TERMS OF SERVICE

TERMS OF SERVICE

Effective Date: 2024.12.1

The Terms of Service (the Agreement) is a legally binding contract between you (the User or Player) and Sunborn and its affiliates. This Agreement governs your use of or access to products, content and services offered by Sunborn and its affiliates, such as game software and related updates, upgrades and features, and all online and mobile services, platforms, websites, and live events hosted by or associated with Sunborn (collectively "Services"), whether as a guest or a registered user.

PLEASE READ THIS TERMS OF SERVICE CAREFULLY, INCLUDING OUR PRIVACY POLICY, PARTICULARLY THE PROVISIONS RELATED TO THE WAIVER OR RESTRICTION OF SUNBORN’S LIABILITY, LIMITATIONS ON YOUR RIGHTS, GOVERNING LAW, AND DISPUTE RESOLUTION, ETC. THESE PROVISIONS ARE TYPICALLY HIGHLIGHTED IN BOLD, OR THROUGH OTHER REASONABLE MEANS TO DRAW YOUR ATTENTION. YOUR CONFIRMATION OF THESE PROVISIONS MAY RESULT IN PASSIVITY, INCONVENIENCE, AND LOSS IN SPECIFIC SITUATIONS. YOU SHALL NOT THEREAFTER RAISE ANY OBJECTIONS FOR NOT HAVING READ/AGREED TO THE CONTENTS OF THIS AGREEMENT OR SIMILAR GROUNDS.

YOU REPRESENT THAT YOU ARE AN ADULT IN YOUR COUNTRY OF RESIDENCE (OR AT OTHER AGE IN YOUR JURISDICTION WHERE YOU ARE CLASSIFIED AS A MAJORITY) WHEN USING THE SUNBORN SERVICES.

BY USING SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SERVICES.

Please note that the software of Sunborn Services may include Cheat Detection software or features. "Cheat Detection" refers to any functionality designed to identify or prevent the use of Cheats within the Sunborn Services. "Cheats" include, but are not limited to, programs, methods, processes, software, or hardware, in any form, that may provide users with an unfair competitive advantage or alter the intended functionality of the Sunborn Services.

If you do not agree to install the Cheat Detection software, or if you disable or attempt to remove the Cheat Detection features, either alone or in combination with the Sunborn Services, the license granted to you under this Agreement will automatically terminate. In such a case, you must immediately cease accessing or using any of the Sunborn Services.

Please be aware that the Sunborn Services, including any Cheat Detection features, may collect and transmit data about your account, gameplay, and any unauthorized programs or processes that may be detected. This data collection and transmission will be governed by our Privacy Policy.

1. ACCOUNT

You can access to Sunborn Services as a guest. However, even you are a guest, to ensure your full experience with Sunborn Services, we will automatically generate a guest account for you to use or access to Sunborn Services, the use of which is limited to the specific device, without the ability to migrate any record to another device.

You need to create or have a Sunborn Account ("Account") in order to use certain Sunborn Services.

To create an Account, you will be required to register as a User and accept the Sunborn Account Terms of Service. If you do not accept those terms, you will not be able to create an Account.

You may establish an Account only if you are a natural person and an adult in your country of residence and you are not an individual specifically prohibited by us from using the Sunborn Services.

If you use a Sunborn Account obtained by binding a third-party account as the game account to access Sunborn Games, you must also adhere to the agreements and rules of such third-party accounts. If your unavailability of the Sunborn Game Services is caused by a third-party account (including but not limited to theft or blocking of the account, etc.), you should contact the third-party to resolve the issue independently.

When registering as a user ("User" or "Registered User") you must select a unique username (or probably known as a "nickname" when registering as a user) and password and provide certain other requested information.

You agree that you will:

1) provide accurate, up-to-date and complete information about you whenever prompted or permitted by any site registration process ("Personal Data"); and

2) maintain and promptly update your Personal Data and keep your Personal Data accurate, up-to-date and complete.

You cannot use a username, which is already allocated to another User. You understand that, due to the technical delay of Sunborn accessing the submitted username from different service areas, Sunborn may ask you to change the username when you log in with your newly registered Account. This is to avoid the conflict of same username if Sunborn finds that your username has been allocated to another User from another service area.

