Terms of Use
EFFECTIVE DATE: 29th
September 2025
Thanks for your
attention! This Terms of Use (the “Terms”) form a legally binding agreement
between you (“you” or “user”) and HK KURO GAMES LIMITED with all its affiliates
(“KURO GAMES”, “us” or “our”). The Terms applies to your access to or use of
the Game, mobile applications, software, websites, in-game online forums/bulletins,
player community and other Services and functions (collectively, “Services”) provided
by us and the third parties authorized by us.
Please read the
Terms carefully before downloading, installing, accessing and using the Services.
In particular, attention should be paid to the following items of significance:
(1)
Arbitration: the Terms contains a mutual agreement to arbitration and a waiver
of class action rights. Except for certain types of disputes mentioned in that
arbitration clause, you and us agree that disputes between us shall be resolved
by binding arbitration, and you and us waive any right to participate in a
class-action lawsuit or class-wide arbitration.
(2) Declaration
of Legal Competence: you hereby state that you are an adult reaching the legal adult
age of the country or region you are in. If you have not reached the legal
adult age, your parents or legal guardian must agree to the Terms.
(3) Minor and
Parental/Guardian Consent: in accordance with the applicable laws and
regulations of your jurisdiction, we have implemented an age verification mechanism.
You represent and warrant that the age information you provide prior to using
this Services is true, accurate, and complete. If you are under the legal age of
majority in your jurisdiction, you may only use the Services with the consent
of your parent or legal guardian. By using the Services, you further represent that
your parent or legal guardian has read, understood and agreed to be bound by
this Terms.
(4) Virtual Items:
if you click to “purchase”, “earn”, “accept” or “get as gifted” a Virtual Item,
you only obtain the license to access that Virtual Item. You have no proprietary
right of any Virtual Item that you unlock or acquire, and cannot dispose of the
Virtual Item to anyone else. The Virtual Item is of no monetary value and normally
serves specifically for a particular game or service. You cannot redeem any
kind of legal currency with the Virtual Items.
(5) User
Conduct Rules. You agree to abide by our user conduct rules when you access and
use our Services.
If you do not
agree with the Terms, do not download, install or use the Services. By clicking
the “Register” button (if applicable) or accessing or using our Services, or
downloading or releasing any content through our Services, you hereby acknowledge
and agree that you have read, understood and agreed to be subject to the binding
Terms, even if you have not yet registered a KURO GAMES account (as defined
below). Some Services may have different service-specific clauses (“Specific
Clauses”) and conditions, or may request you to agree to and accept such
additional Specific Clauses. In case of any conflict between the Terms and the
Specific Clauses, the Specific Clauses applicable to the specific service that
you use or access shall take precedence.
1. Account
(1) Age. To create a KURO
GAMES account (as defined below) and access some of our Services, you must be
at least the minimum age for personal data collection required by the laws in the
country or region you are in. If you are between the minimum age for personal
data collection required by the country or region you are in and the adult age,
your parents or legal guardian must read and accept the Terms on your behalf,
and your parents and legal guardian shall be responsible for the conduct of
their minor children while the latter use our Services.
Verified and
agreed by the parents or legal guardian, we may allow a minor below the minimum
age for personal data collection to register for certain Services. Permitted by
applicable laws, the parents or legal guardian may be requested to provide
additional documents or perform additional operations as part of the
verification and approval process. We
strongly recommend that parents and legal guardian use relevant functions such
as parent control on the device they provide for their children.
(2)
Create an
account. To access certain parts of the Services, you may need to create an
account (the “KURO GAMES account”). You can use an existing KURO GAMES account
you already have with us, or use your email address to create your KURO GAMES
account.
If you create
your KURO GAMES account using a third party account (e.g., your Facebook or Google
account), we may obtain certain Personal Information provided to us by that
third party, such as your email address and name, to help create your KURO
GAMES account. For more information about the use of a third party account, please
refer to our Privacy Policy. Please note that you may be able to access and use
the Services without creating a KURO GAMES account, but you may not be able to
access some parts of the Services, and, as for the Game service, your game data
may be deleted if you uninstall or delete the Game otherwise.
(3)
Update
your information timely. Please provide us with accurate, complete and
last-updated information related to the KURO GAMES account you use, and agree
to update this type of information to maintain this status. If not so, we may
set limit to, freeze or terminate your KURO GAMES account.
