we do not take the initiative to obtain your personal information from any third party outside of Tongits + game. In the future, if Tongits + needs to obtain your personal information indirectly from a third party outside of Tongits + game and process such personal information, we will strictly comply with the relevant laws and regulations, and we will require the said third party to obtain your consent and to guarantee the legality of the information it provides.

2.Storage of Information

2.1 Manner and Term of Storing Information

We will store your information in a secure manner, including storing it locally (such as data caching via APP), using database and server logs.

In general, we will only store your information for a necessary period for achieving the purpose of providing our services or as required by laws and regulations.

2.2 Termination Notice of the Product or Service

In the event the operation of a product or service is terminated, we will make an announcement in accordance with the relevant laws and regulations, and will protect your legitimate rights and interests.

3.Information Security

3.1 Security Measurements

We strive to protect information security of the users to avoid any information leakage, loss, improper usage, unauthorized access and disclosure, etc. We employ multiple security measures, including technical protection solutions, management system controlling, security system guarantee and others to make sure the user’s personal information is protected in a reasonably secured manner.

To avoid any kind of doubt, it is neccessary to specify to you that all the game products of us have nothing to do with money, all golds and props in our game products are only for purpose of entertainment in the game.

We adopt leading technical protection measures in the industry. The measures we take include but not limited to firewall, encryption (such as SSL), de-identification or anonymization, access controlling, etc. Further, we will constantly strengthen the security capacity of the software installed in your devices. For example, we will implement part of the encryption work in your devices locally to consolidate a secured transmission; we will collect the information of the applications installed in your devices and its processing information during operation to avoid malicious programs such as virus and Trojan.

We have established special management regulations, procedures and organizations to safeguard the security of the personal information we collected. For example, we will apply strict limitation on the scope of people authorized to access the information, requiring them to obey confidential obligations and conducting audits. Those who violates such obligations will be punished in accordance with the regulations. We will also review the management regulations, procedures and organizations to prevent unauthorized access, use or disclosure of the users’ information by those people that are without authorization.

We suggest you give full attention to the protection of personal information when using the products and services, and we will also provide multiple security methods to assist you to protect the security of your personal information.

3.2 Dealing with Security Incident

If any security incident such as the leak of personal information occurs, we will initiate the emergency plan to prevent it from expanding, and ensure to inform your of what we know within 72 hours upon knowledge, or when there is reasonable belief, that a personal data breach has occurred. Upon the occurrence of such incident, we will inform you the basic situation of the security incident, the treatment measures and remedies we will take or have taken as well as our advices for you, via announcements, push notifications or emails, etc. If it is difficult to inform every user, we will issue the warning through public announcements or other reasonable means.

4. How We Use the Information

We will strictly obey the laws, regulations and the agreement with our users, and we will make use of the collected information in accordance with the Guidelines, "Tongits + Game License and Service Agreement" and "Tongits + Privacy Policy" so as to provide you with better service.

4.1 Rules for Using Information

We will use the collected information in accordance with the following rules:

• based on the information we collected, we will provide you with multiple functions and services, including the general gaming functions, interactive functions between players, live broadcasting functions as well as consumption functions;
• we will analyze the operation of our products based on the frequency and situations of your use of Tongits + Game, malfunction information and performance information, etc., so as to ensure a safe provision of our services, and to optimize our products and improve the quality of our services. We will not combine your personal information with the information we stored in the analysis software.

4.2 The Way to Seek Consent after Informing the Purpose of Changing

We will use the collected information within the scope included in the Guidelines. If we use your personal information beyond the scope and a direct or reasonably relevant scope, of purpose we claimed when collecting the information we will again inform you and seek your express consent before using your personal information.

5.Provide to Other Entities

Currently, except for the conditions provided in the Guidelines and “Tongits + Game License and Service Agreement”, we will not actively share, provide or transfer your personal information to any other third party outside of Tongits + game. In the event we share, provide or transfer your personal information or you need us to share, provide or transfer your personal information to a third party outside of Tongits + Group, we will directly ask for your prior express approval or confirm that the third party has obtained your express approval.

Notwithstanding the above paragraph, we might provide your log-in information and relevant information (such as log-in data, item logs, etc.) generated in the game to the overseas developer entities or relevant third parties for the purpose of conducting security analysis, and helping to improve game services and further optimize users’ experience in game.

Tongits + integrates Bugly SDK products and/or services into our applications. In order to keep abreast of our product operation dynamics and quickly discover and resolve your abnormal feedback, we may need to collect relevant personal and sensitive user data from you, including: Installed Application, crashes information, Android ID/IDFV, and provided to the Bugly SDK operator in a de-identified or anonymous manner.

The following privacy policy linked provide you information about Bugly’s processing of your personal information.（https://privacy.qq.com/policy/tencent-privacypolicy）

Tongits + cooperates with reputational ad exchange platforms including Admob. When you install and use our product after you view and click an ad served by Admob Service, they may collect information about your downloading, installation, activation of an app or other activities about you within the app. Where Admob acts as Demand Side Platform (“DSP”) serving ads, in order to analyze and display advertising including personalized or behavioral advertising on your device, we may collect and share your personal information with them including the following: screen size & orientation, device make, model, operating system, operating system version, device type, version and characteristic of the app used by you when you interact with the Admob Services, carrier information, network connection type, IP address, user-agent; country, time zone and locale settings (country and preferred language) and mobile advertising identifier (e.g. Apple IDFA or Google advertising ID).

The following privacy policy linked provide you information about Admob’s processing of your personal information.

In addition, we will try to contact the parent or legal guardian after a person that is suspected to be a minor has made consumption, and inform the parent or legal guardian of the consumption records and other information to remind the parent or legal guardian to confirm and handle this issue.

Except as otherwise provided in the Guidelines, “Tongits + Game License and Service Agreement” and “Tongits + Privacy Policy”, we will not publicly disclose the information we collect. If a disclosure is necessary, we will inform you about the purpose of the disclosure, the type of the disclosed information and the sensitive information that may be involved, and we will also obtain your express approval.

As our business continuously develops, we are likely to conduct transactions such as mergers, acquisitions and asset transfers, etc. We will inform you of the information and continue or require the new controllers to continue to protect your personal information in accordance with the laws and regulations and the standards no lower than the requirements of the Guidelines.

In addition, in accordance with relevant laws, regulations and standards, we may share, transfer, or publicly disclose personal information without your prior authorization and approval in the following situations:

• where it is directly related to the national security and national defense security;
• where it is directly related to public security, public health or major public interests;
• where it is directly related to criminal investigation, prosecution, trial and enforcement of judgments;
• where it is for protecting the material legal rights and interests such as life, property and others of the personal information holder or other individuals but it is also difficult to obtain consent from the involved person;
• where the personal information holder publicly discloses personal information by himself/herself; or
• where the personal information is collected through legitimate and publicly channels, such as legitimate news reports, government information disclosure, etc.

6. Data Retention and Deletion

6.1 Data Retention

How long we retain your personal information depends on why we collected it and how we use it, but we will not retain your personal information for longer than is necessary for our business purposes or for legal requirements.

