Terms of Service
Last Updated: May 1, 2023
Please read these SAWOTIN LIMITED, Ltd ("our", "we" or "us") Terms of Service (the "Terms") carefully because they govern your use of our website
https://www.sawotin.com(the "Site") and services accessible via our mobile applications (each an "App", collectively "Apps"). To make these Terms
easier to read, our Site and the Apps are collectively called the "Services."
1. Agreement to Terms
By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don't agree to these Terms and our Privacy Policy, do not
use the Services.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS
THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND
HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
2. Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or
through other communications via the Services. It's important that you review the Terms whenever we modify them because if you continue to use the
Services after we have posted modified Terms on the Site or via the Services, you are indicating to us that you agree to be bound by the modified
Terms. If you don't agree to be bound by the modified Terms, then you may not use the Site or the Services anymore. Because our Services are evolving
over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
3. Who May Use the Services
3.1. Eligibility – You may use the Services only if you are 16 years or older and are not barred from using the Services under applicable law.
If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these
Terms.
3.2. Registration and Your Information – It's important that you provide us with accurate, complete and up-to-date information for your account and you
agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your
account. You agree that you won't disclose your account password to anyone and you'll notify us immediately of any unauthorized use of your account.
You're responsible for all activities that occur under your account, whether or not you know about them.
4. Privacy Policy
Your computer and your mobile device. You understand that through your use of our Services you acknowledge the collection, use and sharing of this
information as described in our Privacy Policy. If you don't agree with the Privacy Policy, then you must stop using our Services.
5. Content and Content Rights
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and
information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any
Content that account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
5.1. Content Ownership, Responsibility and Removal
We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and
exploit your User Content. Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to the Services and
Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark,
and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying the Services or Content.
5.2. Rights in User Content Granted by You. By making any User Content available through Services you hereby grant to us a non-exclusive, transferable,
sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly
perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other account holders. You
are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are
necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor
your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the
Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the
violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
5.3. Rights in Content Granted by Us. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable,
non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and
solely for your personal and non-commercial purposes.
6. Rights and Terms for Apps
6.1. Rights in App Granted by Us. Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable,
non-sublicenseable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely
for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival
purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute,
transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the
functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to you under
these Terms.
7. General Prohibitions and Our Enforcement Rights
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark,
trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that
would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is
defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual
or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or
harmful activities or substances.
Use, display, mirror or frame the Services or any individual element within the Services, our name, any of our trademarks, logo or other proprietary
information, or the layout and design of any page or form contained on a page, without our express written consent;
Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or
any other third party (including another user) to protect the Services or Content;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device
or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other
generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or product name without our express written consent;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by
these Terms;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading,
flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we're not obligated to monitor access to or use of the Services or Content or to review, display or edit any Content, we have the right to do
so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We
reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if
we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of
these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the
law.
8. DMCA/Copyright Policy
SAWOTIN LIMITED respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances account holders
who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights have been infringed by acts of third parties
over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in the Services in a way
that may constitute copyright infringement, you may provide notice of your claim to us. For your notice to be effective, it must include the following
information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A description of the copyrighted work that you claim has been infringed upon;
(iii) A description of where the material that you claim is infringing is located within the Services;
(iv) Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an email address at which you
may be contacted;
(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
Our contact information is:
SAWOTIN LIMITED, Ltd.
Contact [email protected]
9. Payment Terms
9.1. In-App purchases
SAWOTIN LIMITED may license to you certain virtual goods to be used within the Apps and which you may purchase with real cash or which you may earn or
redeem via gameplay ("Virtual Items"). When you obtain such Virtual Items from SAWOTIN LIMITED or its authorized designee, you receive a limited,
personal, non-transferable, non-sublicensable and revocable license to use such Virtual Items within the applicable App and solely for non-commercial
use.
SAWOTIN LIMITED may manage, control, modify or eliminate Virtual Items at any time, with or without notice. Without limiting the foregoing, SAWOTIN
LIMITED reserves the right at any time to impose additional terms or conditions on your use of Virtual Items. Such additional terms and conditions will
be effective immediately and incorporated into this Agreement. Your continued use of the App will be deemed acceptance thereof. If we need to contact
you about your Virtual Items or your account, you consent to receive the notices by email. You acknowledge and agree that any such notices that we send
to you electronically will satisfy any legal communication requirements.
The transfer of Virtual Items is prohibited, except where expressly authorized in the Apps, if any.
Virtual Items have no monetary value and are not currency or property. Virtual Items do not have an equivalent value in real cash and do not act as a
substitute for real world money. Virtual Items cannot be sold, traded, transferred, or exchanged for cash. Virtual Items may only be redeemed for
certain gameplay entitlements that may be made available within the App from time to time. Neither SAWOTIN LIMITED nor any other person or entity has
any obligation to exchange Virtual Items for anything of value. SAWOTIN LIMITED has no liability for hacking or loss of your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
Unless otherwise required by law, all purchases and redemptions of Virtual Items made through the App or Services are final and non-refundable, and you
are not entitled to a refund for any unused Virtual Items. Once you redeem a Virtual Item for a gameplay entitlement within the App or Services, such
gameplay entitlement is not returnable, exchangeable, or refundable. You acknowledge and consent that the provision of Virtual Items for use in
connection with the App or Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance
has started.
Unless otherwise required by law, you agree that SAWOTIN LIMITED is not required to provide a refund for Virtual Items for any reason, and that you
will not receive money or other compensation for unused Virtual Items, whether your loss of license under this Agreement was voluntary or involuntary.