In addition, the precondition to use the Services is that you do not choose a username which is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. Besides, while any registration process that we adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter. Also, we reserve the right to terminate your usership or Account and have the right to require your re-registration with a new acceptable username if, in our discretion, we consider that your username (or its use) is offensive or otherwise breaches the user terms in any way.

If you have not registered to your account long enough that can be deemed as a non-active user, we will send you notifications to remind you of us. If, 6 months after sending the notifications, we still do not hear from you, we will delete your account for the purpose of the compliance with the applicable data protection laws.

You agree to provide accurate and complete registration information, and you are not required to create an Account name that reflects your real name or other personal data.

You shall be responsible for keeping your Account secure and confidential (including but not limited to usernames, passwords or other related Account information). Also, you acknowledge that you shall be responsible for any and all behaviors performed and identified on or through your Account, whether or not authorized by you.

Account is unique as well as important to each user. You shall neither transfer or otherwise make your Account information available to third parties, nor use other user(s)’ Account(s) at any time. If you sell your Account or other related information, Sunborn reserves the right to take actions, including but not limited to terminate your Account immediately without any refund.

You are responsible for maintaining the confidentiality of your Account information and if any third parties use your Account or otherwise access to your Account, you may not claim compensation from Sunborn. Besides, in the event of theft, unauthorized use or any other security breach pertaining to your Account, you may notify Sunborn immediately.

We may terminate your usership or Account at any time for any reason without any further formality if we have reason to believe that you have failed to comply with any of the terms between Sunborn and you. Besides, you will not be permitted to re-register as a User without our express permission. If you decide to terminate your usership or Account, please contact our support service and we may terminate it as soon as reasonably practical after receiving your termination request.

2. LICENSE

Using Sunborn Services may require downloading and installing relevant software. You can obtain the software directly from the official website of Sunborn Games or from a third party authorized by Sunborn. If you obtain Sunborn Games or a game with the same name as Sunborn Games from any third party not authorized by Sunborn, you will not be deemed to have received authorization from Sunborn. Sunborn cannot guarantee that the game can be used normally and will not be responsible for any loss caused to you as a result.

Sunborn may have developed various software versions for different terminal devices or operating systems, such as iOS, Android, and others. Please download the appropriate version based on your specific situation. After downloading the installation program, follow the prompted steps for correct installation.

The Sunborn Services are licensed to you, not sold. Sunborn grants you a personal, limited, non-transferable (i.e., not for sharing), revocable and non-exclusive license to use the Sunborn Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any Sunborn Service, Content or Entitlements, unless expressly authorized by Sunborn or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Sunborn Services, unless expressly authorized by Sunborn or permitted by law. Sunborn or its licensors own and reserve all other rights, including all right, title and interest in the Sunborn Services and associated intellectual property rights.

3. GAME SERVICE

We do not guarantee that any Sunborn Service, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Sunborn Service, Content or Entitlements for any particular length of time. Sunborn does not guarantee that Sunborn Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.

From time to time, Sunborn may update or modify an Sunborn Services, Content or Entitlements, and/or you may lose access to certain Content or Entitlements without notice if, at our discretion, we must remove such Content or Entitlements from the Sunborn Services, for legal, contractual and licensing obligations, technical limitations, or if the Content or Entitlements could harm Sunborn’s reputation. Updates and modifications may be required in order to continue to use Sunborn Services.

Sunborn may need to update, or reset certain parameters to balance game play and usage of Sunborn Services. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control.

Sunborn may also take actions on your Sunborn Account and Entitlements without notice to you to protect you or Sunborn, such as preventing unauthorized access, resetting Sunborn Account passwords, suspending Sunborn Account access, deleting data or removing Sunborn Accounts from Sunborn Services. Your availability to Sunborn Services may also be affected in response to actual or suspected Rules of Conduct violations, as further described in Section 4.