As a general rule, we retain your personal information only as long as required to perform the Services or other purpose that was the reason for the collection of the information. We will retain most of your personal information as long as you use the Services (i.e., until account deletion in accordance with your request) with the following exceptions: Contact Information that is obtained as a result of you participating in our promotional activities will be retained during such activities as expressly designated in the corresponding activities.

We will retain personal information about you and connected with your account and/or the Services you use from us for as long as you have an active account with us. We will take reasonable measures to delete this personal information if you delete your account. However, you acknowledge that we will keep certain records (e.g., personal information relating to payments or customer service matters) where we need (and have rights) to, such as for legal or accounting purposes. We’ll also keep information in order to exercise, defend, or establish our rights.

In the event that the processing and retention period have terminated, but personal information is required to be retained continuously for other reasons including for archiving purposes as prescribed under applicable laws, the relevant personal information will be stored and maintained separately from other types of personal information. If you require us to destroy your personal information before the end of its life cycle (as set out in the retention policy above), we will destroy your personal information in accordance with local laws).

6.2 Data Deletion

You can delete your account, or remove certain personal information.If there is any other personal information you believe we process that you would like us to erase, please contact us Tel&whatsApp:+852 53152243

Please state your account ID and deletion request in your email clearly. We will usually process your request within 48 hours of receiving your email.

When you remove our app and request to delete your data, the system will call the data deletion callback. You can do this simply by going to your Facebook profile and navigating to the Settings & Privacy > Settings > Apps & Websites page and clicking the Send Request button.

You may request that we erase the personal information we hold about you in the following circumstances:

you believe that it is no longer necessary for us to hold such personal information; or you believe the personal information we hold about you is being unlawfully processed by us.

You can also exercise your right to restrict our processing of your personal information (as described below) while we consider your request.

We may need to retain personal information if there are valid grounds under data protection laws for us to do so (e.g., for the defense of legal claims or freedom of expression) but we will let you know if that is the case. Where you have requested that we erase personal information that has been made available publicly on the Services and there are grounds for erasure, we will use reasonable steps to try to tell others that are displaying the personal information or providing links to the personal information to erase it too.

When destroying personal information, measures will be taken to make the personal information irrecoverable or irreproducible, and electronic files which contain personal information will be deleted permanently using a technical method which makes the files irreproducible.

7.Your Rights

During the time you use Tongits + Game Service, we may provide you with the corresponding operation settings based on the specific situation of the game products, so that you can search, delete, change or withdraw your relevant personal information. You can refer to the specific instructions of the corresponding game products to guide your operation. In addition, we have set up the channel to receive complaints and reports, and your opinion will be dealt with in a timely manner. To exercise any of your rights regarding personal information, please contact us at Tel&whatsApp:+852 53152243

8.Amendments

We may amend the Guidelines as appropriate. When the provisions of the Guidelines have been amended, we will inform you of the amended Guidelines in a proper way at the time of version update. Please read the amended Guidelines or the content carefully. Your continuous use of Tongits + Game would be deemed as your approval for us to collect, deal with or use your personal information in accordance with the updated Guidelines.

9.Protection of Minors

We attach great importance to the protection of minors’ personal information, and we will keep exploring new ways to protect minors’ personal information.

We will protect the legitimate rights and interests of minors by initiating anti-addiction system in accordance with relevant regulations on online game anti-addiction policies. We will make a judgment on whether the real name information of an account belongs to a minor via the identification result of information such as real-name identity, based on which we decide whether the account shall be included in the anti-addiction system. In addition, we will collect information such as your login time, length of playing games, etc., and guide the minors to play games rationally through ways such as automatically intervening and limiting the game duration of the minors in our system, enabling the function of mandatorily exiting the game, etc. When the consumption is conducted by a person suspected to be a minor, we will then try to contact his or her parent or legal guardian for reminders, confirmations and deposition, so as to help the minors have a healthy access to the Internet.

At the same time, in order to better protect both the physical and mental health of minors and facilitate a healthy access to the Internet for them, we may employ stricter anti-addiction measures on the basis of relevant anti-addiction policies related to online games. Further, we will keep conducting researches and testing various technologies to protect the minors. For example, in order to further improve the accuracy of real-name verification on identities and to try best to prevent minors from impersonating the identity of others, we may enable face-recognition verifications in some games or for some users (subject to specific game strategies) under specific situations (for example, when you log into a game, or when you top up, purchase or make transactions during the game).

Besides, we may also collect your game behavior data generated during the game (for example, the data such as the click pressure and radius, the relative position of the click, the acceleration direction, and the direction of gravity formed when you operate the game on the terminal device, and the voice data generated when you interact with other players through online voice in the game) to preliminarily determine whether the user is a minor (regarding the voice data, the system will only randomly use some of your online voice to judge whether it is from a child or an adult). If the preliminary determination shows you are a minor, we may enable the face-recognition verification in accordance with the foregoing prescriptions.

If you are the parent or legal guardian of a minor, please pay attention to whether the minor uses Tongits + Game Service or provides his or her personal information after obtaining your authorization and approval. If you have questions about the personal information of the minor under your guardian, please contact us through the contact details provided in Section 9 herein.

10. Contact Us

If you have complaints, suggestions, or questions， please contact us by calling +852 53152243 in Tel&WhatsApp.

We will review the relevant questions as soon as possible, and will respond within 15 days upon verifying your user identity.

Tongits + License and Service Agreement

This “Tongits + License and Service Agreement” (hereinafter referred to as the “Agreement”) is entered into by and between you and Tongits + Service Provider, and this Agreement shall have legally binding force. Please carefully read and fully understand each clause of this Agreement, especially the clauses that exclude or exempt the liabilities of Tongits + (hereinafter referred to as the “Exemption Clauses”), the clauses that limit the rights of users (hereinafter referred to as the “Limitation Clauses”), the clauses related to dispute resolution and court jurisdiction, and the separate agreements for activating or using certain services. The Exemption Clauses, Limitation Clauses, dispute resolution related clauses and jurisdiction related clauses, including but not limited to Clause 2, Clause 3, Clause 4, Clause 6, Clause 9 and other related clauses of this Agreement, may be provided in bold, with color or in other reasonable forms to draw your attention. Your acceptance of these clauses may cause difficulties, inconvenience or losses to you under certain circumstances, so please make sure to double check the above-mentioned clauses before you accept this Agreement or use Tongits + Service.

Unless you have read and accepted each and all clauses of this Agreement, you shall not be allowed to use Tongits + Service. You may contact Tongits +’s customer service department if you have any suggestion and comment on this Agreement or Tongits + Service, and we will provide you with necessary help. It is deemed that you have already read and agreed to sign this Agreement, if you click “Agree”, “Accept” or “Next Step” button, or register and use Tongits + Service.

If you are under the age of 18, please read this Agreement in company with your legal guardian and pay special attention to the clauses regarding use for minors.

