August 30, 2023

THIS TERMS OF SERVICE ("AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS ON WHICH WE GRANT TO AN END USER (“YOU” OR “USER”) ACCESS TO Swipe Photo SOFTWARES OR OTHER APPLICATIONS FOR MOBILE DEVICES (“APPS”) AND OTHER RELATED SERVICES (COLLECTIVELY THE “SERVICES”). BY ENTERING, USING, PLAYING OR OTHERWISE ACCESSING OUR SERVICES, YOU AGREE TO THIS AGREEMENT (AS MAY BE AMENDED FROM TIME TO TIME). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT THIS PAGE AND STOP ACCESSING THE SERVICES.

In this Agreement, “ Swipe Photo”, “we”, “us”, “our” refers to Wegital HK Limited, including its joint ventures and related corporations.

You must be at least 13 years of age to access and use the Services. If you are at least 13 years of age but below 18 years of age or such other age of majority required for this Agreement to be binding and enforceable against you and not voidable (“Age of Majority”), your parent or legal guardian must establish an Account with us. Parents and legal guardians who establish an Account with us for use by their child/ward or otherwise permit their child/ward access to the Services through their Account guarantee the compliance by the child/ward of the obligations under this Agreement. (Please also see Clause 4.)

1.TERMS OF AGREEMENT

(a) Terms of Agreement. Our offer to allow you to use and access our Service (as we may choose to provide from time to time) is conditioned upon your agreement to all of the terms and conditions contained in this Agreement. In order to access certain Services, you may be given “just-in-time” notices or otherwise notified that you are required to agree to additional terms and conditions applicable to such Services in which you choose to participate. If you do not agree, you should not access or use such Services. Such additional terms and conditions are hereby incorporated in this Agreement by reference.

Your use of Services constitutes your agreement to all such terms and conditions.

(b) Amendments. We may amend (such as update, modify or correct) this Agreement (including any additional terms and conditions applicable to any specific Services at any time in our sole discretion within the Services. Amendments to the Agreement will be effective within three (3) days after posting of the amended Agreement. However, the amendments will not apply to any dispute of which we receive actual notice before the amended Agreement is in effect. Your use of Services after the amended Agreement comes into effect constitutes your agreement to the amended Agreement. You agree to check this Agreement before each use so you will be familiar with their content as amended from time to time. If you do not agree to the amended Agreement, immediately stop accessing the Services.

2. DESCRIPTION OF SERVICE

We may offer access to the Services through Apps and third party services.

We do not represent, or warrant that the Services will be compatible with your browser or mobile device. In particular, we do not represent, or warrant that the Apps will be compatible with your mobile device.

It is your sole responsibility to ensure that you use a compatible web browser, mobile device and other equipment and software to access and use the Services.

All fees incurred in accessing the Services shall be borne by you. In particular, please note that data charges may apply to your use of the Apps and for the avoidance of doubt, you are responsible for all data charges incurred in connection with the Apps. We do not provide Internet access, and you are responsible for all fees and costs associated with your Internet connection and fees charged by a location providing such internet access such as a cyber café, hotel or arcade; or costs of the computer or mobile device or other hardware or software.

3. LICENSE TO USE

Subject to your agreement to and compliance with the terms of this Agreement, we grant to you a non-exclusive, non-transferable, non-sharable, revocable, limited license to use the Services (including the Software in connection with the Services) solely for your personal, non-commercial use to the Services in accordance with this Agreement.

We are entitled to immediately terminate this license, without any liability to you in the event of any violation of the terms of this Agreement by you.

The Services comprise of content that belongs to us and/or our licensors and that are protected by copyright, trademark, and other intellectual property laws. We reserve all rights, including without limitation, intellectual property rights and other rights, in respect of the Services. You may not use the Services or the intellectual property composed in the Services in a manner that constitutes an infringement of our or our licensors’ rights. You shall not create, modify, adapt, reverse engineer, recompile, reproduce, publish or distribute any derivative works of any software, utilities, applications, simulators, tools, files or intellectual property derived from, forming or otherwise used to provide the Services, or otherwise use the Software and Services except as may be expressly provided in this Agreement or to the extent permitted by law or relevant open source licenses.