(4)
It is
forbidden to share or trade the KURO GAMES account. You must not sell, resell, rent, lease, share or offer
the access to your KURO GAMES account to anyone. You
agree that you will not disclose your KURO GAMES account password to anyone,
and will inform us immediately in case of any unauthorized use of your KURO
GAMES account. Any use of the Services through your KURO GAMES account shall be
deemed as your own use of the Services, and you shall bear all responsibilities
arising from such use. We shall not be liable for any losses resulting from
inadequate management of information or passwords related to your KURO GAMES
account, your negligence in use, or unauthorized use by any third party.. If
you believe that your KURO GAMES account is no longer safe, you must contact us
immediately via wutheringwaves_ensupport@kurogames.com. We reserve all
available legal rights and remedies to prevent unauthorized use of our
Services, and, in serious cases, to contact your internet service provider
(ISP) directly regarding such unauthorized use.
(5)
Fake
account is forbidden. You must not create a KURO GAMES account for others or in
a name other than yours
2. Ownership
Our Services are
under the protection of the copyright, trade mark and other laws of the
People’s Republic of China and those of the country or region you are in. We
and the relevant authorized party claim exclusive proprietary rights, all
intellectual property rights and all other interests of the Services, and exclusive
proprietary rights, all intellectual property rights and all other interests of
any and all data and content provided in and through the Services, including
without limitation all software, computer codes, tools, patches, updates,
images, text, graphics, illustrations, logos, photographs, audio, sound effect,
sound recording, videos, visual effect, music, music composition, user account,
characters, character name, character profile, objects, weapons, map, location,
location name, architecture, landscape design, story, storyline, theme, game
play, catch phrase, dialogue, chat log, recording and broadcasts of game,
matches, battles, in-game items, in-game activities, and all intellectual
property rights related thereto, including without limitation any patent,
copyright, trade mark, service mark, trade name, domain name right, moral
rights and business secret, and application right to all the aforementioned
rights (“KURO GAMES Content”). You must not delete, modify or conceal any
copyright, trade mark, service mark or other exclusive rights declaration
contained in or attached to our Services.
3. Limited License
(1)
Subject to
the Terms, you
are hereby granted a non-exclusive, personal, non-transferable,
non-sublicensable, revocable limited license to access and use the Services for
non-commercial use and solely in compliance with the Terms. We reserve all
rights not expressly granted in the Services. You
acknowledge and agree that we may terminate this license at any time based on
applicable laws or our business judgment.
(2)
Regarding
the policy in relation to fan works, please abide by our guideline for fan
works. Without our prior written consent, you must not use any of our brands,
service marks, trade names, domain names, slogans or commercial appearances.
(3)
Where our
Services may contain links to other websites and resources provided by third
parties, these links are provided for your information only. We have no control
over the content of those websites or resources. Such links should not be
interpreted as approval or endorsement by us of those linked websites or
information you may obtain from them.
(4)
Your use
of the KURO GAMES Content for any purpose not expressly permitted by the Terms
is strictly prohibited. KURO GAMES Content may
not be downloaded, copied, reproduced,
distributed, transferred, broadcast, displayed, sold, licensed or otherwise
exploited for any purpose whatsoever without our or, where applicable, our
licensors’ prior written consent. You cannot create
any work of authorship or proprietary right based on the Services (including KURO
GAMES Content). You shall only use the Services as expressly provided in the
Terms or Specific Clauses, or to the extent permitted by applicable laws. We
and our licensors reserve all rights not expressly granted.
4. Virtual Items
(1)
The Services
may offer you the opportunity to acquire Virtual Items, including without limitation
in-game currency (such as Lunite, Black Card, Rainbow Card, Cogs, etc.) and
in-game digital items such as character skin and characters. When you acquire
such Virtual Item by purchasing with real-world currency, you acknowledge and
agree that what you acquire or purchase is the limited license to such Virtual
Items. You
further acknowledge and agree that Virtual Items are of no monetary value and
cannot be redeemed for cash (including without limitation legal currency,
digital currency or other currency) or in-kind, and that Virtual Items must not
be used for investment purpose.