1. DEFINITIONS

1.1 Agreement, refers to the text of this Agreement, the “Tongits + Terms of Service”, and “Tongits + Privacy Policy”. Both of the above-mentioned documents constitutes an inseparable part of this Agreement once being officially published. This Agreement also includes the “Mandatory Terms of Formatted Agreement for Online Game Services”.

1.2 Game Rules, refer to Tongits +’s user codes, player regulations, game announcements, tips, notifications, and other contents, which are issued and updated by Tongits + Service Provider from time to time.

1.3 Tongits + may be provided in the form of software, in which case Tongits + also includes the related software and documents.

1.4 Tongits + Service, refers to all the online operation services regarding the games provided by Tongits + to you.

1.5 You, also referred to as “player(s)” or “user(s)”, refers to any natural person who is authorized to use Tongits + and Tongits + Service.

1.6 Game Data, refers to all types of data generated during your use of Tongits + and recorded by the servers, including but not limited to character data, virtual item data, behavior logs, purchase logs, and other data.

2. GAME ACCOUNT

2.1 You acknowledge and agree that you may not be able to recharge for your game account or make purchase when using a guest account. Once you uninstall/re-install Tongits + or replace your terminal device such as mobile phone or computer, or your terminal device is damaged, all the Game Data generated during your use of a guest account may be deleted and cannot be queried or recovered. You shall be responsible for all your losses arising from these circumstances.

If you use a third-party account recognized by Tongits +as the Game Account for Tongits +, you shall also comply with the agreement and rules regarding the third-party account. You shall contact the third party to resolve the related problems arising from your use of the third-party account, including but not limited to account theft, and Tongits +may provide appropriate assistance to you depending on the circumstances.

2.2 You fully understand and agree that, Tongits +is entitled to verify the authenticity and validity of the information provided by the user during registration, and actively take reasonable technical and administrative measures to guarantee the safety and validity of the user’s account. The user is obligated to take care of his/her account and password, and to use the account and password in a safe manner. If any party fails to perform any of the above obligations and thus results in the loss or theft of account and password, the party should be legally responsible for any damage caused to the civil rights of the user or other third party.

If you find anyone else assumes or steals your game account and password, or uses your game account and password without your authorization, you shall immediately notify Tongits +in an effective manner in accordance with Tongits + ’s request and inform Tongits X of the measures need to be taken. When you notify Tongits +, you shall provide your valid personal identity information that is consistent with your registered information. Upon receiving your valid request and completing the verification, Tongits + will take corresponding measures based upon your request or upon the specific circumstances (including but not limited to suspending the log-in and use of the account, or other measures). You should be responsible for any loss of yourself or other users caused by the measures taken by Tongits + following your request. If you do not provide valid identity information or the personal information you have provided is inconsistent with your registered identity information, Tongits +is entitled to reject your request, and you should be responsible for any loss caused by such rejection.

2.3 You fully understand and agree that, in order to ensure the effective use of the server resources, if you do not use your game account to log-in Tongits + in three years, Tongits +is entitled to take relevant measures, such as deleting your account along with the Game Data and other information related to the account upon prior notification.

2.4 The game account is the identification that Tongits + authorizes you to log in and use Tongits +s and related services in accordance with this Agreement, and its ownership belongs to Spirejoy. You only have the right to use the game account in accordance with this Agreement and other relevant account usage agreement and special rules issued by Tongits +for it. You shall not provide your game account to anyone else for use in any manner, including but not limited to assigning, leasing and lending your game account to anyone else for commercial use, including but not limited to live broadcasting, videotaping, surrogate training/ gaming and other commercial use. Otherwise, you shall be responsible for any legal consequences and liabilities caused by your action, and Tongits +will be entitled to take punitive measures against your game account, including but not limited to issuing warning, restricting or prohibiting the use of all or part of your game account function, deleting game account along with Game Data and other related information, banning or canceling of game account, and you will be responsible for all the losses caused thereby.

2.5 In the case that Tongits +’s provides the game account cancellation function, if you need to cancel the game account, you may follow the account cancellation guidelines officially provided by the game, and you should ensure that you meet the relevant conditions for game account cancellation officially announced by the game, and you agree the official game account cancellation agreement and other relevant rules announced by the game. At the same time, it is also specially reminded that if you log out of the game account, the relevant game revenue under the game account will also be cleared. Therefore, please make sure that you have properly handled the game revenue or have settled related game revenue under the game account before you cancel this game account. Once you cancel this game account, if there is any game revenue remaining under the game account at that time (including the game revenue that has generated during the use of this game and will generate in the future), Tongits + has the right to clear all game revenue under the game account, and the consequences are at your own risk. The aforementioned game revenue includes, but is not limited to: game membership rights and levels; all data related to the growth and upgrade of game characters (including but not limited to experience points, honor points, reputation points, title, etc.); unused online game virtual currency, virtual props and other virtual items (such as coupons, gold coins, diamonds, props and other items, etc.); value-added services that have been purchased but are not expired or used; other game revenues that have been generated but are not completely consumed or any future game revenues expected therein.

3. USER INFORMATION COLLECTION, USE AND PROTECTION

3.1 You agree and authorize Tongits +to collect your user information for the purposes of performing this Agreement, including your realname registration information, Game Data of your game account and other information you have provided during the use of Tongits + Service and the information collected by Tongits +for the sake of information security and user experience optimization, and so forth.

Tongits +will collect your user information pursuant to this Agreement and relevant laws and regulations.

The information collected would be stored in cloud server for 15 days, and the scope of use and purpose are as follows: • Personal information that you share with us. And you hereby consent to provide the following specific information for the purpose.

• your age or birthday;
• your first and last names;
• your e-mail address;
• a password;
• game username(s);
• details about the games you play;
• your game history;
• your login data;
• other information that helps us make sure it’s you accessing your account, information necessary for us to provide the support you request, or information you provide to help us improve our Service (such as answers to an online survey or a feedback form).

When you use our Service, you can choose to create a player profile that other Tongits +’s players can see. In your profile, you can include information like:

• a profile photo;
• game username(s);
• your gender;
• your age or age range;
• approximate location information;
• links to your profiles on various social networks;
• details about the games you play.

You can also provide us personal information directly in a number of other ways, including:

• in response to surveys or other research we conduct;
• to participate in contests and sweepstakes; 
• via social media;
• by participating in group communications or chats;
• at conferences, conventions, and other events. 

Personal information that we get from others.And you hereby consent to provide the following specific information for the purpose.

We may collect or receive information about you from other sources like third-party account, such as Facebook. We use this information along with information you provide us directly in a number of ways as described in this Privacy Notice.The information we receive depends on the third-party account, your privacy settings and, if applicable, your friends’ privacy settings on that third-party account.

