Truco Vamos
License and Service Agreement
This
“Truco Vamos License and
Service Agreement” (hereinafter referred to as the “Agreement”) is entered into
by and between you and Truco Vamos
Service Provider, and this Agreement shall have legally binding force. Please
carefully read and fully understand each clause of this Agreement, especially
the clauses that exclude or exempt the liabilities of Truco
Vamos (hereinafter referred to as the “Exemption
Clauses”), the clauses that limit the rights of users (hereinafter referred to
as the “Limitation Clauses”), the clauses related to dispute resolution and
court jurisdiction, and the separate agreements for activating or using certain
services. The Exemption Clauses, Limitation Clauses, dispute resolution related
clauses and jurisdiction related clauses, including but not limited to Clause
2, Clause 3, Clause 4, Clause 7, Clause 10 and other related clauses of this
Agreement, may be provided in bold, with color or in other reasonable forms to
draw your attention. Your acceptance of these clauses may cause difficulties,
inconvenience or losses to you under certain circumstances, so please make sure
to double check the above-mentioned clauses before you accept this Agreement or
use Truco Vamos Service.
Unless
you have read and accepted each and all clauses of this Agreement, you shall
not be allowed to use Truco Vamos
Service. You may contact Truco Vamos’s
customer service panel if you have any suggestion and comment on this Agreement
or Truco Vamos Service, and
we will provide you with necessary help. It is deemed that you have already
read and agreed to sign this Agreement, if you click “Agree”, “Accept” or “Next
Step” button, or register and use Truco Vamos Service.
If you are under the
age of 18, please read this Agreement in company with your legal guardian and
pay special attention to the clauses regarding use for minors.
1.
DEFINITIONS
1.1
Agreement, refers to
the text of this Agreement, the “Truco Vamos Terms of Service”, and “Truco
Vamos Privacy Policy”. Both of the above-mentioned
documents constitutes an inseparable part of this
Agreement once being officially published. This Agreement also includes the
“Mandatory Terms of Formatted Agreement for Online Game Services”.
1.2
Game Rules, refer to Truco Vamos’s user codes, player
regulations, game announcements, tips, notifications, and other contents, which
are issued and updated by Truco Vamos
Service Provider from time to time.
1.3
Truco Vamos Service
Provider, refers to Spirejoy Limited, herein referred to as “we” or “us” in
this Agreement, which provides you with Truco Vamos and Truco Vamos Service.
1.4
Truco Vamos, refers to the game provided by Spirejoy Limited, sometimes also refers to other games
together with Tongits Pro provided by Spirejoy Limited in this agreement, including client-based
PC games, web games, HTML5 games (H5 games), mobile games, and other types of
games; and Truco Vamos may
be provided in the form of software, in which case Truco
Vamos also includes the related software and
documents.
1.5
Truco Vamos Service, refers to all the online operation services
regarding the games provided by Truco Vamos to you.
1.6
You, also
referred to as “player(s)” or “user(s)”, refers to any natural person who is
authorized to use Truco Vamos
and Truco Vamos Service.
1.7
Game Data, refers to
all types of data generated during your use of Truco Vamos and recorded by the servers, including but not
limited to character data, virtual item data, behavior logs, purchase logs, and
other data.
2.
GAME ACCOUNT
2.1
You acknowledge and agree that you may not be able to recharge for your game
account or make purchase when using a guest account. Once you
uninstall/re-install Truco Vamos
or replace your terminal device such as mobile phone or computer, or your
terminal device is damaged, all the Game Data generated during your use of a
guest account may be deleted and cannot be queried or recovered. You shall be
responsible for all your losses arising from these circumstances.
If you use a third-party account recognized
by Truco Vamos as the Game
Account for Truco Vamos,
you shall also comply with the agreement and rules regarding the third-party
account. You shall contact the third party to resolve the related problems
arising from your use of the third-party account, including but not limited to
account theft, and Truco Vamos
may provide appropriate assistance to you depending on the circumstances.
2.2 You fully understand and agree that, Truco Vamos is entitled to verify
the authenticity and validity of the information provided by the user during
registration, and actively take reasonable technical and administrative
measures to guarantee the safety and validity of the user’s account. The user
is obligated to take care of his/her account and password, and to use the
account and password in a safe manner. If any party fails to perform any of the
above obligations and thus results in the loss or theft of account and
password, the party should be legally responsible for any damage caused to the
civil rights of the user or other third party.
If
you find anyone else assumes or steals your game account and password, or uses
your game account and password without your authorization, you shall
immediately notify Truco Vamos
in an effective manner in accordance with Truco Vamos’s request and inform Truco Vamos of the measures need to be taken. When you notify Truco Vamos, you shall provide
your valid personal identity information that is consistent with your
registered information. Upon receiving your valid request and completing the
verification, Truco Vamos
will take corresponding measures based upon your request or upon the specific
circumstances (including but not limited to suspending the log-in and use of
the account, or other measures). You should be responsible for any loss of
yourself or other users caused by the measures taken by Truco
Vamos following your request. If you do not provide
valid identity information or the personal information you have provided is
inconsistent with your registered identity information, Truco
Vamos is entitled to reject your request, and you
should be responsible for any loss caused by such rejection.
2.3
You fully understand and agree that, in order to ensure the effective use of
the server resources, if you do not use your game account to log-in Truco Vamos in three years, Truco Vamos is entitled to take
relevant measures, such as deleting your account along with the Game Data and
other information related to the account upon prior notification.
2.4
The game account is the identification that Truco Vamos authorizes you to log in and use Truco
Vamoss and related services in accordance with this
Agreement, and its ownership belongs to Truco Vamos. You only have the right to use the game account in
accordance with this Agreement and other relevant account usage agreement and
special rules issued by Truco Vamos
for it. You shall not provide your game account to anyone else for use in any
manner, including but not limited to assigning, leasing and lending your game
account to anyone else for commercial use, including but not limited to live
broadcasting, videotaping, surrogate training/gaming and other commercial use.