(2)
You
acknowledge and agree that Virtual Items are licensed to you rather than sold
to you (although such expression as “sale” may have been used in our marketing
or publicity activities). If you abide by the Terms, we may grant you limited license
and right to access and use the Virtual Items in accordance with the Terms, whether
the Virtual Items are acquired with a fee or otherwise. Any access to or use of the
Virtual Items not expressly authorized in the Terms is against the Terms and
may cause your account to be frozen or banned. Except for limited license
granted above, we reserve the proprietary rights, all intellectual property
rights and all other interests of the Virtual Items.
(3)
We reserve
the right to modify, manage, control or delete the Virtual Items (including the
pricing) at our discretion. You acknowledge and agree that your Virtual Items
may change as a result of our Service improvement or for some regulatory or law-related
reason. We may take action at any time which may affect the perceived value or
purchasing price (if applicable) of the Virtual Items, unless otherwise
required by applicable laws.
(4)
You agree
and acknowledge that due to the particularity of the game service, there is no
transaction involving physical goods in the game service, and the purchasing
experience comes from the license of digital functions in the online game
service that we provide as game developer and distributor.
5. User Content and User Feedback
(1)
User
Content refers to the text, data, graphics, images, photos, video or
audio-visual content, hypertext links and any other content that you upload,
transfer or submit in the Services or through our Services. You hereby grant us worldwide
irrevocable, permanent, non-exclusive, transferable and royalty-free license to
such User Content, as well as the right to sublicense, use, copy, adapt,
modify, distribute, sell, transfer, publicly display and perform, transmit and
distribute on the Internet, and broadcast such User Content or otherwise. We do
not claim any proprietary right to any such User Content, and
no content of these clauses should be deemed as limiting any of the right you
may have to use and utilize such User Content. To the maximum extent permitted by applicable laws in the
country or region you are in, you waive any moral right you may have over the User
Content in relation to the User Content that we use. If waiver of moral right
is not permitted by local laws, you grant us the right to use your User Content
and all elements of the User Content (whether or not it includes your name or nickname),
as well as to edit your User Content at our sole discretion. You acknowledge and
agree that you are fully responsible for all the
User Content that you provide in our Services or through our Services.
Therefore, you represent and warrant that you are the sole proprietor of all User
Content you provide in our Services or through our Services, or you have the
right to grant us the aforementioned rights; the User Content itself, and your act
of release, upload, publication, submission or transfer of User Content, as
well as our use of User Content in the aforementioned manner, will not
misappropriate, infringe or damage the lawful rights and interests of a third
party, such as the intellectual property, or breach any clause of the Terms, or
cause a violation of any applicable law or regulation.
(2)
If you
make any feedback or submit any idea, suggestion or material (“User Feedback”),
we have the right to use the User Feedback at our discretion, that is, you
grant us worldwide, permanent, irrevocable, sublicensable, transferable, non-exclusive
and royalty-free right and license to use, copy, distribute, adapt, modify,
translate and create derivative works based on User Feedback, and publicly
perform and display, digitally perform, make, sell, offer to sell the User Feedback,
and apply the User Feedback to the Game, including all copyright, trade mark, business
secret, patent, design and all other intellectual property rights and exclusive
rights related to them, in any existing or future media, for any purpose
(commercial or others), including providing them to others without offering any
compensation to you. As far as necessary, you agree that you commit to sign and
deliver any and all documents and to conduct any and all necessary acts to
ensure that the right to use your voluntarily provided ideas that you grant us
as described above is valid and executable. You waive these rights and agree
not to claim these rights to the maximum extent permitted by the laws in the
country or region you are in.
(3)
During
your access to and use of our Services, you may encounter User Content or User
Feedback that makes you feel offended or consider as improper. You are informed
of and acknowledge that we are not responsible for any failure to delete (or
delay to delete) any such content. You may contact our customer service via
wutheringwaves_ensupport@kurogames.com.
6. Test Server
(1) The
“Test Server” refers to the servers and game packages that we make available
within the Services for certain users to
experience, test, and provide feedback. Once you obtain test qualification, we
will provide you with the test game package and the Test Server account and
password.
(2) Please
note that the Test Server content is provided solely for the purpose of testing
and feedback collection. The Test Server may experience program instability or
data loss, and the Test Server content may differ from the content ultimately released
on the official server. Your progress on the Test Server will not be saved to
the official server.
(3) We
may, from time to time, maintain the Test Server and, as needed, delete some or
all data on the Test Server (including but not limited to levels, quest
progress, virtual items, and any related records and information in Test Server
account).