We may collect and store some or all of the following information shared by the third-party account:

• your first and last name;
• your profile picture or its URL;
• your user ID number (like your Facebook ID number), which may be linked to other information like your name and profile photo, and your friends’ identifiers;
• the user ID number and other information of your friends, like their names and profile photos;
• the login e-mail you provided to the third-party account;
• nicknames;
• your log-in status, battle information/status, achievement information related in Tongits +;
• your physical location and that of the devices you use to access our Service;
• your gender;
• your birthday and/or age range;
• information about your activities on or through the third-party account;
• other information you have shared on the third-party account;
• If you access our Service from a third-party account or connect our Service to a third-party account, you should also read that thirdparty account’s Terms of Service and Privacy Notice.If you are unclear about what information a third-party application is sharing with us, please go to the third-party application to find out more about their privacy practices.

Cookies and automated information collection

our service providers and other parties may send cookies to your device when you access or view the Service. A cookie is a small data file that is transferred to your device for record-keeping purposes. Information contained in a cookie may be linked to personal data. We use cookies for purposes such as improving the quality of our Service, tailoring recommendations to interests, and making the Service easier to use.

We and our service providers may also employ other technologies including (i) web beacons, which allow us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow us or our advertising partners to advertise more efficiently and effectively by excluding our current players from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites; and (iii) local shared objects, also known as flash cookies, which help us to reduce fraud, remember your in-game preferences, and speed up load times.

We, our service providers, and other parties may collect the following information via cookies and other technologies:

• the type of device you are using;
• your device’s operating system and version;
• your mobile device’s identifiers, like your MAC Address, Identifier for Advertising (IDFA), and/or International Mobile Equipment Identity (IMEI);
• IP address;
• MAC address;
• application ID;
• network type.
• referring and exit pages and URLs;
• platform type;
• the number of clicks on a page or feature;
• domain names;
• landing pages;
• pages viewed and the order of those pages;
• the amount of time spent on particular pages;
• game state and the date and time of activity on our websites or games.

In some cases, we will connect this information with your social network ID or Tongits +’s user ID.

3.2 You fully understand and agree that, based on your user information, Tongits +or third parties in cooperation with Tongits Xmay provide you with various information about Tongits +’s activities, promotion information and other information through messages, phone calls, emails and other means. You can also choose to opt out of such information at any time if you want. And for this purpose, Tongits +may share your user information with third parties. But we guarantee that the shared user information will not contain any Sensitive Personal Information and Privileged Information.

The third-party cooperation herein refers entirely to commercial cooperation, and only includes cooperation with game agents, telecom service operators, advertising service providers, audio and video media service providers.

In addition, Tongits +will not share your user information with any other third parties for any other purpose

3.3 You fully understand and agree that, in order to provide better game services to you and to improve your gaming experience, Tongits Xmay collect the information such as unique identification, nicknames, avatars, friend relationships and other information that you authorized in your Facebook Account and other accounts recognized by Tongits X(Third-Party Account) that you used as game account , and your related operation information and gaming information in Tongits + (hereinafter referred to as the “Information”, including but not limited to your log-in status, battle information/status, and achievement information, and so forth), but the collection of this information will not include those classified as personal information and sensitive personal information under relevant laws and regulations, including but not limited to the Data Privacy Act of 2012 in the Philippines (“DPA”). and Tongits +will only collected and display the Information to yourself, your friends or other users with your prior consent, and you can modify your account settings at will at any time to turn off such collected and display.

You understand and agree that, if competent authorities require Tongits Xto assist in investigating your game account (including real-name identity information) and game-related data (such as recharge, consumption and transaction data) in accordance with laws, Tongits Xmay provide the aforementioned relevant information to the competent authorities.

3.4 You shall fully respect the personal information of others, including but not limited to, the personal information of other users that you obtain, receive or have access to through Tongits + and related services. You should not collect, copy, store, propagate, or in any other way use other users’ personal information, otherwise you will be responsible for any consequences arising therefrom.

3.5 Protecting user information and privacy is a basic principle of Tongits + . Unless otherwise provided in this Agreement, the collection, use and protection of user information in Tongits + Service shall comply with Tongits + Privacy Protection Guideline and other agreements. Except as otherwise provided by law, if you have agreed or authorized Tongits +to collect, use or process your personal information in accordance with the foregoing Agreement or regulations, Tongits +'s collection, use or processing of related personal information under your consent before your withdrawal of such consent will continue to be valid if you withdraw the consent or authorization.

4. Tongits + SERVICE

4.1 Subject to your compliance with this Agreement and relevant laws and regulations, Tongits +hereby grants you a personal, nontransferable and non-exclusive license to use Tongits + Service. You shall use Tongits + Service only for non-commercial purposes, including:

(1)    receiving, downloading, installing, starting, upgrading, logging in, displaying, running and/or screenshotting of Tongits +;

(2)    creating a game character, setting online name, viewing Game Rules, user profiles and game battle results, creating a game room, setting game parameters, purchasing or using game items, game equipment, game currency and so forth in Tongits +, and using chatting function as well as social sharing function; and

(3)    using one or several other functions supported and granted by Tongits +.

4.2 During your use of Tongits + Service, you shall not record, broadcast or share with others the content of Tongits + in any way without the permission of Tongits +, including but not limited to web-casting and broadcasting Tongits + through any third-party software.

4.3 In the event that Tongits + is provided in the form of software, you shall also comply with the provisions of Article 5 of this Agreement regarding software licenses when using Tongits + Service.

4.4 All other rights that are not expressly authorized in this clause or other clauses of this Agreement will be reserved by Tongits +. You must obtain Tongits +’s separate written approval before exercising these rights.

4.5 Upon your breach of this Agreement, Tongits +is entitled to take one or multiple punitive measures as listed in Section 2 of Article 6.5 of this Agreement and may publish the results, and (/or) Tongits +is also entitled to demand you to compensate all the losses suffered by Tongits + due to your violation.

4.6 You fully understand and agree that, Tongits +is entitled to reasonably judge the user’s violation of relevant laws and regulations or the provisions of this Agreement, take appropriate legal actions against any user who violates laws and regulations, and store and report the relevant information to the relevant departments in accordance with the laws and regulations and so forth. The user shall be solely responsible for all the legal consequences arising therefrom.

4.7 You fully understand and agree that, you shall be solely responsible for any claims, demands or losses claimed by any third party resulting from your violation of the provisions of this Agreement or other related terms of service; and you shall indemnify Tongits + for any loss arising therefrom, if any.

4.8 You fully understand and agree that, all game equipment, game currency, and other game items are part of Tongits + Service, and Tongits + hereby grants you the right to use them under this Agreement. Your purchase and use of the game equipment, game currency and other game items shall comply with the requirements of this Agreement and the specific rules concerning the game. Also, these game equipment, game currency and other game items may be expired subject to a certain valid period even if you have never used them within the valid period. Except for force majeure or other reasons attributable to Tongits +, they will automatically expire upon the end of valid period.

You fully understand and agree that to provide better Tongits + Service to users, Tongits +is entitled to make adjustments, updates or optimization to relevant content of the game (including but not limited to the art design, performance and related numerical settings of the game characters, game equipment and other game items).