If you request your personal data to be erased as specified in SAWOTIN LIMITED's Privacy Policy, you will permanently and without a right to a refund
lose all of your Virtual Items as SAWOTIN LIMITED can no longer associate such Virtual Items with you.
EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT SAWOTIN LIMITED IS NOT REQUIRED TO PROVIDE A REFUND TO YOU FOR ANY REASON, AND THAT
YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR ANY UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT, YOUR ACCOUNT IS TERMINATED, OR WHEN YOU
CEASE TO USE THE APP OR SERVICES.
9.2. Subscriptions
Some of SAWOTIN LIMITED's Apps may offer subscription-based Services. If you purchase a subscription, then by clicking the purchase button you are
requesting that we begin supplying the subscription Services immediately and you are entering into a monthly subscription contract with SAWOTIN
LIMITED. You are also authorizing a charge to you on a recurring basis of a monthly subscription fee at the rate quoted at the time of purchase. By
purchasing a subscription, we will automatically charge on a recurring basis the payment method associated with your account. For subscription Services
purchased in a SAWOTIN LIMITED App played on a platform such as Apple or Google, the applicable platform will charge you for the subscription fee and
the platform's payment terms will apply. Please review the appropriate platform's payment terms for additional information.
Trial subscriptions are offered free of charge for a certain period of time from activation specified in the relevant trial offer in the App. If you do
not cancel the subscription within such trial period, the trial subscription will automatically convert into a paid subscription for the fees and for
the subscription period set out in the App at the time of the activation of the trial period. You may cancel a subscription during its free trial
period using the subscription setting of your account. Any paid subscription you activate begins immediately from the activation of such paid
subscription and not after the expiration of any trial period. Any unused trial period will therefore be forfeited if a subscription is activated prior
to the expiration of such trial period.
Your subscription will automatically renew each subscription period unless and until you terminate your subscription or we terminate it. You must
cancel your subscription before it renews, otherwise payment of the subscription fees for the next period will be taken automatically via your chosen
payment method. You are responsible for the timely payment of all fees and for providing SAWOTIN LIMITED with valid credit card or payment account
details for payment of all fees. In case the subscription fee cannot be taken from your account due to absence of monetary funds, invalidity of credit
card or for any other reason, your subscription will be automatically cancelled.
Subscription rates are based on an amount in U.S. Dollars. If you are using a local currency, the actual amount may fluctuate based on currency
exchange rates without notice to you. The charges will be applied to the payment instrument or method you provide when you start your subscription (or
to a different payment instrument or method, if you change your account information). Please note that prices and charges are subject to change. If we
make a change to the monthly subscription rate in U.S. Dollars, we will notify you of such change in advance.
Once you have purchased a subscription, you cannot cancel your subscription for the current subscription period as that is activated as soon as you
purchase a subscription. However, you may cancel your subscription for the next subscription period as follows: you can manage and cancel your
subscription at any time in your "Account Settings" of your device. For iOS subscriptions, please see Apple's support page https://support.apple.com/
en-gb/HT202039. For Google Play subscriptions, please see Google Play's support page https://support.google.com/googleplay/answer/7018481?hl=en-GB&
co=GENIE.Platform%3DAndroid.
Except where required by applicable law, paid subscription fees are non-refundable.
SAWOTIN LIMITED in its sole discretion and at any time may modify the subscription fee. Any subscription fee change will become effective at the end of
the then-current subscription period. You will be provided reasonable prior notice of any change in subscription fee. If you do not take action to
agree to the increase in subscription fee, your subscription shall expire at the end of the then-current subscription period.
10. Links to Third Party Websites or Resources
The Services and Apps may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for
the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole
responsibility for and assume all risk arising from, your use of any third-party websites or resources.
11. Apple
If you use the Services on an Apple device, then you agree and acknowledge that:
Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with maintenance and
support with respect to the Services;
You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Services or the Terms, including, but
not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal
conformance; and
Apple and Apple's subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be
deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Export Control. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or
restricted parties.
12. Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination,
discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive,
including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
13. Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF
TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no
warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
14. Indemnity
You will indemnify us and hold us harmless including our affiliated entities and their and its officers, directors, employee and agents, from and
against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and
accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your
violation of these Terms.
15. Limitation of Liability
NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE
COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR
TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU
HAVE PAID TO US FOR USE OF THE SERVICES OR CONTENT, OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
16. Time Limitation on Claims
You agree that any claim you may have arising out of or relating to your relationship with us must be filed within one year after such claim arose;
otherwise your claim is permanently barred.
17. Governing Law and Venue
These Terms and any action related thereto will be governed by the laws of China without regard to its choice of law or conflict of law principles.
Further, you and we agree to the jurisdiction of the courts in China to resolve any dispute, claim, or controversy that relates to or arises in
connection with the Services (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory
arbitration as set forth below.
18. Dispute Resolution
If you are having a problem with a Service, many issues can be resolved on one of our forums. You may find resolution by clicking on the "Support" link
on that App. Before bringing a formal legal case, first contact our support team via the App to address your issue. Most disputes can be resolved that
way.
19. General Terms
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services and Content, and these Terms
supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services and Content. If for any
reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum
extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or
transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing,
these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via
email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right
or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the
exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
20. Contact Information
If you have any questions about these Terms or the Services, please contact us at contact [email protected]