(4) You
acknowledge and understand that the nondisclosure agreement executed between
you and us for the test, the test arrangements, the test game build, the Test Server
account and password, product information during the test phase (including but
not limited to product features, gameplay, effects, design documents, version
content, storyline, scripts, characters, skills, numerical values, art, videos,
audio, UI, pricing policies, and all other product-related information), test
user information documents, reward-rule documents, Test Server benefit
information, gameplay introductions and guides, test questionnaire contents,
all communications (including phone calls and text messages) between you and us
undertaken for the test, all chat content of groups you are invited to join for
the test, your tester qualification, information regarding other participants
in the test, along with any other materials or information not publicly known,
or any other non-public or proprietary information, data, ideas, or concepts
all constitute confidential information. Such confidential information is
extremely important to us, and any disclosure would cause incalculable loss to
us.
(5) You
undertake to strictly comply with your confidentiality obligation. In case of
any breach, we are entitled, pursuant to this Agreement, the nondisclosure
agreement, and applicable laws and regulations, to hold you liable for breach
of contract, tort, or criminal liability, including without limitation punitive
liquidated damages, revocation of your test qualification, and termination of
all your KURO GAMES account(s) (including but not
limited to your KURO GAMES account(s) on the Test Server and the official server).
7. Payment and Refund Policy
(1) Certain content of the Services
may require you to pay. You agree to
provide accurate and complete payment information to us or other third party payment
service providers, and to pay all fees
and
applicable taxes incurred by your KURO GAMES account. We may change the price of any part of the Services at any time.
When you provide payment information to us or our authorized third party, you
confirm that you are the authorized user of the payment method designated by
you and that you authorize us to charge the full amount of the transaction fee
through this payment method.
(2) According to the
applicable laws or relevant app store policy, all the Services and Virtual Items
are still our properties and are of no monetary value, and cannot be redeemed. You
acknowledge and agree that any fee paid for obtaining a license containing the
Virtual Items is non-refundable and non-transferable, and you are not entitled
to a refund of any Virtual Item. Based on the Terms,
we may revoke your license of such Service or Virtual Item at any time without
notice to you, and we do not hold any responsibility for you. Your orders for
limited license to Virtual Items are offers for use of those Virtual Items, and
if accepted, those Virtual Items will be immediately downloaded to your KURO
GAMES account.
(3) Unless it is stipulated by
the law of the country or region you are in that the right of revocation cannot
be waived by contract, when you purchase and use any Service or Virtual Item,
you hereby waive the right of revocation of such purchase or use, and you agree
that you cannot obtain a refund (or any alternative remedy) in relation to the
Service or Virtual Item. In addition, you hereby
agree that the relevant right of revocation expires immediately after you
purchase or deliver the Service or Virtual Item, unless otherwise stipulated by
the law of the country or region you are in. This section does not affect your
legal rights.
(4) If, at the time of
purchase, you have not reached the legal adult age stipulated by the applicable
laws of the country or region you are in, you can make payment only with the
participation of your parents or legal guardian, and you warrant that your
parents or legal guardian have read, understood and agreed to these Terms.
(5) You
shall pay for all the network data charges that may arise from using our Services,
including without limitation network, text message and mobile data charges.
Before using the Services, you should know or inquire from your service
provider what charges may incur.
(6) If
you have any question about the refund policy, please contact our customer
service via wutheringwaves_ensupport@kurogames.com.
8. User Conduct Rules
(1)
You represent
and warrant that while accessing and using our Services, you shall abide by the
relevant laws, regulations and rules of the country or region you are in and
abide by the Terms, as well as the Conduct Rules released and modified by us on
the website, application program and the Game from time to time. You should be
responsible for your acts and expressions. We encourage you to enjoy the Services
provided by us in a wholesome and civilized way, and we strictly forbid any
improper or offensive behavior.