You are not permitted to sell, auction, trade, sublicense, rent, lease, loan or transfer any Account, character, In-App Resources or any copyrighted material, except as expressly permitted under Clause 6.

Without prejudice to the generality of the foregoing, you shall not sublicense, rent, lease, loan, sell, auction, trade or otherwise transfer the Software for profit.

4. ACCOUNT AND ACCESS TO SERVICES

(a) Eligibility. You must be at least 13 years of age to access and use the Services. If you are at least 13 years of age but below the Age of Majority, your parent or legal guardian must establish an Account with us.

You are required to have an account (the "Account") established with us in accordance with this Clause 4(a) or alternatively, if you have reached the Age of Majority, established with a third party service through which we permit access of the Services (such as Facebook Connect or the applications provider for your mobile device). If you access the Services through an Account with a third party service, you shall comply with its terms of service and agree to its privacy policy.

By establishing an Account through which you access the Services, you undertake, represent and warrant that you have reached the Age of Majority. If you are at least 13 years of age but less than the Age of Majority and wish to use the Services, your parent(s) or legal guardian(s) must complete the registration process, open an Account in their name(s), and accept full responsibility for all obligations under this Agreement. Parents and legal guardians who establish an Account with us for use by their child/ward guarantee the compliance by the child/ward of the obligations under this Agreement.

Only one person may use an Account to access the Services. The registered user of an Account may use the Account or may choose instead to permit their child/ward of the registered user to use the Account but such child/ward must be at least 13 years old.You shall not permit the use or access of the Services through your Account by your child/ward if they are below the age of 13 years old. You are liable for all activities conducted through your Account, whether or not authorized by you, including without limitation all purchases and in particular, parents or guardians are liable for all activities of their minor child conducted through the Account.

Any person whose Account or access through which has been suspended or terminated by us or any person who has been banned or removed from any Services may not access the Services in any manner or for any reason, including through any other Account, without our express written permission.

You shall not use or access the Services which are not provided or downloaded directly from our Web Site, or any other third party's platform without being licensed by us.

(b) Account ID. At the time your Account is opened, you may be required to choose a name to identify yourself (your "Account ID").

You shall not select as your Account ID a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead others to believe you to be an employee of ours, or which we deem in our sole discretion to be vulgar or otherwise offensive.

You shall not express, show, publish, announce any contents or act any activities which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead others to believe you to be an employee of ours, or which we deem in our sole discretion to be vulgar or otherwise offensive, through your Account or under your Account ID.

We reserve the right to delete, or to change, or terminate or suspend access through, any vulgar or otherwise offensive Account ID.

You are solely liable for all activities conducted through your Account or under your Account ID.

(c) Account. You agree that you do not own or have any property interest in the Account, the characters we store on our servers, the Free In-App Resource or Premium In-App Resource in the Account, or any other intellectual property or data which the Services, Software, other services, servers and Accounts are comprised of. The Account, characters, the Free In-App Resource and Premium In-App Resource, and any other intellectual property and data which the Services, Software, other services, servers and Accounts are composed of, are properties of ours and/or our licensors and/or any relevant third party platform. All rights in and to the Services, characters, the Free In-App Resource and Premium In-App Resource, Software, other services, servers and Accounts shall insure to our benefit. We reserve all rights to maintain, manage, consolidate, switch, migrate, terminate, dispose, alter and administer our servers and the data of the Services for the provision of the Services as we may deem fit in our sole discretion without any liability to you whatsoever.

You agree not to use any misspellings, alternative spellings or other actions in an attempt to circumvent the foregoing restrictions.

We reserve the right to delete, remove, change or alter any Character Name that we deem to be inappropriate, in our sole discretion at any time.