4. Rules of Conduct

You acknowledge and confirm that you may not, either directly or indirectly, do or attempt to do any of the following actions with respect to any or all of the Sunborn Services:

1) Post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;

2) Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;

3) Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests (including the rights of privacy, publicity or trade secret) of Sunborn or third parties;

4) Develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage;

5) Exploit, distribute or publicly inform third parties of any game error, miscue or bug, regardless of an intended advantage or not;

6) Sell, lease, rent, license, sublicense or otherwise use whole or part of Sunborn Services and related contents, information, element for a commercial purpose;

7) Copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works based on any of the Sunborn Services;

8) Use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the Sunborn Services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files or other unauthorized programs;

9) Use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or

10) Allow or assist any third parties to do any of the above.

You further confirm that you will respect local customs or practices and the use of the Sunborn Services shall obey any applicable laws or local regulations. You shall immediately stop using or accessing the Sunborn Services when local laws or local regulations so require.

Except as expressly authorized under this Agreement, you may not copy the Sunborn Services in whole or in part or any accompanying materials therein. As the Sunborn Services contain our proprietary information, you agree: (a) to hold in the strictest confidence all code and any technical elements of the Sunborn Services, (b) not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose or otherwise transfer any of our un-public information, and/or (c) subject to all applicable law (including US Copyright Law and DMCA), not to make use of the Sunborn Services except for your individual enjoyment and non-commercial purpose.

Except expressly authorized herein, any use of the Sunborn Services in whole or in part, without our prior written consent, is strictly prohibited and the license granted herein will be terminated. Sunborn expressly reserves the right to deny anyone access to the Sunborn Services at any time for any reason without prior notice. You further agree that Sunborn, without any liability, shall be entitled to suspend or terminate the provision of any of the Sunborn Services or change the provided content at any time for any reason without prior notice.

We reserve the right, but are not obligated, to attention or be involved in disputes between users. While we may choose to attention and take action upon inappropriate game play, chat or links in or to the Sunborn Services, you are solely responsible for any interactions with other users. By using the Sunborn Services, you acknowledge and accept that at any time there may be language or material, accessible on or through the Sunborn Services that may be inappropriate, in particular for children or otherwise offensive to some users of any age, race, religion, gender. You agree that under no circumstances shall Sunborn be liable for any such inappropriate user behavior or language. Sunborn reserves the right to suspend or terminate your access to the Sunborn Services and/or take other actions at the same time.

You further agree that Sunborn may not be liable for the behavior of any other users or third parties, including but not limited to any third-party websites or services linked on or through the Sunborn Services.

5. Protection of Personal Data

All the information collected from you is subject to applicable laws and Sunborn shall try its best efforts to protect your provided information. Please pay attention that this Agreement may be updated by us from time to time and your continued use of the Sunborn Services shall constitute your acceptance to the newly updated Agreement. Please see our Privacy Policy for more information regarding to the processing of your Personal Data, and your applicable data protection rights.

6. Minors

1) You acknowledge that the BELOW STATEMENT would change at any time if any protection of Minors policy in your country/region undergoes changes.

2) You represent that you are an adult in your country of residence (or at other age in your jurisdiction where you are classified as a majority) when using the Sunborn Services.

3) WE ARE UNABLE TO IDENTIFY A MINOR IN A COUNTRY/REGION. THEREFORE, WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR THE USE OF SUNBORN SERVICES IF A MINOR IN A COUNTRY/REGION NEVERTHELESS USE SUNBORN SERVICES.

7. In-Game Currency and Goods

The Sunborn Services may include an opportunity for you to purchase virtual, in-game currency ("Virtual Currency") with real money. The Sunborn Services may also include the purchase of virtual, in-game digital items ("Virtual Goods") with real money or Virtual Currency. You acknowledge that Virtual Currency and Virtual Goods shall never be redeemed for real money or any item with monetary value. You understand that both Virtual Currency and Virtual Goods are licensed, not sold, to you under this Agreement and Sunborn reserves and retains all right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.

Your purchase of Virtual Currency and/or Virtual Goods is non-exchangeable and non-transferable, except otherwise granted by laws of your country. Except inside the Sunborn Game(s), you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods, which is a violation of this Agreement and will result in a termination of your Account with the reserve of Sunborn’s rights to continue claiming for compensation.

Sunborn reserves the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You acknowledge and agree that Sunborn may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.