4.9 You fully understand and agree that, to protect the security of your game account and create a fair, healthy and safe gaming environment, during your use of Tongits + Service, subject to the stipulation of relevant laws, Tongits +is entitled to have access to the random-access memory (“RAM”) of your terminal device and other relevant programs running in parallel with Tongits + through technical means. Upon discovery of any unauthorized or harmful program that hinders the normal operation of Tongits + Service, Tongits +is entitled to collect all the relevant information and take reasonable measures against such program. But during the whole process, Tongits + does not intent to and will not process or access any personal or sensitive information.

4.10 You fully understand and agree that, to ensure the gaming experience for you and other users, Tongits +is entitled to delete or clear some obsolete Game Data stored in Tongits + ’s game server. Such deletion of data or data clearance does not involve sharing information with any third party throughout the process

You fully understand and agree that, to create a fair, healthy and safe gaming environment, encourage users to fairly compete, and improve the gaming experience for you and other users, Tongits +establishes and implements the Tongits + Credit Score System. You agree to abide by the requirements of Tongits + Credit Score System and other rules issued by Tongits +in relation to the Tongits + Credit Score.

You fully understand and agree that, Tongits +is entitled to use your personal information produced during your uses of Tongits + services (including the Game Data under your game account, and other personal information provided to or collected by Tongits Xdue to the safety, user experience improvement and others concerns during your use of Tongits + Services) to calculate your game credit score.

You fully acknowledge and agree that, Tongits +is entitled to implement incentive mechanism and restriction measures in some or all Tongits +s and other products and services operated by Tongits +that you use based on your game credit score. The aforementioned incentive mechanism contains providing services adding rights and interests to you, including but not limited to incentive game rewards, game equipment trail opportunity, etc.; the afore-mentioned restriction measures include but not limited to restrictions on your game rewards, prohibitions to post and excluding from ranking list, etc.

4.11 In accordance with the relevant laws and regulations and this Agreement, Tongits + will take effective measures to protect the legitimate rights and interests of minors during their use of Tongits + Service, including possible measures to prohibit minors from engaging in inappropriate games or game functions, to limit minors’ gaming time, and to prevent minors from internet addiction. As part of the Game Rules, Tongits + will also publish Tongits + User Guidelines and warning instructions in a proper place, including the game content introductions, proper ways to use the game and ways to prevent harm. All minors shall read and follow these guidelines and instructions carefully under the guidance of the parent or legal guardians. Other players shall avoid publishing or generating any content that may harm the physical or mental health of minors during the use of Tongits + Service, so as to create a healthy gaming environment.

4.12 You acknowledge and agree that Tongits +is entitled to incorporate your game account into the corresponding anti- addiction system and take corresponding anti-addiction measures if one of the following situations occurs:

(1)   The system determines that you are under the age of 18; or

(2)   You log in under tourist mode; or

(3)   Situations where other relevant laws, regulations or policies require or Tongits +has reasonable grounds to believe that it needs to be included in the anti-addiction system.

In addition, in order to further prevent minors from impersonating the identity information of others, we may enable face recognition verification in some games or for some users, or obtain your game account information from a third-party platform, to identify and record your game behaviors based on the minor protection strategy, and then determine whether your game behaviors meet the characteristics of a minor’s game behaviors. If Tongits +s requires you to perform face recognition verification, but you fail to pass or reject, we will also incorporate your game account into the corresponding anti-addiction system and take corresponding anti-addiction measures.

Regarding the accounts that fall into the anti-addiction system, Tongits Xis entitled to take one or several of the following measures in accordance with the stipulations of the relevant laws, regulations and policies, the terms of other clauses of this Agreement, the operation strategy of Tongits +, or the reasonable requests of your parent or legal guardian:

(1)     providing your parent or legal guardian with related information about your game (including but not limited to log-in information of your game account, recharging and consumption information, and so forth), so that your legal guardian can be informed of your gaming situation timely or simultaneously;

(2)     limiting the consumption cap of your game account;

(3)     adopting technical measures to block certain games or certain functions of Tongits + or limiting the gaming time or duration for you;

(4)     canceling or deleting your game account, Game Data and other related information;

(5)     taking any other reasonable measures following the request of your parent or legal guardian or the reasonable discretion of Tongits Xto restrict or prohibit your use of Tongits +; and

(6)     relevant measures required by relevant laws, regulations or policies.

4.13 The provision of Tongits + Service by Tongits +is a commercial activity, for which the user is entitled, at his/her own discretion, to decide whether or not to pay associated fees to obtain the corresponding Tongits + Service, according to the list of charging item unilaterally issued by Tongits +(including but not limited to purchasing the right to use virtual items in the game as well as receiving other value-added services and so forth) and Tongits + ’s corresponding charging rates. You are unable to enjoy certain game services if you fail to pay the fees according to the relevant charging rates.

You acknowledge and agree that changes or adjustments to the charging items or charging rates are normal business activities and you shall not request Tongits + to indemnify or compensate you for any change or adjustment to the charging items or charging rates.

You acknowledge and agree that, if you use legal tender to recharge and make purchase in the game or to exchange for game virtual currency, virtual props and other virtual items or valueadded services, you are deemed to have purchased the game services, and the game virtual currency, virtual props and other virtual items or value-added services you purchased or exchanged will be non-refundable and will not be exchanged into legal tender again, unless otherwise prescribed by mandatory provisions in law.

4.14 In no event shall Tongits +be liable for any damage suffered by you as a result of force majeure during the use of Tongits + Service. Such force majeure events include but not limited to laws, regulations, policies of the state, orders from state organs, other governmental acts, or other unforeseeable, unavoidable and insurmountable events, including but not limited to earthquakes, floods, snowstorms, fires, tsunamis, typhoons, strikes, wars and so forth.

4.15 Tongits + may encounter game software bugs, version update flaws, third-party virus attacks, or any other factors, which may lead to the data abnormality of game characters, game items, game equipment, and game currency of your game account data or Game Data. Tongits +is entitled to temporarily freeze the game account before the cause of the abnormality is identified. If the Game Data abnormality is identified to be caused by abnormal game behavior, Tongits +is entitled to restore the Game Data of the game account to the original status before the abnormality occurs (including requesting a transfer back of the Game Data from a third party), under which circumstance Tongits +will not be responsible for any consequences arising therefrom. If the data abnormality is caused by your violation of laws or regulations or violation of the provisions of this Agreement, Tongits +is entitled to take one or more of the measures specified in Section 2 of Article 6.5 of this Agreement.

4.16 Tongits + does not grant you the right to obtain game accounts, game items, game equipment, game currency, and other game services from any third-party by purchasing, accepting gifts or other ways. Tongits + will not be responsible for any Third-party Transaction (Third-party Transaction refers to your behaviors to purchase, accept gifts or by other ways to obtain game accounts, game items, game equipment, game currency, and any other game service from a third-party ), and will not accept any complaint arising from the disputes of third-party transactions.

4.17 You fully understand that, there are objectively existing incompatibilities in different operating systems, and such objectively existing incompatibilities cannot be attributed to Tongits +, thus your recharging fees and game data in one operating system may not be smoothly transferred to another. You, rather than Tongits + shall be responsible for the loss of your recharging fee or game data caused by your switch of different operating systems.