You agree to (a) notify us immediately if you are aware or reasonably suspect of any unauthorized use of your Account or password, and (b) ensure that you exit from your Account at the end of each session.

(d) Registration Obligations. You agree to provide true, accurate, current and complete information about yourself as prompted by our registration form or if you access the Services through third party services, you represent and warrant that to the best of your knowledge true, accurate, current and complete personal information about yourself is and/or will be shared with us by such third party to pre-populate our registration form ("Registration Data"). You agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If any information provided to us is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and/or access through such Account and refuse any and all current or future use of the Service.

(h) Terminated Accounts. Any person whose Account or access through which has been suspended or terminated by us may not access the Services in any manner or for any reason, including through any other Account, without our express written permission.

(i) Related Accounts. If we terminate or suspend an Account or access through an Account, we may terminate or suspend any other Accounts or access through any other Accounts that share the same registrant’s name, phone number, email address, postal address, Internet Protocol address, or credit card number with the Account that, or access through which is, suspended or terminated.

(j) Multiple Accounts. Currently, an Account holder is permitted to register more than one Account. However, we reserve the right to limit the number of Accounts each person may register or use to access the Services.

(k) Right To Manage and Remove Accounts and Contents. We have the right, but not the duty, to review all Accounts, all access to the Services and all content submitted for or included on the Services. You agree that we have the right to remove, suspend and disclose such information and content as we, in our sole discretion, believe necessary or appropriate for provision of the Services, to investigate or resolve possible problems or inquiries, for any legal process, for compliance with any laws or regulations, to enforce the terms of this Agreement or in our good faith belief that it would aid in protecting the rights, property or safety of any person.

We further reserve the right in our sole discretion to remove, suspend or terminate any Accounts and/or access through any Accounts and/or content that we find objectionable for any reason, or in the event of any breach of any terms of this Agreement, without any prior notice, without any liability whatsoever. Further, in addition to any other rights of ours under this Agreement or by law, we reserve the right to terminate any Account that has been inactive for one hundred eighty (180) days and has never paid any Premium Fee (as defined below), without any liability whatsoever.

5. PREMIUM FEE

You do not need to pay any access fee to us to use the Services unless you want to pay the Premium Fee for permission to use the premium In-App resource, where you will be given access to In-App points and/or In-App currency and/or In-App items etc. (“Premium In-App Resource”). The Premium Fee paid by you will provide you the access to play the premium In-App resource for a period of one (1) month from the date of purchase, after which, we may, in our sole direction at any time, terminate the Services under this Agreement. As long as we continue to provide the Services to the public, we will not expire your access to Premium In-App Resources, unless you violate any term of this Agreement.

The Premium In-App Resource may be available as a monthly or another periodic subscription. Your subscription to the Premium In-App Resource is deemed as your consent to the Subscription Policy and to the corresponding direct debit or other payment method. If your subscription is purchased through one of our Services, you will be charged for such subscription. Your subscription will be automatically renewed on a monthly or another periodic basis until either party cancels or terminates the subscription. You have to cancel or terminate the subscription before the commencement of the next month or the next period, otherwise the subscription will be automatically renewed and charged via your chosen payment method. You may cancel or terminate the subscription in accordance with the relevant Subscription Policy.

You agree not to pay the Premium Fee by exploiting the bugs in the Services, on the Web Site, and/or within our Services and system which may cause unfair transaction between you and Swipe Photo or gain unfair advantage in the Services, or through informal channels which are not provided directly by Swipe Photo, or any other channels unauthorized by Super Cleaner (the Unauthorized Channels). You undertake any loss due to paying the Premium Fee through Unauthorized Channels. For any Account found to pay through the Unauthorized Channels, we reserve the right to reduce, suspend, alter, delete or terminate the Account, or its data; we also have the right to identify it as a fraud, in our sole discretion.