(2) You are prohibited from
participating in the following activities directly or indirectly during the use
of our Services:
a)
Any act or
activity against relevant laws, regulations or rules of the
country or region you are in;
b)
Unfriendly
acts such as vulgar expression, abusive word, harassment,
stalking, threat and spoof against us or others;
c)
Any form of
dishonest or fraudulent transaction behavior, including
but not limited to: (i) using top-up or payment methods that are not authorized
or permitted by us, or having top-ups performed on your behalf through any
third-party platforms without our permission; (ii) obtaining Virtual Item or
related Services (collectively, “Top-up Benefits”) through top-up transactions
and subsequently requesting a refund through channels other than those
officially designated by us, without returning or having the corresponding
Top-up Benefits deducted by us, and nevertheless retaining such Top-up Benefits
after the refund has been processed; (iii) exploiting bugs, errors, or vulnerabilities
in the transaction system to conduct false top-ups or to obtain a refund while
still retaining the Top-up Benefits; (iv) submitting refund requests based on
false or fabricated reasons, or making malicious complaints that interfere with
our normal operations; or (v) engaging in any other activity that disrupts the
normal transaction order or infringes upon our rights or the lawful rights and
interests of others;
d)
The act of
impersonating as us, our employees or any other
individual, enterprise or entity in any way;
e)
Use and
spreading of, or assistance in the dissemination of
unauthorized third-party programs such as cheating programs or other malicious
game programs on the game's official servers or Test Servers;
f)
The act of
avoiding, bypassing, deleting or disabling the technical
measures we take in game test packages and official packages in any form;
g)
The act of
using, disseminating or assisting in the dissemination of
any plug-in, Trojan program or virus of any type on the game's official servers
or Test Servers;
h)
The act of
disseminating information or material against the custom,
religious belief, habits or social ethics of the public;
i)
Any act of
violating or assisting in violating intellectual property
rights and other lawful rights and interests of others (including us),
including without limitation the deletion, modification or concealment of any
of our copyright, trade mark, patent or other exclusive right declaration
contained in the Services, unauthorized disclosure, publication, access, or
dissemination of our unreleased game content, or release contents violating the
patent, trade mark, business secret, copyright, personal rights or other rights
of others;
j)
The act of
disclosing, providing, disseminating or otherwise providing
any non-public information or false/fake information about us or others;
k)
The act of
sending junk email (spam) and repeated complaints, etc., that
disrupts normal order;
l)
The act of
inducing or encouraging others to violate the Terms;
m)
Any other
improper act or expression that we judge may damage our reputation
and interests.
(3)
If you breach the
Terms, we have the right, at our discretion,
to choose one or more methods from giving caution, suspending your access to
the Services, deducting the corresponding Top-up Benefits, terminating/freezing
your account, terminating your access to the Services and/or immediately
terminating the Terms, without notice to you. We
reserve the ultimate right to form judgment on your misconduct and take actions
accordingly. We reserve the right to mediate, resolve or otherwise intervene in
any dispute between you and other users, but we are under no obligation to do
so.
9. Applicable Law and Dispute
Resolution
(1)
Unless otherwise
specified, the Terms shall be
governed by the laws and regulations of Chinese mainland without regard to the
principle of conflict of laws. The United
Nations Convention on Contracts for the International Sale of Goods is
clearly excluded from the scope of application.
(2)
Dispute resolution
is costly and time-consuming for all parties. To shorten the time and reduce
the cost required for dispute resolution, you and us agree to try our best to
reach an agreed solution to the dispute or claim (collectively, the “Dispute”)
for compensation through negotiations.
(3) Binding arbitration: if both parties cannot resolve the Dispute through
negotiations, you
agree that any Dispute incurred by or in relation to this contract should be
submitted to China International Economic and Trade Arbitration Commission for
arbitration in accordance with its arbitration rules in force at the time of
application. The seat of the arbitration shall be in Beijing. The arbitration
award is final and binding on both parties. The arbitration fee and
compensation you should pay shall be borne by you.
(4)
You and us
agree that any arbitration shall be applicable only to the Dispute between you
and us. You
acknowledge and agree that (i) any arbitration will not involve any individual
other than you; (ii) you have no right to initiate or join in class-wide
arbitration or class dispute; and (iii) you have no right to authorize anyone
to initiate or join in a class-wide arbitration or class dispute on your
behalf.
(5)
You and us
agree that the following Disputes shall not be subject to the aforementioned negotiations
and binding arbitration clause: (i) any Dispute in relation to the protection
of our intellectual property rights; (ii) any Dispute in relation to theft,
pirate and the program not authorized by us, or the Dispute incurred by such;
(iii) application for repealing a court injunction. Such Dispute shall be under
the jurisdiction of the people’s court having jurisdiction at the seat of KURO
GAMES.
(6)
To avoid doubt,
for Disputes involving relevant data and technical aspects, you agree to take
the data stored in our server as the standard for judgment. We guarantee the authenticity
of these data.