4.18 You fully understand that, there may be mandatory battle zones or battle gameplay in Tongits +. If you do not agree to be assigned to such mandatory battle, you shall not enter these games or battle zones; and your entry will be deemed as agreement to the battle gameplay and acceptance of the consequences.

4.19 If the operation of Tongits + is terminated upon Tongits + ’s own discretion or for any other reasons, Tongits + will handle the termination of the game operation in accordance with the relevant laws and regulations issued by the country regarding termination of online games, so as to protect the legitimate rights and interests of the users.

5. SOFTWARE LICENSE

5.1 You may need to download and install relevant software to use Tongits + Service, and you can obtain the software directly from Spirejoy’s related websites or from third parties authorized by Tongits X. If you obtain Tongits + or a game with the same name as Tongits X’s game from a third party not authorized by Tongits +, you will be deemed to have not obtained license from Tongits +, and Tongits + will not guarantee the normal use of the game, nor compensate you for any damage caused thereby.

5.2 Tongits + may develop different versions of a software for different terminal devices or operating systems, including but not limited to different versions for Windows, iOS, Android, Windows Phone, Symbian, Blackberry, Nintendo Switch and so forth. You may choose to download the appropriate version for installation in the light of actual conditions, and after downloading the installation program, you should install the program by correctly following the instructions provided by the program.

5.3 If Tongits + is provided in the form of software, Tongits + grants you a personal, non-transferable and non-exclusive license to use the software. You may download, install, log in and use Tongits + software on a single terminal device only for non-commercial purposes.>

5.4 In order to provide more high-quality and safe service, Tongits + may recommend you to install other software during the game software installation process, you can choose to install them or not.

5.5 If you no longer need to use the software or to install a new version, you can uninstall on your own. If you are willing to help Tongits + to improve its product and service, please inform Tongits + of your uninstallation reason.

5.6 In order to ensure the security and functional consistency of Tongits X Service, Tongits +is entitled to update the software and to change or limit certain functional effects of the software.

5.7 After a new version of software is released, the older versions may become unusable. Tongits + cannot guarantee the continuous usability and the relevant client services of the older version software, please check and download the latest version regularly.

6. USERS’ CODE OF CONDUCT

6.1 You fully understand and agree that, you shall be responsible for all actions of your game account, including any content you post and the consequences arising therefrom.

6.2 Aside from using Tongits + Service pursuant to this Agreement, you shall not engage in any activity that infringes the intellectual property of Tongits + or engage in any activity that is harmful to the legitimate interests of Tongits +or other third parties.

6.3 You shall comply with the laws and regulations during the use of Tongits + or Tongits + Service. You shall not use Tongits + or Tongits + Service to engage in any illegal conducts, including but not limited to the followings:

(1)   opposing the fundamental principles determined by the Constitution;

(2)   jeopardizing the unity, sovereignty and territorial integrity of the state;

(3)   divulging state secrets, undermining state security or damaging the honor or interests of the state;

(4)   inciting hatred or discrimination among ethnic groups, undermining the solidarity among ethnic groups, or disrespecting ethnic customs and practices;

(5)   promoting heresy or superstition;

(6)   spreading rumor, creating social disorder or harming social stability;

(7)   advocating obscenity, pornography, gambling, violence, or abetting the commission of a crime;

(8)   insulting or defaming others or infringing any legitimate rights of others;

(9)   harming social morality;

(10)      containing any other content prohibited by any law, administrative rule or relevant regulation.

6.4 You understand and agree to the following rules:

• Tongits + online chess and card games are only for your entertainment activities. You shall not use Tongits +online chess and card games and related services to engage in any profit-making activities, nor shall you use Tongits +online chess and card games and related services to engage in gambling, operating gambling business or other illegal activities, nor shall you provide any convenience or conditions for other users to engage in the above-mentioned profit-making or illegal activities.
• Except as otherwise stipulated by relevant laws, regulations or policies, Tongits + does not provide any form of official repurchase, direct or disguised exchange of cash or physical objects, mutual gift, transfer and other services and related functions for the virtual currency, points and other virtual props in Tongits + 's online chess and card games. At the same time, you must not violate the relevant regulations of the state and Tongits + company to trade virtual currency, points or other virtual props in the game, offline or through other platforms in any way
• When you use Tongits +'s online chess and card games, Tongits + can limit the number of game coins, game points or other game virtual props consumed in each game account, and limit the daily recharge amount and game time of each game account according to relevant laws, regulations or policies. Tongits + has the right to formulate specific restrictions or limited standards of the game on the basis of meeting relevant regulations
• You are not allowed to engage in any illegal activities or infringe the legitimate rights and interests of Tongits + and other third parties, including but not limited to the following activities:

(1)   Carry out any behavior that destroys the stability and fairness of the game or affects the normal operation of the game, or destroys or affects the normal operation of Tongits +'s game service, including but not limited to;

1)     Illegal and (or) malicious registration and login of the game, including malicious batch registration of game accounts, as well as login of the game by destroying server authentication and malicious crowding service;

2)     Malicious implementation may lead to game server downtime, stuck, or other game players offline, delay and other abnormal game behaviors, such as using DDoS to attack game server or other players' network traffic, etc.;

3)     Taking advantage of game loopholes (including but not limited to swiping virtual currency, points or virtual props), destroying the game environment or causing adverse effects to other players;

4)     Negative games destroy the game experience of other users. Including but not limited to maliciously injuring or killing one's own teammates, maliciously forming a team, maliciously sending or reducing scores, passively hanging up, running away, deliberately giving the head, and other negative games, which destroy the user's game experience;

5)     The behavior of installing and using the third-party software that affects the balance of the game;

6)     Your game data performance is abnormal, affecting other behaviors of Tongits + fairness.

(2)   The same player (or the same IP, or the same physical address) registers or logs in multiple game accounts;

(3)   Cheating behaviors such as "double spring cheating" in the game, intentionally escaping after betting or in the game, resulting in losing game coins, game points or other virtual props to other players, unreasonably delaying the game or game time and affecting the fairness of the game, etc.;

(4)   The behavior of insinuating or pretending to be Tongits +'s internal staff or a special identity in some way in an attempt to obtain illegitimate interests or influence the rights and interests of other users;

(5)   Using illegal or improper words and characters in the game, including role naming;

(6)   All kinds of private service, plug-in behavior;

(7)   Spreading illegal speech or improper information;

(8)   Stealing other people's game accounts and game items;

(9)   Conduct game account trading, account sharing and other behaviors that affect account security;

(10) Recharge games in discount channels not authorized or recognized by Tongits +, or entrust a third party not authorized or recognized by Tongits + to recharge, or use a third party software not authorized or recognized by Tongits + to recharge.

(11) Other misconduct widely recognized in the industry;

(12) Other behaviors that violate laws and regulations, infringe the legitimate rights and interests of other users, interfere with the normal operation of the game or Tongits + does not explicitly authorize.

You know and agree that Tongits + has the right to judge whether you have used illegal plug-ins or not according to your game data and abnormal performance due to the concealment or disappearance of plug-ins after use.