Pay the Premium Fee for permission to play the Premium In-App Resource

The payment of the Premium Fee shall be on the terms as set out in this Agreement. In consideration of your payment of the Premium Fee, we shall offer to you a limited permission to access such Premium In-App Resource as we may stipulate on the Web Site, from time to time. You may first be given an Swipe Photo Points Card (the “Points Card”) that represents a certain amount of Swipe Photo Points which can be exchanged to other Premium In-App Resource, such as Swipe Photo In-App points, Swipe Photo In-App currency, or Swipe Photo In-App Items for the Services. If you choose to pay by using Credit Cards, PayPal, Apple Pay, Google Play, and such other payment instruments and channels (such as through Facebook Credits) as we may permit from time to time, your payment will be processed by the relevant merchant service provider and/or other relevant third party. All parents and legal guardians are liable for any use of their credit cards and other payment instruments and channels by their child/ward. You agree to the terms of service and privacy policy of any third party that provides such payment channels or instruments that you choose to use.

If you select to play a Free In-App Resource or Premium In-App Resource (collectively, the “In-App Resource”), you agree that you have understood how the In-App Resource is used in the Services and are fully responsible for all the consequences related to the use or transfer of such In-App Resource.

Notwithstanding the terminology that you “buy” or “earn” or “win” or “take possession of” any In-App Resource or that we have “delivered” to you any In-App Resource including without limitation any virtual In-App currency or other similar terminology, you acknowledge that you do not actually own the virtual items or any credit balance in real currency or its equivalent and are not entitled to reimbursement of or exchange for any “real-world” monies or monetary value. You agree that the In-App Resource you access (and all underlying intellectual property) are properties of ours and what you obtain is merely a limited license to access such In-App Resource in the Services in accordance with this Agreement. We also reserve the right to not grant access to the In-App Resource to certain Users.

6. Discharge of obligation

You understand and agree that the performance by us of the various stages of the transactions as contemplated in this Agreement are completed and executed and all our obligations are discharged and extinguished upon the expiration of the one (1) month concessionary period.

Thus, in substance, economic reality, and substantive law, you have no further rights to demand to play and we have no further obligation to display any Services for use, upon the expiration of the one (1) month concessionary period.

For the avoidance of doubt, the foregoing is without prejudice to Clauses 11, 12, 13 and 16.

(d) Return Policy. The payment of the Premium fee for permission to access the Premium In-App Resource (including Swipe Photo Points Card), its related sub-domains, any merchant service provider and/or other third party platforms requires acceptance of the terms of service and privacy policy of such merchant service provider and/or third party platform prior to the use of such merchant service provider and/or third party platform (as the case may be). The act of downloading, viewing, or using such payment channels and instruments constitutes acceptance of their terms of service and privacy policy. Upon the payment of the Premium Fee by you, you agree that no Premium In-App Resource (including Swipe Photo Points Card) is eligible for return, and that the Premium Fee is not refundable, in whole or in part. You shall not be entitled to any concession in respect of this payment term. If any payment is disputed or charged back or any fraudulent activity is detected, the associated Account(s) or access through the associated Account(s) may be suspended, terminated, or other actions in our sole discretion.

(e) Security and Anti - Fraud. For security and anti-fraud purposes, we may require any User, whether prior to or after payment of the Premium Fee, to provide personal information such as name, address, phone number, social security number, and copy of picture ID. Users may also be required to write and sign a statement certifying that their purchases are authorized and legitimate. Failure to do so may result in suspension of the associated Account or of access through the associated Account.

7. OFFICIAL SERVICE

We have designed Services for use only as offered by us. You agree to use Services only as offered by us and not through any other means not approved by us. You further agree not to create or provide any other means through which Services may be played or accessed by others, such as through server simulators. You shall not attempt to gain unauthorized access to the Services, Accounts, or computers, servers or networks connected to the Services, including without limitation by circumventing, manipulating or modifying any technological or security measures, devices or Software.You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.