Otherwise, you shall be responsible for any legal consequences and liabilities
caused by your action, and Truco Vamos
will be entitled to take punitive measures against your game account, including
but not limited to issuing warning, restricting or prohibiting the use of all
or part of your game account function, deleting game account along with Game
Data and other related information, banning or canceling of game account, and
you will be responsible for all the losses caused thereby.
2.5
In the case that Truco Vamoss
provides the game account cancellation function, if you need to cancel the game
account, you may follow the account cancellation guidelines officially provided
by the game, and you should ensure that you meet the relevant conditions for
game account cancellation officially announced by the game, and you agree the
official game account cancellation agreement and other relevant rules announced
by the game. At the same time, it is also specially reminded that if you log
out of the game account, the relevant game revenue under the game account will
also be cleared. Therefore, please make sure that you have properly handled the
game revenue or have settled related game revenue under the game account before
you cancel this game account. Once you cancel this game account, if there is
any game revenue remaining under the game account at that time (including the
game revenue that has generated during the use of this game and will generate
in the future), Truco Vamos
has the right to clear all game revenue under the game account, and the
consequences are at your own risk. The aforementioned game revenue includes,
but is not limited to: game membership rights and levels; all data related to
the growth and upgrade of game characters (including but not limited to
experience points, honor points, reputation points, title, etc.); unused online
game virtual currency, virtual props and other virtual items (such as coupons,
gold coins, diamonds, props and other items, etc.); value-added services that
have been purchased but are not expired or used; other game revenues that have
been generated but are not completely consumed or any future game revenues
expected therein.
3.
USER INFORMATION COLLECTION, USE AND PROTECTION
3.1 You agree and authorize Truco
Vamos to collect your user information for the
purposes of performing this Agreement, including your real-name registration
information, Game Data of your game account and other information you have
provided during the use of Truco Vamos
Service and the information collected by Truco Vamos for the sake of information security and user
experience optimization, and so forth.
Truco Vamos will collect
your user information pursuant to this Agreement and relevant laws and
regulations.
The information collected would be stored in
cloud server for 15 days, and the scope of use and purpose are as follows:
1.
Personal information that you share with
us. And
you hereby consent to
provide the following specific information for the purpose.
•
your
age or birthday;
•
your
first and last names;
•
your
e-mail address;
•
a
password;
•
game
username(s);
•
details
about the games you play;
•
your
game history;
•
your
login data;
•
other
information that helps us make sure it’s you accessing your account,
information necessary for us to provide the support you request, or information
you provide to help us improve our Service (such as answers to
an online survey or a feedback form).
When you use our Service, you can choose to
create a player profile that other Truco Vamos’s players can see. In your profile, you can include
information like:
•
a
profile photo;
•
game
username(s);
•
your
gender;
•
your
age or age range;
•
approximate
location information;
•
links
to your profiles on various social networks;
•
details
about the games you play.
You can also provide us personal information
directly in a number of other ways, including:
•
in
response to surveys or other research we conduct;
•
to
participate in contests and sweepstakes;
•
via
social media;
•
by
participating in group communications or chats;
•
at
conferences, conventions, and other events.
2.
Personal information that we get from others.And you hereby consent to provide the following
specific information for the purpose.
We may collect or receive information about
you from other sources like third-party account, such as Facebook. We use this
information along with information you provide us directly in a number of ways
as described in this Privacy Notice.The information
we receive depends on the third-party account, your privacy settings and, if
applicable, your friends’ privacy settings on that third-party account.
We may collect and store some or all of the
following information shared by the third-party account:
•
your
first and last name;
•
your
profile picture or its URL;
•
your
user ID number (like your Facebook ID number), which may be linked to other
information like your name and profile photo, and your friends’ identifiers;
•
the
user ID number and other information of your friends, like their names and
profile photos;
•
the
login e-mail you provided to the third-party account;
•
nicknames;
•
your
log-in status, battle information/status, achievement information related in Truco Vamos;
•
your
physical location and that of the devices you use to access our Service;
•
your
gender;
•
your
birthday and/or age range;
•
information
about your activities on or through the third-party account;
•
other
information you have shared on the third-party account;
•
If
you access our Service from a third-party account or connect our Service to a
third-party account, you should also read that third-party account’s Terms of
Service and Privacy Notice.If you are unclear about
what information a third-party application is sharing with us, please go to the
third-party application to find out more about their privacy practices.
3.
Cookies and automated information collection
our service providers and other parties may
send cookies to your device when you access or view the Service. A cookie is a
small data file that is transferred to your device for record-keeping purposes.
Information contained in a cookie may be linked to personal data. We use
cookies for purposes such as improving the quality of our Service, tailoring
recommendations to interests, and making the Service easier to use.
We and our service providers may also employ
other technologies including (i) web beacons, which
allow us to know if a certain page was visited or whether an e-mail was opened;
(ii) tracking pixels, which allow us or our advertising partners to advertise
more efficiently and effectively by excluding our current players from certain
promotional messages, identifying the source of a new installation or delivering
ads to you on other websites; and (iii) local shared objects, also known as
flash cookies, which help us to reduce fraud, remember your in-game
preferences, and speed up load times.
We, our service providers, and other parties
may collect the following information via cookies and other technologies:
•
the
type of device you are using;
•
your
device’s operating system and version;
•
your
mobile device’s identifiers, like your MAC Address, Identifier for Advertising
(IDFA), and/or International Mobile Equipment Identity (IMEI);
•
IP
address;
•
MAC
address;
•
application
ID;
•
network
type.
•
referring
and exit pages and URLs;
•
platform
type;
•
the
number of clicks on a page or feature;
•
domain
names;
•
landing
pages;
•
pages
viewed and the order of those pages;
•
the
amount of time spent on particular pages;
•
game
state and the date and time of activity on our websites or games.
In some cases, we will connect this
information with your social network ID or Truco Vamos’s user ID.
3.2
You fully understand and agree that, based on your user information, Truco Vamos or third parties
in cooperation with Truco Vamos
may provide you with various information about Truco Vamos’s activities, promotion information and other
information through messages, phone calls, emails and other means. You can
also choose to opt out of such information at any time if you want. And for
this purpose, Truco Vamos
may share your user information with third parties. But we guarantee that the
shared user information will not contain any Sensitive Personal Information and
Privileged Information.