When you provide payment information to Sunborn or its authorized processor, you represent that you are an authorized user of any payment method specified by you, and you authorize Sunborn to charge such payment method for the full amount of the purchase transaction.

You agree and consent that due to the special nature of online game services, there is no physical goods transaction, and your purchasing experience comes from online game services provided by the game manufacturer. Therefore, refund is not applicable unless the Game operation is terminated.

8. Refunds Policy

Subject to applicable law, (i) all Games, Virtual Goods and Game Currency remain our property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless they are defective, unavailable, or do not perform in accordance with the specifications we provide; (ii) we may revoke your license to such Games, Virtual Goods and/or Game Currency at any time consistent with this AGREEMENT without notice or liability to you; and (iii) except where the law in your jurisdiction provides a right of withdrawal that cannot be waived by contract, by purchasing and using any Games, Virtual Goods and/or Game Currency, you hereby waive your right to withdraw from your agreement to purchase the applicable Game, Virtual and/or Game Currency, and you agree that you will therefore not be eligible to receive a refund (or any alternative remedy) in relation to such Game, Virtual Good and/or Game Currency. Additionally, you hereby agree that any withdrawal right expires immediately upon purchase and delivery of your Game, Virtual Good and/or Game Currency, unless the law in your jurisdiction provides otherwise.

9. UGC

For the content you produce, create, upload, or publish when using the products and services provided by Sunborn (hereinafter referred to as “UGC Content,” including but not limited to text, pictures, audio, video, graphics, page design, software programs, or codes, etc.), you should ensure that you comply with Sunborn’s relevant rules for publishing UGC content (hereinafter referred to as the UGC Content Rules):

1) If UGC Content includes content in which Sunborn holds intellectual property rights or other legitimate rights and interests, your use of UGC Content for commercial purposes shall be subject to the written authorization and consent of Sunborn and comply with the corresponding UGC Platform Rules.

2) With respect to UGC Content, you grant us a perpetual, irrevocable, worldwide, free, transferable, sublicensable right to use UGC Content (such use includes but not limited to copying, distributing, leasing, display, performance, broadcasting, modification, adaptation, information network dissemination, and other uses, including use for commercial and non-commercial purposes, within and outside the games and services). You acknowledge and guarantee that such use by Sunborn, based on such agreements, will not infringe on the intellectual property rights and other legitimate rights and interests of any third party.

3) You may only display the UGC Content on platforms approved by us or use the UGC Content in ways approved by Sunborn. Without the permission of Sunborn, you shall not or authorize any third party to distribute it on other platforms or use it for compilation, publication, derivation adaptation, or other use for commercial purposes, nor shall you authorize a third party to do so.

4) You confirm and agree that you irrevocably grant us and our affiliates the right to defend against any infringement by a third party of the legitimate rights and interests of UGC Content in its own name or by appointing a professional third party (the forms of defense include but are not limited to monitoring the infringement, sending a letter of rights protection, filing a lawsuit or arbitration, mediation, and reconciliation, etc.). We have the right to make decisions and independently implement legal rights protection.

5) According to the law, you enjoy the moral rights in UGC Content (such as publication, authorship, modification, and protection of the integrity of works). You confirm and agree that Sunborn may decide whether to sign your name and the way to sign your name according to the situation of the usage scenario of UGC, and you will not claim the said rights against Sunborn for the use of UGC Content by Sunborn and its affiliates as agreed herein.

6) You shall ensure that the UGC Content produced, created, uploaded, or published when using the products and services provided by Sunborn is originally created by you or has been legally and effectively licensed, and that the intellectual property rights of such content are owned by you or your licensors, and that you have the right to license the UGC Content to us and our affiliates. You confirm that your production, creation, uploading, or publication of UGC Content and our use of such UGC Content will not infringe the intellectual property rights or any other legal rights and interests (such as portrait rights, privacy rights, etc.) of others, nor will it violate any existing laws, regulations, administrative rules, or other prohibitions, as well as regional values and customs, or undermine public order.