10. Privacy Policy
For
information on how we may use your personal data when you use our Services,
please refer to our Privacy Policy. You acknowledge and agree to our Privacy
Policy, which also applies to your use of our Services. Our Privacy Policy can
be found directly on the Services or our official website, or where the Game is
made available for download, on your mobile device’s applicable app store. By
accepting these clauses or accessing the Services or the Game, you hereby
consent to our Privacy Policy.
11. Warranty Disclaimer
All our Services
are provided as original, without expressly or implicit warranty in any form.
Without limitation to the aforementioned regulations, we explicitly disclaim
any warranty of marketability, applicability for specific purposes, or
non-infringement, or any warranty resulting from the transaction. We do not warrant
that our Services will meet your requirements or be provided on an
uninterrupted, safe or error-free basis. We make no warranty as to the quality
of any product, Service and Virtual Item purchased or acquired through our Services
or the accuracy, timeliness, authenticity, completeness or reliability of any
content acquired through our Services. No advice or information (oral or
written) acquired from us or through our Services shall constitute any
warranty. We do not warrant that the Services, content, software, or any
features we provide will be free from errors, bugs, design flaws, or omissions,
nor do we guarantee that they will not be affected by viruses, malware, or
other harmful components. You acknowledge and agree that you use our Services
at your own risk and shall bear all risks and liabilities arising from such
use, including but not limited to any damage or loss resulting from computer
failures, viruses, data loss, system downtime, or other technical issues.
12. Indemnification and Limited
Liability
(1) To the extent permitted by
law, for any loss, injury or damage (whether due to breach of the Terms, by
mistake or for any other reason) suffered by you due to your downloading, use of
and/or access to the Services, our full liability to you is limited to the
total amount paid by you to us within six (6) months preceding the first
arbitration that you file. Despite any other provision in the Terms, we do not
exclude or limit in any way our liability to you where it would be unlawful to
do so.
(2) We provide the Services
only for the use by individuals. We are not liable for commercial loss (such as
any loss of profit, loss of business, interruption of business, loss of
business reputation or loss of business opportunity). Neither do we assume any
responsibility for any damage caused by your failure to install any of the
updates provided by us or to maintain the minimum system specifications
required. In addition, we shall not be liable for (i) any loss which is unforeseeable
at the time you enter into the Terms, and (ii) any indirect or consequential
loss.
13. Cheat Detection
The Services we provide
may contain the software or function to
detect cheat. Cheat means that in the Services (generally, “Game”), users
achieve or attempt to achieve an unfair competitive advantage by means of any
program, method, software or hardware. Please note that we may collect and
transfer detailed information about your KURO GAMES account, gamelogs and any
unauthorized program in accordance with our Privacy Policy. If you do not
agree that we use the cheat detection software or function, all the licenses
granted to you under the Terms will be automatically and immediately terminated,
and you should immediately stop accessing or using our Services. If we detect
any act of cheating, you agree that we may exercise our rights under the Terms.
14. Limitation and Termination
(1)
Without
limiting any other right of us, to the maximum extent under applicable laws,
in case the following occur, we may suspend, modify or terminate your
access to and use of the Services (including Game, Virtual Items, etc.) without
having to take any responsibility and without notice to you:
i.
You fail to abide by any
clause or condition of the Terms or any agreement or policy referred to in the
Terms;
ii.
The applicable third
party account owner terminates the third party account you use to log in to the
KURO GAMES account;
iii.
We stop providing Services
in the country or region you are in;
iv.
You fail to pay any fee
that you owe to us;
v.
Your KURO GAMES account
has been dormant for 3 years continuously;
vi.
We consider it necessary
to suspend, modify or terminate your access to or use of the Services.
Once
terminated, you will be unable to continue to exercise any of the rights
granted to you, and you should immediately stop using our Services.
(2) Once your KURO GAMES account is
terminated, you will lose access to
that account. The terminated KURO GAMES account cannot be restored. You understand and agree
that no matter for what reason your KURO GAMES account is terminated, the
license of the Virtual Items you enjoy through this KURO GAMES account will be
terminated, and you cannot continue to use it and cannot claim any right, and
even if the Virtual Items in this KURO GAMES account are not used or completely
consumed, you will not receive any compensation.