The
third-party cooperation herein refers entirely to commercial cooperation, and
only includes cooperation with game agents, telecom service operators,
advertising service providers, audio and video media service providers.
In
addition, Truco Vamos will
not share your user information with any other third parties for any other
purpose
3.3
You fully
understand and agree that, in order to provide better game services to you and
to improve your gaming experience, Truco Vamos may collect the information such as unique
identification, nicknames, avatars, friend relationships and other information
that you authorized in your Facebook Account and other accounts recognized by Truco Vamos (Third-Party Account)
that you used as game account , and your related operation information and
gaming information in Truco Vamos
(hereinafter referred to as the “Information”, including but not limited to
your log-in status, battle information/status, and achievement information, and
so forth), but the collection of this information will not include those
classified as personal information and sensitive personal information under relevant laws and regulations, including but not limited to the OECD Privacy Framework. and Truco
Vamos will
only collected and display the Information to yourself, your friends or other
users with your prior consent, and you can modify your account settings at will
at any time to turn off such collected and display.
You understand and agree that, if competent
authorities require Truco Vamos
to assist in investigating your game account (including real-name identity
information) and game-related data (such as recharge, consumption and
transaction data) in accordance with laws, Truco Vamos may provide the aforementioned relevant information
to the competent authorities.
3.4
You shall
fully respect the personal information of others, including but not limited to,
the personal information of other users that you obtain, receive or have access
to through Truco Vamos and
related services. You should not collect, copy, store, propagate, or in any
other way use other users’ personal information, otherwise you will be
responsible for any consequences arising therefrom.
3.5
Protecting user information and privacy is a basic principle of Truco Vamos. Unless otherwise
provided in this Agreement, the collection, use and protection of user
information in Truco Vamos
Service shall comply with Truco Vamos
Privacy Protection Guideline and other agreements. Except as otherwise provided
by law, if you have agreed or authorized Truco Vamos to collect, use or process your personal information
in accordance with the foregoing Agreement or regulations, Truco
Vamos's collection, use or processing of related
personal information under your consent before your withdrawal of such consent
will continue to be valid if you withdraw the consent or authorization.
4.
Truco Vamos SERVICE
4.1
Subject to
your compliance with this Agreement and relevant laws and regulations, Truco Vamos hereby grants you a
personal, non-transferable and non-exclusive license to use Truco
Vamos Service. You shall use Truco
Vamos Service only for non-commercial purposes,
including:
1.
receiving,
downloading, installing, starting, upgrading, logging in, displaying, running
and/or screenshotting of Truco Vamos;
2.
creating
a game character, setting online name, viewing Game Rules, user profiles and
game battle results, creating a game room, setting game parameters, purchasing
or using game items, game equipment, game currency and so forth in Truco Vamos, and using chatting
function as well as social sharing function; and
3.
using
one or several other functions supported and granted by Truco
Vamos.
4.2
During your use of Truco Vamos
Service, you shall not record, broadcast or share with others the content of Truco Vamos in any way without
the permission of Truco Vamos,
including but not limited to web-casting and broadcasting Truco
Vamos through any third-party software.
4.3
In the event
that Truco Vamos is
provided in the form of software, you shall also comply with the provisions of
Article 5 of this Agreement regarding software licenses when using Truco Vamos Service.
4.4
All other
rights that are not expressly authorized in this clause or other clauses of
this Agreement will be reserved by Truco Vamos. You must obtain Truco Vamos’s separate written approval before exercising these
rights.
4.5
Upon your
breach of this Agreement, Truco Vamos
is entitled to take one or multiple punitive measures as listed in Section 2 of
Article 6.5 of this Agreement and may publish the results, and (/or) Truco Vamos is also entitled to
demand you to compensate all the losses suffered by Truco
Vamos due to your violation.
4.6
You fully
understand and agree that, Truco Vamos
is entitled to reasonably judge the user’s violation of relevant laws and
regulations or the provisions of this Agreement, take appropriate legal actions
against any user who violates laws and regulations, and store and report the
relevant information to the relevant departments in accordance with the laws
and regulations and so forth. The user shall be solely responsible for all the
legal consequences arising therefrom.
4.7
You fully
understand and agree that, you shall be solely responsible for any claims,
demands or losses claimed by any third party resulting from your violation of
the provisions of this Agreement or other related terms of service; and you
shall indemnify Truco Vamos
for any loss arising therefrom, if any.
4.8
You fully understand and agree that, all game equipment, game currency, and
other game items are part of Truco Vamos Service, and Truco Vamos hereby grants you the right to use them under this
Agreement. Your purchase and use of the game equipment, game currency and other
game items shall comply with the requirements of this Agreement and the
specific rules concerning the game. Also, these game equipment, game currency
and other game items may be expired subject to a certain valid period even if
you have never used them within the valid period. Except for force majeure or
other reasons attributable to Truco Vamos, they will automatically expire upon the end of valid
period.
You
fully understand and agree that to provide better Truco
Vamos Service to users, Truco
Vamos is entitled to make adjustments, updates or
optimization to relevant content of the game (including but not limited to the
art design, performance and related numerical settings of the game characters,
game equipment and other game items).
4.9
You fully understand and agree that, to protect the security of your game
account and create a fair, healthy and safe gaming environment, during your use
of Truco Vamos Service,
subject to the stipulation of relevant laws, Truco
Vamos is entitled to have access to the random-access
memory (“RAM”) of your terminal device and other relevant programs running in
parallel with Truco Vamos
through technical means. Upon discovery of any unauthorized or harmful
program that hinders the normal operation of Truco Vamos Service, Truco Vamos is entitled to collect all the relevant information
and take reasonable measures against such program. But during the whole
process, Truco Vamos does
not intent to and will not process or access any personal or sensitive
information.