10. Intellectual Property Rights

1) Sunborn shall own all rights, titles and interests (including but not limited to the ownership, intellectual property rights, neighboring rights and other rights and interests) in and to the Sunborn Services under this Agreement. You acknowledge that your use of the Sunborn Services does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to (if any) any in-game rewards, achievements, characters, Virtual Currency, levels and other content. You further acknowledge that any character data, game progress, game customization and/or other data pertaining to your use of the Sunborn Services may cease to be available to you at any time without prior notice in the sole discretion of Sunborn.

2) Any or all of the Sunborn Services (including trade secrets, database rights, copyright, patent, trademark and other intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). To be specific, any materials that are part of the Sunborn Services (including but not limited to any content, websites, games, programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, themes, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained in the Sunborn Services) are protected by applicable laws from unauthorized use.

3) You agree that any or all of the Sunborn Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Sunborn’s express prior written permission. Any use of our copyrighted materials, including but not limited to make derivative works, requires the express prior written consent of Sunborn. Please note any unauthorized reproduction or redistribution of the Sunborn Services shall be prohibited and may result in severe legal penalties.

4) Sunborn remains the sole owner of rights, titles and interests (including intellectual property rights, neighboring rights and other rights and interests) in and to the Sunborn Services. You acknowledge and agree that you may not have any right or interest as a result of using the Sunborn Services, except explicitly granted to you under this Agreement.

11. Indemnification

You agree to defend, indemnify and hold Sunborn and/or its affiliates, employees, officers, managers, directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:

1) your access or use of the Sunborn Services;

2) your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under this Agreement;

3) any materials, User Contributions, User Content or other information provided by you or on your behalf;

4) your violation of any applicable laws or third-parties’ rights and interests; and/or

5) your other illegal or inappropriate behavior.

12. Injunctive Relief

Without prejudice to any other rights or remedies that Sunborn may have, you acknowledge and agree that in the event of any threat to or actual breach of this Agreement, Sunborn shall, without proof of special damage, be entitled to seek an injunction or other equitable remedy in addition to any damages or other remedies to which Sunborn may be entitled, to the extent permitted by applicable law. You agree that, to the extent permitted by applicable law, you waive your right to claim injunctive or other equitable relief and further agree to claim only monetary damages from Sunborn, except where such waiver is prohibited by mandatory applicable law in your jurisdiction.

13. Limitation of Liability

1) You agree that your use of the Sunborn Services shall be at your own risk. Sunborn provides the Sunborn Game(s) and/or the Sunborn Services on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable laws, Sunborn and/or its affiliates, employees, officers, managers, directors, agents, disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of tort, contract or otherwise, and regardless of whether Sunborn has been advised of the possibility of such liabilities.

2) SUNBORN HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES AND REPRESENTATIONS, EITHER EXPRESS, IMPLIED, ORAL OR WRITTEN, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Sunborn makes no warranties about the accuracy or completeness of the Sunborn Services. Sunborn assumes no liability or responsibility for: (i) any errors, mistakes, or inaccuracies of the Sunborn Services; (ii) personal injury, property damage, lost profits, loss of data or any indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of the Sunborn Services, except where such liability cannot be excluded under applicable law; (iii) any interruption, suspension or termination of the Sunborn Services; (iv) any bugs, viruses or similar links transmitted by third parties on or through the Sunborn Services; (v) any programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of you; and/or (vi) any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.

3) In no event shall Sunborn be liable to you or third parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if Sunborn has been advised of the likelihood of such damages occurring.

4) Sunborn has no control over third-party sites which you may have access, including those sites which are linked to our websites. Therefore, Sunborn is not responsible for the content or function of any other websites and disclaims any liability for any aspects of such third-party websites via your direct access or through our websites or software functionality. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.

5) THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF SUNBORN AND OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES, WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE (3) MONTHS PRIOR TO YOU MAKING A CLAIM AGAINST SUNBORN. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.

14. Limitation on Claims

To the maximum extent permitted by applicable laws, any claim arising from or in connection with this Agreement and/or the Sunborn Services, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.

15. Modification

Sunborn reserves the right to amend, modify or revise this Agreement at any time in any way without prior notice and you agree to check periodically for new information and terms that govern your use of the Sunborn Services and you agree to be bound by all amendments, modifications and revisions. Your continued access to Sunborn Services will constitute your acceptance to the newly updated Agreement and any agreements or policies therein. If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of the Sunborn Services, your license under this Agreement shall immediately terminate and you may immediately stop accessing the Sunborn Services.