8. PRIVACY

(a) The personal information you provide us during registration is used for our internal purposes only. We use the information we have collected to learn what you like in order to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purposes relating to the Services, the Software, and any services or software which may in the future be provided by us or on our behalf.

(b) We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies, or government officials, as we, in our sole discretion, believe necessary or appropriate for provision of the Services, to investigate or resolve possible problems or inquiries, for any legal process, for compliance with any laws or regulations, to enforce the terms of this Agreement or in our good faith belief that it would aid in protecting the rights, property or safety of any person.

(c) Your Account ID, profile picture, Character Name, and other details relating to your character in Services may be publicly available and disclosed in any event.

(d) Please also see our Privacy Policy. Registration data and other information collected about or from you are subject to our Privacy Policy, the terms of which are incorporated herein. You should review our Privacy Policy to better understand how we collect and use data about you.

9. INTERRUPTION OF SERVICES

(a) We reserve the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.

(b) You acknowledge that the Services may be interrupted for unforeseen circumstances or causes beyond our control, and we cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. In any event, we shall not be liable for any interruption of the Services arising from unforeseen circumstances or causes beyond our reasonable control, including without limitation acts of God, acts or regulations of government, military authorities and political interferences with our activities, network, server or infrastructure failures or shortages of labour, fuel, energy or technological facilities.

(c) Notwithstanding any other provision in this Agreement, we shall not be obligated to refund any portion of any Premium Fee or otherwise provide any compensation or have any liability by reason of any interruption of the Services by reason of any of the circumstances described in Clause 11(a) or 11(b).

10. DISCLAIMER OF WARRANTIES

WE PROVIDE THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE IN-APP RESOURCE, PREMIUM IN-APP RESOURCE AND ALL OTHER SERVICES ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR REPRESENT THAT THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE IN-APP RESOURCE, PREMIUM IN-APP RESOURCE OR OTHER SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE IN-APP RESOURCE, PREMIUM IN-APP RESOURCE OR OTHER SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, CONTINUOUS, SECURE, VIRUS-FREE, OR THAT THE DEFECTS IN THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE IN-APP RESOURCE, PREMIUM IN-APP RESOURCE OR OTHER SERVICES WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE IN-APP RESOURCE, PREMIUM IN-APP RESOURCE OR ANY OTHER SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULARLY TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE IN-APP RESOURCE, PREMIUM IN-APP RESOURCE AND ALL OTHER SERVICES. YOU SHOULD NOT USE THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE IN-APP RESOURCE, PREMIUM IN-APP RESOURCE OR ANY OTHER SERVICES IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. WE DO NOT WARRANT OR REPRESENT THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OR IMPROPER ACCESS TO YOUR DATA. WE ARE NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES OR FOR ANY FOUL/UNFAIR PLAY OR ANY BREACH OF THIS AGREEMENT BY ANY USER OR LOSS OF IN-APP RESOURCES OR RECORDS OR OTHER DATA (IN PARTICULAR BUT WITHOUT LIMITATION FOR LOSS OF IN-APP RESOURCES PURSUANT TO ANY PROHIBITED TRADING ACTIVITES).IN THE EVENT THAT WE CHOOSE TO GRANT ANY AWARDS OR PRIZES (WHETHER PURSUANT TO ANY MARKETING ACTIVITIES OR EVENTS OR OTHERWISE), ANY AWARD OR PRIZE MAY BE SUBSTITUTED OR WITHHELD BY US FOR ANY REASON WHATSOEVER AS WE MAY DEEM FIT IN OUR SOLE DISCRETION. YOU FURTHER AGREE THAT IN THE EVENT OF ANY CONTROVERSY OR CONFLICT OR DISPUTE WITH REGARD TO THE AWARD OR PRIZE OR OTHER RESULTS OF ANY ACTIVITY OR EVENT (INCLUDING WITHOUT LIMITATION DUE TO AN ERROR IN THE SYSTEM DISPLAY), THE DECISION BY US AS TO THE AWARD OR PRIZE OR WHETHER THE SAME IS TO BE GRANTED OR OTHERWISE AS TO THE RESULTS OF ANY ACTIVITY OR EVENT SHALL BE FINAL.