6.5 Unless permitted by laws or written consent of Tongits +, you shall not engage in any of the following conducts:

(1)   deleting the copyright information on the game software or its copies;

(2)   reverse engineering, reverse assembling, reverse compiling of the game software, or any other attempts to obtain the software source code and other confidential contents, including but not limited to the game elements that are not yet voluntarily published by Tongits +as a public presentation, but have already been sealed in the game installation package;

(3)   scanning, exploring and testing the game software to detect, discover and identify the possible bug or vulnerability therein;

(4)   copying, modifying, adding, deleting, mount-running or creating any derivative work from the game software or the data released to the RAM of any terminal device during the running of the software, or the interactive data between the client terminal and the server terminal during the running of the software, or the system data necessary for the running of the software, in such ways including but not limited to using plug-in, cheating tool or unauthorized third-party tool/service to access the software and related systems;

(5)   modifying or forging any instructions and data during the running of the software, adding, deleting or changing the function or operation result of the software, or operating and propagating relevant software or method which can used to achieve the abovementioned function, no matter whether or not the above actions are conducted for commercial purpose;

(6)   using Tongits + and Tongits + Service through third-party software, plug-in, cheating tool or system that is not developed nor authorized by Tongits +, or creating, publishing and propagating third-party software, plug-in, cheating tool and system that is not developed nor authorized by Tongits +;

(7)   using, leasing, lending, copying, modifying, linking, forwarding, assembling, publishing, issuing or establishing mirror site of the content in the game which Tongits +owns intellectual property rights;

(8)   establishing mirror site related to Tongits +, or taking snapshot of relevant web page (web site), or providing service identical or similar to Tongits + Service by establishing server or alike;

(9)   isolating any part of Tongits + from its main body for separate use, or using Tongits + in other ways which breaches the provisions of this Agreement;

(10) using, modifying or covering the name, trademark and other intellectual property of Tongits +;

(11) any other conducts without Tongits +’s express authorization. 6.6 If you engage in any of the following conducts during your use of Tongits + Service, according to the stipulations of this Agreement and relevant Game Rules, Tongits +is entitled to take punitive measures as specified in Section 2 of this clause against you depending on the severity of the circumstance, and may publish the results:

(1)   implying or falsely claiming to be internal employees of Tongits Xor certain special identities in any way, in order to gain improper benefits or impact the rights and interests of other users;

(2)   using or uploading illegal or inappropriate word, character and other content in Tongits +, including using them as the name for game character;

(3)   undermining Tongits + or interrupting the normal operation of Tongits + Service in any way, including but not limited to:

1)     Illegal and/or malicious registration and game login behaviors, including but not limited to malicious batch registration of game accounts, and logging in the game by violating server authentication, malicious crowding, etc.

2)     Malicious behaviors that may cause the game server to be shut down, stalled, or cause other game players to drop off, delay and undergo other abnormal circumstances, such as using DDOS to conduct network traffic attacks on the game server or other players;

3)     Taking advantage of game bugs to make profit, damage the game environment, or adversely affect other players;

4)     Negative gaming activities that disrupt the gaming experience of other users. This includes, but is not limited to, maliciously harming or killing one’s teammates, malicious teaming, maliciously losing the game and reducing game credits, passively quitting the game, escaping, deliberately offering one’s death to the other side, and other negative activities that disrupt other users' gaming experience;

5)     Game Data being abnormal, and other actions that adversely affect the fairness of Tongits +s.

(4)   using any private server and cheating tool;

(5)   using game synchronizer (including but not limited to using a hardware synchronizer for keyboard, mouse, etc., so as to use a set of keyboard and mouse to simultaneously and synchronously control multiple computers to play the game), and using any other hardware that can result in abnormal performance on game efficiency or revenue data (including but not limited to "continuous clicking device", hereinafter collectively referred to as "Cheating Hardware");

(6)   spreading illegal or inappropriate information;

(7)   stealing other user’s game account and game item;

(8)   making transaction of game account, sharing account and conducting other activities that affect account safety;

(9)   without Tongits + ’s permission, making unauthorized transaction of game virtual currency, game equipment, game currency and other game item with other users, or obtaining game virtual currency, game equipment, game currency and other game items or game services from third parties by purchasing, accepting gifts, or otherwise;

(10) recharging games through discount channels that are not authorized or recognized by Tongits +, conducting transactions of discounted game item (such as buying discounted skins at low prices from non-official channels outside Tongits +), or entrusting a third party that is not authorized or recognized by Tongits + to recharge on their behalf, or recharging using third-party software that are not authorized or recognized by Tongits +.

(11)      breaching any term of this Agreement or violating any provisions of relevant laws or regulations; or

(12)      conducting any other misconduct that is widely recognized within the industry.

The measures specified in the preceding paragraph include but are not limited to:

(1)   a warning; and/or

(2)   block from posting, including but not limited to game-wide block, block in single-region, and block in public channel; and/or

(3)   content reset, including but not limited to resetting or forcibly modifying illegal nicknames, room names, pictures and other illegal information or content that you provide or upload; and/or

(4)   reducing or limiting your game's revenue, such game revenue including but not limited to the improvement of all the data related to the game's character growth and upgrade (such as experience value, honor value, reputation value, title, etc.) and the obtaining of game props, equipment, virtual currency and other virtual items; and/or

(5)   deleting or cancelling your game account, Game Data or other game related information; and / or

(6)   restricting or prohibiting you from entering certain scenes in the game or using game-specific features; and/or

(7)   forcing to quit the game (i.e. "kick from the game"), including but not limited to a forced withdrawal from the entire game, or a single battle in the game, or other game behavior you are working on; and / or

(8)   temporarily or permanently prohibiting your game account from logging in Tongits +s (hereinafter referred to as "the Account Block"); and/or

(9)   temporarily or permanently prohibiting the specific terminals (including but not limited to PC terminals, mobile terminals, etc.) involved in your violations of the law from logging into Tongits +s; and/or

(10)      suspending or terminating your use of Tongits +s and related services, or unilaterally notifying you of the termination of this Agreement; and / or

(11)      filing a corresponding civil action against your violation of laws and regulations, claim against you for your infringement, breach of contract or other civil liability, and claim you for compensation over the losses suffered by Tongits + from your violation of the law (including the direct economic losses, loss of reputation or goodwill suffered by Tongits +, and Tongits +’s payment of compensation, settlement fees, attorney fees, litigation costs and other indirect losses), or transferring to the relevant administrative authority for administrative punishment, or transferring to the judicial authorities for pursuing your criminal liability; and /or

(12)      other measures of Tongits + that are announced through game rules (including but not limited to user codes, player regulations, game announcements, tips and notices).

You acknowledge and agree that, due to the hidden and fastdisappearing nature of game synchronizer and other Cheat Hardware, Tongits +is entitled to decide whether you have conducted behaviors of using game synchronizer or other illegal Cheating Hardware based on your Game Data and abnormal performances.