4.10
You fully understand and agree that, to ensure the gaming experience for you
and other users, Truco Vamos
is entitled to delete or clear some obsolete
Game Data stored in Truco Vamos’s
game server. Such deletion of data or data clearance does not involve sharing
information with any third party throughout the process
You fully understand and agree that, to
create a fair, healthy and safe gaming environment, encourage users to fairly
compete, and improve the gaming experience for you and other users, Truco Vamos establishes and
implements the Truco Vamos
Credit Score System. You agree to abide by the requirements of Truco Vamos Credit Score System
and other rules issued by Truco Vamos
in relation to the Truco Vamos
Credit Score.
You
fully understand and agree that, Truco Vamos is entitled to use your personal information produced
during your uses of Truco Vamos
services (including the Game Data under your game account, and other personal
information provided to or collected by Truco Vamos due to the safety, user experience improvement and
others concerns during your use of Truco Vamos Services) to calculate your game credit score.
You
fully acknowledge and agree that, Truco Vamos is entitled to implement incentive mechanism and
restriction measures in some or all Truco Vamoss and other products and services operated by Truco Vamos that you use based on
your game credit score. The
afore-mentioned incentive mechanism contains providing services adding rights
and interests to you, including but not limited to incentive game rewards, game
equipment trail opportunity, etc.; the afore-mentioned restriction measures
include but not limited to restrictions on your game rewards, prohibitions to
post and excluding from ranking list, etc.
4.11
In accordance
with the relevant laws and regulations and this Agreement, Truco
Vamos will take effective measures to protect the
legitimate rights and interests of minors during their use of Truco Vamos Service, including
possible measures to prohibit minors from engaging in inappropriate games or
game functions, to limit minors’ gaming time, and to prevent minors from
internet addiction. As part of the Game Rules, Truco Vamos will also publish Truco Vamos User Guidelines and warning instructions in a proper
place, including the game content introductions, proper ways to use the game
and ways to prevent harm. All minors shall read and follow these guidelines and
instructions carefully under the guidance of the parent or legal guardians.
Other players shall avoid publishing or generating any content that may harm
the physical or mental health of minors during the use of Truco
Vamos Service, so as to create a healthy gaming
environment.
4.12
You acknowledge and agree that Truco Vamos is entitled to incorporate your game account into the
corresponding anti-addiction system and take corresponding anti-addiction
measures if one of the following situations occurs:
1. The system determines
that you are under the age of 18; or
2.
You log in under tourist mode; or
3.
Situations where other relevant laws,
regulations or policies require or Truco Vamos has reasonable grounds to believe that it needs to be
included in the anti-addiction system.
In addition, in order to further prevent
minors from impersonating the identity information of others, we may enable
face recognition verification in some games or for some users, or obtain your
game account information from a third-party platform, to identify and record
your game behaviors based on the minor protection strategy, and then determine
whether your game behaviors meet the characteristics of a minor’s game
behaviors. If Truco Vamoss
requires you to perform face recognition verification, but you fail to pass or
reject, we will also incorporate your game account into the corresponding
anti-addiction system and take corresponding anti-addiction measures.
Regarding the accounts that fall into the
anti-addiction system, Truco Vamos
is entitled to take one or several of the following measures in accordance with
the stipulations of the relevant laws, regulations and policies, the terms of
other clauses of this Agreement, the operation strategy of Truco
Vamos, or the reasonable requests of your parent or
legal guardian:
1.
providing
your parent or legal guardian with related information about your game
(including but not limited to log-in information of your game account,
recharging and consumption information, and so forth), so that your legal
guardian can be informed of your gaming situation timely or simultaneously;
2.
limiting
the consumption cap of your game account;
3.
adopting
technical measures to block certain games or certain functions of Truco Vamos or limiting the
gaming time or duration for you;
4.
canceling
or deleting your game account, Game Data and other related information;
5.
taking
any other reasonable measures following the request of your parent or legal
guardian or the reasonable discretion of Truco Vamos to restrict or prohibit your use of Truco Vamos; and
6.
relevant
measures required by relevant laws, regulations or policies.
4.13
The provision of Truco Vamos
Service by Truco Vamos is a
commercial activity, for which the user is entitled, at his/her own discretion,
to decide whether or not to pay associated fees to obtain the corresponding Truco Vamos Service, according to
the list of charging item unilaterally issued by Truco
Vamos (including but not limited to purchasing the
right to use virtual items in the game as well as receiving other value-added
services and so forth) and Truco Vamos’s
corresponding charging rates. You are unable to enjoy certain game services if
you fail to pay the fees according to the relevant charging rates.
You
acknowledge and agree that changes or adjustments to the charging items or
charging rates are normal business activities and you shall not request Truco Vamos to indemnify or
compensate you for any change or adjustment to the charging items or charging
rates.
You
acknowledge and agree that, if you use legal tender to recharge and make
purchase in the game or to exchange for game virtual currency, virtual props
and other virtual items or value-added services, you are deemed to have
purchased the game services, and the game virtual currency, virtual props and
other virtual items or value-added services you purchased or exchanged will be
non-refundable and will not be exchanged into legal tender again, unless
otherwise prescribed by mandatory provisions in law.
4.14 In no event shall Truco
Vamos be liable for any damage suffered by you as a
result of force majeure during the use of Truco Vamos Service. Such force majeure events include but not
limited to laws, regulations, policies of the state, orders from state organs,
other governmental acts, or other unforeseeable, unavoidable and insurmountable
events, including but not limited to earthquakes, floods, snowstorms, fires,
tsunamis, typhoons, strikes, wars and so forth.
4.15
Truco Vamos may encounter
game software bugs, version update flaws, third-party virus attacks, or any
other factors, which may lead to the data abnormality of game characters, game
items, game equipment, and game currency of your game account data or Game
Data. Truco Vamos is
entitled to temporarily freeze the game account before the cause of the
abnormality is identified. If the Game Data abnormality is identified to be
caused by abnormal game behavior, Truco Vamos is entitled to restore the Game Data of the game
account to the original status before the abnormality occurs (including
requesting a transfer back of the Game Data from a third party), under which
circumstance Truco Vamos
will not be responsible for any consequences arising therefrom. If the data
abnormality is caused by your violation of laws or regulations or violation of
the provisions of this Agreement, Truco Vamos is entitled to take one or more of the measures
specified in Section 2 of Article 6.5 of this Agreement.