(3)
Even if the
Terms are terminated/expire, the obligations generated prior to the
termination/expiration shall still be performed by you. In addition, all our
rights and interests and the rights granted to us (if any) shall remain valid
and continue to be valid after the termination of the Terms.
(4)
If you
believe that our limitation on or termination of your KURO GAMES account is
unreasonable, please contact us for details at
wutheringwaves_ensupport@kurogames.com. We will conduct a review but we may
limit your account during the review.
15. Notice
To the maximum
extent permitted by applicable laws, we may send notice to you in one or more
of the following ways, including without limitation notice or announcement in
the game, page announcement on our official website, website prompt, mobile
phone text message, email or other contact information provided by you to us,
and the content of notice includes without limitation various rules, notices,
prompts, promotions or other information related to the use of our Services.
Once any notice
is sent by us in any of the aforementioned ways, it shall be deemed to have
been delivered to and be binding on you. If you do not agree, please inform us
in writing within 15 days after receiving the notice. Otherwise, it is regarded
that you have accepted and agreed to the notice.
16. Modification and Updates
(1)
We may
(but not necessarily) update the Terms whenever we consider it necessary.
According to the applicable laws, if we do so, the system will give a prompt
for you to agree to the updated Terms at your next access to the Services or
otherwise. You must agree with these updates to continue using the Services.
(2)
We may
provide a patch, update or upgrade to the Services, and you must install it to
continue using the Services. We may update the Services remotely without notice
to you, and you hereby agree that we shall apply such patch, update or upgrade.
If your device can block automatic updates, you may not be able to access the Services
unless you update the Services manually on the device. We can modify, suspend,
terminate, replace or limit your access to any aspect of the Services at any
time. You agree that we do not undertake any maintenance or support obligations
for the Services.
17. No Assignment
Without our
prior written consent, you must not transfer the rights and obligations under
the Terms by law or otherwise, and any attempt by you to transfer the rights
and obligations of the Terms will be null and void. Despite the title of this
section, we enjoy free and unlimited transfer of our rights and obligations
under the Terms. According to the aforementioned rules, the Terms shall be
binding on both parties, their successors and permitted assignees.
18. Force Majeure
We shall not be liable
for any delay or failure to perform an
obligation, including failure to fulfill the Terms due to circumstances unforeseeable
or for any reason beyond our control, such as hack attack, cyberattack, data
damage/loss (which we have taken reasonable measures to avoid), natural
disaster, war, terrorism, bomb threat, disturbance, embargo, act of civil or
military authorities, fire, flood, accident, strike or lack of transportation
facilities/fuel/energy/labor or materials, as well as any circumstance where
material changes in trade policies (including but not limited to new tariffs,
trade sanctions, or other government-imposed restrictions), government actions,
or policy changes that have a substantial impact on the cost, legality, or
feasibility of performing the Terms.
19. Miscellaneous
(1)
Entire
Agreement. The Terms and any other document or information referred to in the
Terms constitute the entire and exclusive agreement between you and us in relation
to the Services and replace any and all prior oral or written agreement between
you and us in relation to the Services.
(2)
Language.
The Terms are originally written in English, and any translation is for
reference only. To the maximum extent permitted by applicable laws, you waive
any right to edit or explain the Terms in any other language granted to you by
the laws of the country or region you are in.
(3)
Severability.
You may own
other legal rights under the laws of the country or region you are in. If it is
not permitted by the laws of the country or region you are in, the Terms will
not exclude the rights you own under the laws of the country or region you are
in. If some clauses of the Terms are considered by
a court or arbitration tribunal with jurisdiction to be inexecutable, these
clauses will only be executed to the maximum extent permitted by applicable
laws, and the remaining clauses of the Terms shall remain fully valid.
(4)
No Waiver.
Except for the content specified in the Terms, the action and non-action of you
and us will not incur any other right under the Terms. Our failure to exercise
any right or provision of the Terms will not be considered as a waiver of such
right or provision. Any such waiver of right or provision shall be effective
only if it is in writing and signed by an officially authorized representative
of us. Unless otherwise specified in the Terms, that either party exercises any
remedy under the Terms will not affect that party taking other remedies under
the Terms or in other ways.
(5)
Third-party
Rights. Individuals other than the parties of the Terms have no right to
exercise any of the clauses of the Terms.
20. Contact Us
If you have
any question about the clauses of the Terms, please contact us at wutheringwaves_ensupport@kurogames.com.