6.7 You acknowledge and agree that, if Tongits +takes Account Banning measures against your game account pursuant to this Agreement, Tongits +is entitled to determine the duration of the ban based on the severity of your violation.

You acknowledge and agree that, (1) the game virtual currency, game equipment, game currency and other game item of your game account may be unusable during the period of Account Banning;

(2) if the aforementioned game virtual currency, game equipment, game currency and other game item is subject to certain valid period, the valid period may expire during the period of Account Banning, and thus you will not be able to use the expired game virtual currency, game equipment, game currency and other game item after the expiration of Account Banning period.

7. INTELLECTUAL PROPERTY

7.1 Tongits +owns all the intellectual property rights of Tongits +. All copyrights, trademarks, patents, trade secrets and other intellectual properties, along with other legitimate rights and interests of Tongits + (including but not limited to the overall Tongits + and all art, music, text, and other game elements and components included in Tongits +, and the continuous dynamic pictures presented when running Tongits +), as well as all information and contents related to Tongits + (including texts, images, audios, videos, graphics, interface designs, layout frameworks, related data or electronic documents, and so forth) are protected by relevant local laws and regulations and relevant international treaties. Tongits +owns the aforesaid intellectual property rights and legal rights, except for the rights enjoyed by the relevant right owners in accordance with the laws. Without prior written consent from Tongits +, you shall not use Tongits + (including but not limited to the overall Tongits + and all art, music, text, and other game elements and components included in Tongits +, and the continuous dynamic pictures presented when running Tongits X) in any way for commercial purpose or disseminate the content of Tongits + through information network.

7.2 If there is a platform function or service of Tongits +s that you can self-produce, create or upload related content by yourself (hereinafter referred to as "UGC Platform"), regarding the content you produce, create, upload or publish using the UGC platform (hereinafter referred to as "UGC Content"), you shall ensure that it is legal and does not infringe the legal rights and interests of others and shall comply with the relevant rules published by Tongits +on the UGC Platform (hereinafter referred to as "UGC Platform Rules "). You also agree that:

(1)   If the UGC content contains Tongits + content (including but not limited to the overall Tongits + and all art, music, text, and other game elements and components included in Tongits +, and the continuous dynamic pictures presented when running Tongits X) and/or other content in which Tongits +enjoys intellectual property rights, you shall obtain written consent from Tongits +for your commercial use of UGC Content, and comply with the corresponding UGC Platform Rules.

(2)   Regarding UGC Content, you agree to irrevocably authorize Tongits +to use the UGC Content in any way (the aforementioned "use" includes, but is not limited to, reproduce, distribute, rent, exhibit, perform, broadcast, modify, adapt, communicate through information network and use in other ways, including for both commercial and non-commercial purposes, within and outside the game, as well as within the UGC Platform and outside the UGC Platform; for the convenience of description, the aforementioned right to use is collectively referred to as "Right to Use"), and at the same time authorize Tongits + to re-delegate or sub-license the aforementioned Right to Use to third parties. You promise that such use by Tongits + will not infringe any third-party intellectual property rights and other legal rights.

(3)   For UGC Content, you can only display the UGC Content on Tongits +s and other platforms approved by Tongits +or use it in the certain ways approved by Spirejoy. You shall not disseminate or authorize a third party to disseminate such content on other platforms without Spirejoy's permission, and you shall not conduct or authorize a third party to conduct any publication, commercialization, secondary derivative use and other use activities. In case of any violation, Tongits + reserves the right to pursue legal actions against you.

(4)   For UGC Content, you irrevocably authorize Tongits + to take actions by itself or by entrusting a professional third party to defend rights against the violation of the legitimate rights and interests of UGC Content. Actions of protecting such rights includes, but are not limited to: monitoring infringements, sending letters claiming rights protection, filing lawsuits or arbitrations, mediation, settlement and others. Tongits +is entitled to make decisions on the matters of rights protection and implement them independently.

(5)   If pursuant to the Copyright Law and other laws, you enjoy the right of publication, right of authorship, right of alteration, right of integrity and other moral rights of copyright of the UGC Content, you agree that Tongits + can decide whether or not to affix your name according to the specific circumstance or scenario of use of the UGC Content. Also, you agree that you will not claim the right of publication, right of authorship, right of alteration, right of integrity and other moral rights against Tongits + due to Tongits X's use of UGC Content in accordance with this Agreement.

7.3 Notwithstanding any other stipulations in this Agreement, the ownership and intellectual property rights of the Game Data generated during your use of Tongits + Service is solely owned by Tongits +, and Tongits +is entitled to store and dispose of the Game Data. Among which, Spirejoy’s preservation period for the user’s purchase record of game virtual currency will be in compliance with the relevant law and regulations. Unless otherwise stipulated by state laws and regulations, the preservation period for other Game Data shall be solely determined by Tongits +.

7.4 Tongits + may involve third-party intellectual property rights, and if such third party holds any requirement on the intellectual property rights which you may use in Tongits + in pursuance of this Agreement, Tongits +will inform you of the said requirement in an appropriate manner and you shall comply with such requirement as well.

8. COMPLIANCE WITH LOCAL LAWS AND REGULATIONS

8.1 During your use of Tongits + Service, you shall abide by local laws and regulations and respect local ethics and customs. If your conduct is in violation of local laws, regulations or moral customs, you shall be solely responsible for the consequences arising therefrom.

8.2 You should avoid getting Tongits +involved in political and public incidents for your use of Tongits + Service. Otherwise, Tongits +is entitled to suspend or terminate the provision of services to you.

9. JURISDICTION AND APPLICABLE LAW

9.1 This Agreement is signed in [Hong Kong, China].

9.2 The conclusion, validity, performance and interpretation of this Agreement and resolution of disputes in connection herewith shall be governed by Hong Kong International Arbitration Centre (“HKIAC”). The governing law applies to the laws of the Philippines.(excluding the applicable conflict of law rules).

9.3 In the event of any dispute or controversy, the parties shall in the first place use their best efforts to settle such dispute or controversy through amicable negotiation. You agree that any dispute or controversy which cannot be settled by negotiation, shall be submitted and finally resolved by the people’s court at the place where this Agreement is entered into and has jurisdiction over such dispute or controversy.

9.4 The headings of all clauses in this Agreement are established merely for the ease of reading, which do not carry any substantive meanings and shall not be used as references for the interpretation of this Agreement.

9.5 If any clause of this Agreement is deemed invalid for any reason, the rest of the clauses shall survive and remain binding to both parties.

10. MISCELLANEOUS

10.1 Tongits +is entitled to amend the terms of this Agreement when Tongits +deems necessary, and you may find the up-to-date version of this Agreement on relevant webpage. By continuing to use Tongits + Service after the amendment of the terms of this Agreement, you will be deemed to have accepted the amended agreement.

10.2 Tongits +hereby reminds you to avoid inappropriate games, refuse piratical games; pay attention to self-protection, stay vigilant about fraud; play game moderately to relax your brain and refrain from addiction to games; arrange your time reasonably and enjoy a healthy life.

-END-

Updated on: [2023-10-01]

Became effective on: [2023-10-01]