4.16
Truco Vamos does not grant
you the right to obtain game accounts, game items, game equipment, game
currency, and other game services from any third-party by purchasing, accepting
gifts or other ways. Truco Vamos
will not be responsible for any Third-party Transaction (Third-party
Transaction refers to your behaviors to purchase, accept gifts or by other ways
to obtain game accounts, game items, game equipment, game currency, and any
other game service from a third-party ), and will not
accept any complaint arising from the disputes of third-party transactions.
4.17
You fully understand that, there are objectively existing incompatibilities in
different operating systems, and such objectively existing incompatibilities
cannot be attributed to Truco Vamos,
thus your recharging fees and game data in one operating system may not be
smoothly transferred to another. You, rather than Truco
Vamos shall be responsible for the loss of your
recharging fee or game data caused by your switch of different operating
systems.
4.18
You fully understand that, there may be mandatory battle zones or battle
gameplay in Truco Vamos. If
you do not agree to be assigned to such mandatory battle, you shall not enter
these games or battle zones; and your entry will be deemed as agreement to the battle
gameplay and acceptance of the consequences.
4.19
If the operation of Truco Vamos
is terminated upon Truco Vamos’s
own discretion or for any other reasons, Truco Vamos will handle the termination of the game operation in
accordance with the relevant laws and regulations issued by the country
regarding termination of online games, so as to protect the legitimate rights
and interests of the users.
5.
Security Vulnerability Report
If
you believe you have discovered a security vulnerability affecting Truco Vamos products and
services, please report it to us immediately. We welcome anyone reporting to us
and will investigate all reports and do our best to fix reasonable vulnerabilities
as soon as possible.
We
encourage you to send an encrypted email to help@inspiresg.net by using your
PGP key with the following information:
1.
The specific products and software versions
you believe to be affected;
2.
A description of the behavior you observed
and the behavior you expected;
3.
A numbered list of steps to reproduce the
problem or a video demonstration (if the steps may be difficult to complete).
You
will receive an automatic response from Truco Vamos confirming that we have received your report. If we
need more information, we will contact you.
6.
SOFTWARE LICENSE
6.1
You may need
to download and install relevant software to use Truco
Vamos Service, and you can obtain the software
directly from Truco Vamos’s
related websites or from third parties authorized by Truco
Vamos. If you
obtain Truco Vamos or a
game with the same name as Truco Vamos’s
game from a third party not authorized by Truco Vamos, you will be deemed to have not obtained license from
Truco Vamos, and Truco Vamos will not guarantee
the normal use of the game, nor compensate you for any damage caused thereby.
6.2
Truco Vamos may develop
different versions of a software for different terminal devices or operating
systems, including but not limited to different versions for Windows, iOS,
Android, Windows Phone, Symbian, Blackberry, Nintendo Switch and so forth. You
may choose to download the appropriate version for installation in the light of
actual conditions, and after downloading the installation program, you should
install the program by correctly following the instructions provided by the
program.
6.3
If Truco Vamos is provided
in the form of software, Truco Vamos
grants you a personal, non-transferable and non-exclusive license to use the
software. You may download, install, log in and use Truco
Vamos software on a single terminal device only for
non-commercial purposes.
6.4
In order to
provide more high-quality and safe service, Truco Vamos may recommend you to install other software during
the game software installation process, you can choose to install them or not.
6.5
If you no
longer need to use the software or to install a new version, you can uninstall
on your own. If you are willing to help Truco Vamos to improve its product and service, please inform Truco Vamos of your
uninstallation reason.
6.6
In order to
ensure the security and functional consistency of Truco
Vamos Service, Truco Vamos is entitled to update the software and to change or
limit certain functional effects of the software.
6.7
After a new version of software is released, the older versions may become
unusable. Truco Vamos
cannot guarantee the continuous usability and the relevant client services of
the older version software, please check and download the latest version
regularly.
7.
USERS’ CODE OF CONDUCT
7.1 You fully understand and agree that, you
shall be responsible for all actions of your game account, including any
content you post and the consequences arising therefrom.
7.2
Aside from
using Truco Vamos Service
pursuant to this Agreement, you shall not engage in any activity that infringes
the intellectual property of Truco Vamos or engage in any activity that is harmful to the
legitimate interests of Truco Vamos
or other third parties.
7.3
You shall comply with the laws and regulations during the use of Truco Vamos or Truco Vamos Service. You shall
not use Truco Vamos or Truco Vamos Service to engage in
any illegal conducts, including but not limited to the followings:
1.
opposing the fundamental principles
determined by the Constitution;
2.
jeopardizing the unity, sovereignty and
territorial integrity of the state;
3.
divulging state secrets, undermining state
security or damaging the honor or interests of the state;
4.
inciting hatred or discrimination among
ethnic groups, undermining the solidarity among ethnic groups, or disrespecting
ethnic customs and practices;
5.
promoting heresy or superstition;
6.
spreading rumor, creating social disorder or
harming social stability;
7.
advocating obscenity, pornography, gambling,
violence, or abetting the commission of a crime;
8.
insulting or defaming others or infringing
any legitimate rights of others;
9.
harming social morality;
10.
containing any other content prohibited by
any law, administrative rule or relevant regulation.
7.4
You understand and agree to the following rules:
a.
Truco
Vamos online chess and card games are only for your
entertainment activities. You shall not use Truco Vamos online chess and card games and related services to
engage in any profit-making activities, nor shall you use Truco
Vamos online chess and card games and related
services to engage in gambling, operating gambling business or other illegal
activities, nor shall you provide any convenience or conditions for other users
to engage in the above-mentioned profit-making or illegal activities.
b.
Except as otherwise stipulated by relevant
laws, regulations or policies, Truco Vamos does not provide any form of official repurchase,
direct or disguised exchange of cash or physical objects, mutual gift, transfer
and other services and related functions for the virtual currency, points and
other virtual props in Truco Vamos's
online chess and card games. At the same time, you must not violate the
relevant regulations of the state and Truco Vamos to trade virtual currency, points or other virtual
props in the game, offline or through other platforms in any way.
c.