16. Non-waiver

No failure or delay on the part of Sunborn in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.

17. Notice

To the maximum extent permitted by applicable laws, Sunborn may send notices (including but not limited to various rules, notifications, prompts, or other information pertaining to the use of the Sunborn Services) to the users through one or more of the following, including but not limited to notice or announcement within the Sunborn Game(s), page announcement on the Sunborn’s websites, games, official channels, web site tips, mobile phone messages, email, or other contact information you provided to Sunborn .

Once any notice is dispatched or sent in any way listed above by Sunborn, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree to, please inform Sunborn in writing within 15 days as of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.

18. Termination

1) Without limiting any other rights of Sunborn, this Agreement will terminate automatically without prior notice if you fail to comply with any term or condition of this Agreement or any agreements or policies referred herein. You may also terminate this Agreement by deleting the Sunborn Game(s) from all devices on which you have installed and immediately stop your uses of the Sunborn Services. Upon any termination, you shall no longer exercise any of the rights granted to you and you must destroy all copies of the Sunborn Game(s) in your possession.

2) We reserve the right to terminate all or part of our gaming services whenever we deem it necessary. We will provide prior notice in accordance with the laws of the countries or regions of offering. Regardless of the reason for terminating our services, users are responsible for taking appropriate steps, which may include terminating or discontinuing the use of their accounts and dealing with in-game virtual items and other related matters. Except for compensation related to in-game virtual currencies that were purchased but not yet used by users, users may not request any other form of compensation or indemnification from us for our termination of services. This includes requests for compensation due to their inability to continue using their accounts, in-game virtual items, etc.

3) Despite the termination/expiration of this Agreement, your obligations accumulated prior to the termination/expiration shall still be fulfilled by you. Also, all the rights and interests of Sunborn and the authorization (if any) granted to Sunborn shall still remain in effect and survive the termination of this Agreement.

19. Severability

If any provision of this Agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible and deleted from this Agreement and the rest of this Agreement may not be affected and remain in effect.

20. Dispute Resolution and Governing Law

1) The establishment, effectiveness, performance, interpretation and dispute resolution of the Agreement shall be governed by the laws of the Hong Kong(excluding conflict of law rules).

2) Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

The law of this arbitration clause shall be Hong Kong law.

The seat of arbitration shall be Hong Kong.

The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English.

3) If you have any problems during the account cancellation process that you cannot handle or have any doubts during the handling process, you can contact customer service for assistance.

4) SUBJECT TO APPLICABLE LAWS AND REGULATIONS, BOTH PARTIES CONFIRM THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.

21. No Assignment

You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of Sunborn. Otherwise, Sunborn may, in its sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipient. Notwithstanding the foregoing, Sunborn shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.

22. General

1) This Agreement contains the entire contract of the parties regarding the subject matter of this Agreement and supersedes any prior written or oral agreements (if any) between you and Sunborn.

2) References to "include", "includes" and "including" shall be construed so as to mean include without limitation, includes without limitation and including without limitation, respectively.

3) Affiliate in this Agreement shall mean an entity that directly or indirectly controls, or is controlled by or is under common control with Sunborn hereto.

4) Sunborn may translate this Agreement into other languages. If there is any difference between the English version and other language versions, then the English version, subject to applicable laws and regulations, shall prevail.

5) In addition to any other limitations which may be set forth herein, Sunborn may not be responsible for any delay or failure to perform resulting from causes outside the reasonable control of Sunborn, such as acts by governmental authorities, acts of God or other events outside of the reasonable control of Sunborn.

6) You agree that Sunborn expressly reserves the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny anyone use or access to the Sunborn Game(s) and/or the Sunborn Services; to cease providing any services; and/or to change, add any portion of the Sunborn Services.

7) You represent that you are entering into this Agreement on a completely voluntary basis and you expect no compensation other than what is expressly granted under this Agreement.

23. Contact Information

If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us at GF2ENsupport@sunborngame.com.