When you use Truco Vamos's online chess and card games, Truco
Vamos can limit the number of game coins, game points
or other game virtual props consumed in each game account, and limit the daily
recharge amount and game time of each game account according to relevant laws,
regulations or policies. Truco Vamos
has the right to formulate specific restrictions or limited standards of the
game on the basis of meeting relevant regulations.
d.
You
are not allowed to engage in any illegal activities or infringe the legitimate
rights and interests of Truco Vamos
and other third parties, including but not limited to the following activities:
1.
Carry out any behavior that destroys the
stability and fairness of the game or affects the normal operation of the game,
or destroys or affects the normal operation of Truco Vamos's game service, including but not limited to;
1.
Illegal and (or) malicious registration and
login of the game, including malicious batch registration of game accounts, as
well as login of the game by destroying server authentication and malicious
crowding service;
2.
Malicious implementation may lead to game
server downtime, stuck, or other game players offline, delay and other abnormal
game behaviors, such as using DDoS to attack game server or other players'
network traffic, etc.;
3.
Taking advantage of game loopholes (including
but not limited to swiping virtual currency, points or virtual props),
destroying the game environment or causing adverse effects to other players;
4.
Negative games destroy the game experience of
other users. Including but not limited to maliciously injuring or killing one's
own teammates, maliciously forming a team, maliciously sending or reducing
scores, passively hanging up, running away, deliberately giving the head, and
other negative games, which destroy the user's game experience;
5.
The behavior of installing and using the
third-party software that affects the balance of the game;
6.
Your game data performance is abnormal,
affecting other behaviors of Truco Vamos fairness.
2.
The same player (or the same IP, or the same
physical address) registers or logs in multiple game accounts;
3.
Cheating behaviors such as "double
spring cheating" in the game, intentionally escaping after betting or in
the game, resulting in losing game coins, game points or other virtual props to
other players, unreasonably delaying the game or game time and affecting the
fairness of the game, etc.;
4.
The behavior of insinuating or pretending to
be Truco Vamos's internal
staff or a special identity in some way in an attempt to obtain illegitimate
interests or influence the rights and interests of other users;
5.
Using illegal or improper words and
characters in the game, including role naming;
6.
All kinds of private service, plug-in
behavior;
7.
Spreading illegal speech or improper
information;
8.
Stealing other people's game accounts and
game items;
9.
Conduct game account trading, account sharing
and other behaviors that affect account security;
10.
Recharge games in discount channels not
authorized or recognized by Truco Vamos,
or entrust a third party not authorized or recognized by Truco
Vamos to recharge, or use a third
party software not authorized or recognized by Truco
Vamos to recharge.
11.
Other misconduct widely recognized in the
industry;
12.
Other behaviors that violate laws and
regulations, infringe the legitimate rights and interests of other users,
interfere with the normal operation of the game or Truco
Vamos does not explicitly authorize.
You
know and agree that Truco Vamos
has the right to judge whether you have used illegal plug-ins or not according
to your game data and abnormal performance due to the concealment or
disappearance of plug-ins after use.
7.5
Unless permitted by laws or written consent of Truco Vamos, you shall not engage in any of the following
conducts:
a.
deleting the copyright information on the
game software or its copies;
b.
reverse engineering, reverse assembling,
reverse compiling of the game software, or any other attempts to obtain the
software source code and other confidential contents, including but not limited
to the game elements that are not yet voluntarily published by Truco Vamos as a public
presentation, but have already been sealed in the game installation package;
c.
scanning, exploring and testing the game software
to detect, discover and identify the possible bug or vulnerability therein;
d.
copying, modifying, adding, deleting,
mount-running or creating any derivative work from the game software or the
data released to the RAM of any terminal device during the running of the
software, or the interactive data between the client terminal and the server
terminal during the running of the software, or the system data necessary for
the running of the software, in such ways including but not limited to using
plug-in, cheating tool or unauthorized third-party tool/service to access the
software and related systems;
e.
modifying or forging any instructions and
data during the running of the software, adding, deleting or changing the
function or operation result of the software, or operating and propagating
relevant software or method which can used to achieve the above-mentioned
function, no matter whether or not the above actions are conducted for
commercial purpose;
f.
using Truco Vamos and Truco Vamos Service through third-party software, plug-in,
cheating tool or system that is not developed nor authorized by Truco Vamos, or creating,
publishing and propagating third-party software, plug-in, cheating tool and
system that is not developed nor authorized by Truco Vamos;
g.
using, leasing, lending, copying, modifying,
linking, forwarding, assembling, publishing, issuing or establishing mirror
site of the content in the game which Truco Vamos owns intellectual property rights;
h.
establishing mirror site related to Truco Vamos, or taking snapshot
of relevant web page (web site), or providing service identical or similar to Truco Vamos Service by
establishing server or alike;
i.
isolating any part of Truco
Vamos from its main body for separate use, or using Truco Vamos in other ways which
breaches the provisions of this Agreement;
j.
using, modifying or covering the name,
trademark and other intellectual property of Truco Vamos;
k.
any other conducts without Truco Vamos’s express
authorization.
7.6
If you engage in any of the following conducts during your use of Truco Vamos Service, according to
the stipulations of this Agreement and relevant Game Rules, Truco
Vamos is entitled to take punitive measures as
specified in Section 2 of this clause against you depending on the severity of
the circumstance, and may publish the results:
1.
implying or falsely claiming to be internal
employees of Truco Vamos or
certain special identities in any way, in order to gain improper benefits or
impact the rights and interests of other users;
2.
using or uploading illegal or inappropriate
word, character and other content in Truco Vamos, including using them as the name for game character;
3.
undermining Truco Vamos or interrupting the normal operation of Truco Vamos Service in any way,
including but not limited to:
a.
Illegal and/or malicious registration and
game login behaviors, including but not limited to malicious batch registration
of game accounts, and logging in the game by violating server authentication,
malicious crowding, etc.
b.
Malicious behaviors that may cause the game
server to be shut down, stalled, or cause other game players to drop off, delay
and undergo other abnormal circumstances, such as using DDOS to conduct network
traffic attacks on the game server or other players;
c.
Taking advantage of game bugs to make profit,
damage the game environment, or adversely affect other players;
d.
Negative gaming activities that disrupt the
gaming experience of other users. This includes, but is not limited to,
maliciously harming or killing one’s teammates, malicious teaming, maliciously
losing the game and reducing game credits, passively quitting the game,
escaping, deliberately offering one’s death to the other side, and other
negative activities that disrupt other users' gaming experience;
e.
Game Data being abnormal, and other actions
that adversely affect the fairness of Truco Vamoss.
4.
using any private server and cheating tool;
5.
using game synchronizer (including but not
limited to using a hardware synchronizer for keyboard, mouse, etc., so as to
use a set of keyboard and mouse to simultaneously and synchronously control
multiple computers to play the game), and using any other hardware that can
result in abnormal performance on game efficiency or revenue data (including
but not limited to "continuous clicking device", hereinafter
collectively referred to as "Cheating Hardware");
6.
spreading illegal or inappropriate
information;
7.
stealing other user’s game account and game
item;
8.
making transaction of game account, sharing
account and conducting other activities that affect account safety;
9.
without Truco Vamos’s permission, making unauthorized transaction of game
virtual currency, game equipment, game currency and other game item with other
users, or obtaining game virtual currency, game equipment, game currency and
other game items or game services from third parties by purchasing, accepting
gifts, or otherwise;
10.
recharging games through discount channels
that are not authorized or recognized by Truco Vamos, conducting transactions of discounted game item
(such as buying discounted skins at low prices from non-official channels
outside Truco Vamos), or
entrusting a third party that is not authorized or recognized by Truco Vamos to recharge on their
behalf, or recharging using third-party software that are not authorized or
recognized by Truco Vamos.
11.
breaching any term of this Agreement or
violating any provisions of relevant laws or regulations; or
12.
conducting any other misconduct that is
widely recognized within the industry.
The
measures specified in the preceding paragraph include but are not limited to:
1.
a warning; and/or
2.
block from posting, including but not limited
to game-wide block, block in single-region, and block in public channel; and/or
3.
content reset, including but not limited to
resetting or forcibly modifying illegal nicknames, room names, pictures and
other illegal information or content that you provide or upload; and/or
4.
reducing or limiting your game's revenue,
such game revenue including but not limited to the improvement of all the data
related to the game's character growth and upgrade (such as experience value,
honor value, reputation value, title, etc.) and the obtaining of game props,
equipment, virtual currency and other virtual items; and/or
5.
deleting or cancelling your game account,
Game Data or other game related information; and / or
6.
restricting or prohibiting you from entering
certain scenes in the game or using game-specific features; and/or
7.
forcing to quit the game (i.e.
"kick from the game"), including but not limited to a forced
withdrawal from the entire game, or a single battle in the game, or other game
behavior you are working on; and / or
8.
temporarily or permanently prohibiting your
game account from logging in Truco Vamoss (hereinafter referred to as "the Account
Block"); and/or
9.
temporarily or permanently prohibiting the
specific terminals (including but not limited to PC terminals, mobile
terminals, etc.) involved in your violations of the law from logging into Truco Vamoss; and/or
10.
suspending or terminating your use of Truco Vamoss and related
services, or unilaterally notifying you of the termination of this Agreement;
and / or
11.
filing a corresponding civil action against
your violation of laws and regulations, claim against you for your
infringement, breach of contract or other civil liability, and claim you for
compensation over the losses suffered by Truco Vamos from your violation of the law (including the direct
economic losses, loss of reputation or goodwill suffered by Truco
Vamos, and Truco Vamos’s payment of compensation, settlement fees, attorney
fees, litigation costs and other indirect losses), or transferring to the
relevant administrative authority for administrative punishment, or
transferring to the judicial authorities for pursuing your criminal liability;
and /or
12.
other measures of Truco
Vamos that are announced through game rules
(including but not limited to user codes, player regulations, game
announcements, tips and notices).
You
acknowledge and agree that, due to the hidden and fast-disappearing nature of
game synchronizer and other Cheat Hardware, Truco Vamos is entitled to decide whether you have conducted
behaviors of using game synchronizer or other illegal Cheating Hardware based
on your Game Data and abnormal performances.
7.7
You
acknowledge and agree that, if Truco Vamos takes Account Banning measures against your game
account pursuant to this Agreement, Truco Vamos is entitled to determine
the duration of the ban based on the severity of your violation.
You acknowledge and agree that, (1) the game virtual currency, game
equipment, game currency and other game item of your game account may be
unusable during the period of Account Banning; (2) if the aforementioned game
virtual currency, game equipment, game currency and other game item is subject
to certain valid period, the valid period may expire during the period of
Account Banning, and thus you will not be able to use the expired game virtual
currency, game equipment, game currency and other game item after the
expiration of Account Banning period.
8.
INTELLECTUAL PROPERTY
8.1
Truco Vamos owns all the
intellectual property rights of Truco Vamos. All copyrights, trademarks, patents, trade secrets
and other intellectual properties, along with other legitimate rights and
interests of Truco Vamos
(including but not limited to the overall Truco Vamos and all art, music, text, and other game elements and
components included in Truco Vamos,
and the continuous dynamic pictures presented when running Truco
Vamos), as well as all information and contents
related to Truco Vamos
(including texts, images, audios, videos, graphics, interface designs, layout
frameworks, related data or electronic documents, and so forth) are protected
by relevant local laws and regulations and relevant international treaties. Truco Vamos owns the aforesaid
intellectual property rights and legal rights, except for the rights enjoyed by
the relevant right owners in accordance with the laws. Without prior written consent from Truco Vamos, you shall not use Truco Vamos (including but not limited to the overall Truco Vamos and all art, music,
text, and other game elements and components included in Truco
Vamos, and the continuous dynamic pictures presented
when running Truco Vamos)
in any way for commercial purpose or disseminate the content of Truco Vamos through information
network.
8.2
If there is a platform function or service of Truco Vamoss that you can self-produce, create or upload related
content by yourself (hereinafter referred to as "UGC Platform"),
regarding the content you produce, create, upload or publish using the UGC
platform (hereinafter referred to as "UGC Content"), you shall ensure
that it is legal and does not infringe the legal rights and interests of others
and shall comply with the relevant rules published by Truco
Vamos on the UGC Platform (hereinafter referred to as
"UGC Platform Rules "). You also agree that:
1.
If the UGC content contains Truco Vamos content (including
but not limited to the overall Truco Vamos and all art, music, text, and other game elements and
components included in Truco Vamos,
and the continuous dynamic pictures presented when running Truco
Vamos) and/or other content in which Truco Vamos enjoys intellectual
property rights, you shall obtain written consent from Truco
Vamos for your commercial use of UGC Content, and
comply with the corresponding UGC Platform Rules.
2.
Regarding UGC Content, you agree to
irrevocably authorize Truco Vamos
to use the UGC Content in any way (the aforementioned "use" includes,
but is not limited to, reproduce, distribute, rent, exhibit, perform,
broadcast, modify, adapt, communicate through information network and use in
other ways, including for both commercial and non-commercial purposes, within
and outside the game, as well as within the UGC Platform and outside the UGC
Platform; for the convenience of description, the aforementioned right to use
is collectively referred to as "Right to Use"), and at the same time
authorize Truco Vamos to
re-delegate or sub-license the aforementioned Right to Use to third parties.
You promise that such use by Truco Vamos will not infringe any third-party intellectual
property rights and other legal rights.
3.
For UGC Content, you can only display the UGC
Content on Truco Vamoss and
other platforms approved by Truco Vamos
or use it in the certain ways approved by Truco Vamos. You shall not disseminate or authorize a third party
to disseminate such content on other platforms without Truco
Vamos's permission, and you shall not conduct or
authorize a third party to conduct any publication, commercialization,
secondary derivative use and other use activities. In case of any violation, Truco Vamos reserves the right to
pursue legal actions against you.
4.
For UGC Content, you irrevocably authorize Truco Vamos to take actions by
itself or by entrusting a professional third party to defend rights against the
violation of the legitimate rights and interests of UGC Content. Actions of
protecting such rights includes, but are not limited to: monitoring infringements,
sending letters claiming rights protection, filing lawsuits or arbitrations,
mediation, settlement and others. Truco Vamos is entitled to make decisions on the matters of
rights protection and implement them independently.
5.
If pursuant to the Copyright Law and other
laws, you enjoy the right of publication, right of authorship, right of
alteration, right of integrity and other moral rights of copyright of the UGC
Content, you agree that Truco Vamos
can decide whether or not to affix your name according to the specific
circumstance or scenario of use of the UGC Content. Also, you agree that you
will not claim the right of publication, right of authorship, right of
alteration, right of integrity and other moral rights against Truco Vamos due to Truco Vamos's use of UGC Content
in accordance with this Agreement.
8.3
Notwithstanding
any other stipulations in this Agreement, the ownership and intellectual
property rights of the Game Data generated during your use of Truco Vamos Service is solely
owned by Truco Vamos, and Truco Vamos is entitled to store
and dispose of the Game Data. Among which, Truco Vamos’s preservation period for the user’s purchase record
of game virtual currency will be in compliance with the relevant law and
regulations. Unless otherwise stipulated by state laws and regulations, the
preservation period for other Game Data shall be solely determined by Truco Vamos.
8.4
Truco Vamos may involve
third-party intellectual property rights, and if such third party holds any
requirement on the intellectual property rights which you may use in Truco Vamos in pursuance of this
Agreement, Truco Vamos will
inform you of the said requirement in an appropriate manner and you shall
comply with such requirement as well.
9.
COMPLIANCE WITH LOCAL LAWS AND REGULATIONS
9.1
During your
use of Truco Vamos Service,
you shall abide by local laws and regulations and respect local ethics and
customs. If your conduct is in violation
of local laws, regulations or moral customs, you shall be solely responsible
for the consequences arising therefrom.
9.2
You should
avoid getting Truco Vamos
involved in political and public incidents for your use of Truco
Vamos Service. Otherwise, Truco
Vamos is entitled to suspend or terminate the
provision of services to you.
10.
JURISDICTION AND APPLICABLE LAW
10.1
This Agreement is signed in [Hong Kong, China].
10.2
The conclusion, validity, performance and interpretation of this Agreement and
resolution of disputes in connection herewith shall be governed by Hong Kong
International Arbitration Centre (“HKIAC”). The governing law applies to the
laws of Hong Kong.(excluding the applicable conflict
of law rules).
10.3
In the event of any dispute or controversy, the parties shall in the first
place use their best efforts to settle such dispute or controversy through
amicable negotiation. You agree that any dispute or controversy which cannot be
settled by negotiation, shall be submitted and finally resolved by the people’s
court at the place where this Agreement is entered into and has jurisdiction
over such dispute or controversy.
10.4
The headings
of all clauses in this Agreement are established merely for the ease of
reading, which do not carry any substantive meanings and shall not be used as
references for the interpretation of this Agreement.
10.5
If any clause
of this Agreement is deemed invalid for any reason, the rest of the clauses
shall survive and remain binding to both parties.
11.
MISCELLANEOUS
11.1
Truco Vamos is entitled
to amend the terms of this Agreement when Truco Vamos deems necessary, and you may find the up-to-date
version of this Agreement on relevant webpage. By continuing to use Truco Vamos Service after the amendment of the terms of this
Agreement, you will be deemed to have accepted the amended agreement.
11.2
Truco Vamos hereby
reminds you to avoid inappropriate games, refuse piratical games; pay attention
to self-protection, stay vigilant about fraud; play game moderately to relax
your brain and refrain from addiction to games; arrange your time reasonably
and enjoy a healthy life.
-END-
Updated on: [2023-7-31]
Became effective on: [2021-6-16]