11. LIMITATION OF LIABILITY

(a) THE MAXIMUM AMOUNT OF OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL PREMIUM FEES PAID BY YOU TO US IN AND WITHIN THE SAME MONTH OF THE EVENT FROM WHICH SUCH LIABILITY ARISES. IN NO EVENT SHALL WE, OR ANY OF OUR JOINT VENTURES, RELATED CORPORATIONS (AS DEFINED UNDER THE HONG KONG COMPANIES ORDINANCE (CAP. 622)), SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF PROFITS, ARISING (WHETHER OR IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE IN-APP RESOURCE, PREMIUM IN-APP RESOURCE OR ANY OTHER SERVICES OR THIS AGREEMENT, WHETHER OR NOT WE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR.

(b) If you pay a Premium Fee for access to Premium In-App Resource, you agree to release us and the Swipe Photo Group from any and all liabilities related to your purchase and to your access, play and any other use of the In-App Resource, except that we are responsible for delivering such Premium In-App Resource to your Account and display of the Services in accordance with Clause 5(c) but without prejudice to any of our rights under this Agreement or by law, in particular the provisions set out in clauses 11, 12, 13 and 16.

(c) You agree to release us and the Swipe Photo Group from any and all liabilities related to any computer virus infection to your computer, whether it is through our server or third party activities.

(d) To the fullest extent permissible under any applicable law, unless otherwise expressly provided herein, you agree that we will not be held responsible or liable for anything that occurs or results from accessing or using the Services (including without limitation any loss, costs, damages, claims, actions or liability arising from any breach of this Agreement or other acts by any User or other person or any deletion or removal of any Content or from the use, access and use of the Services and In-App Resources) and you agree to release us and/or the Swipe Photo Group from, and waive and not assert any claims you may have against us and/or the Swipe Photo Group under any law of every kind and nature, whether known or unknown, suspected or unsuspected, fixed or contingent, arising out of or in any way related to any of the Services.

(e) Notwithstanding any other provision in this Agreement, we shall not be liable for any delay or failure to perform any of our obligations under this Agreement or otherwise for any loss, costs, damages, claims, actions or liability arising from unforeseen circumstances or causes beyond our reasonable control, including without limitation acts of God, acts or regulations of government, military authorities and political interferences with our activities, network, server or infrastructure failures or shortages of labour, fuel, energy or technological facilities. Notwithstanding any other provision in this Agreement, we shall be excused from any delay or failure to perform arising from unforeseen circumstances or causes beyond our reasonable control and any such delay or failure shall not be a breach by us of our obligations under this Agreement.

(f) You agree that the disclaimers, limitation of liability, releases, waivers contained in this Agreement shall apply to the fullest extent permitted by any applicable law. If you are a California resident, you hereby waive your rights under the California Civil Code section 1542 that provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Residents of other jurisdictions waive any similar rights under applicable and/or analogous laws.

(g) Notwithstanding the foregoing, the exclusion of certain warranties or the limitation or exclusion of liability may not be permitted by relevant laws in certain instances. Therefore, some of the limitations herein may not apply to you. In particular, nothing herein shall affect the statutory rights granted to consumers or restrict any liability for death or personal injury arising from our negligence or fraud.

12. UNCENSORED INFORMATION AND THIRD PARTIES

Our linking to such third-party sites or tie-up with third parties for the provision of the Services does not imply an endorsement, guarantee, approval or sponsorship of such third parties, or the information, products or services offered by or through such third parties. We do not warrant that the third-party sites or their client programs will not contain viruses or otherwise impact your computer. In addition, we do not control in any respect any information, products or services that third parties may provide or their business practices and policies.

YOU UNDERSTAND THAT CONTENT AND MATERIALS ON THE INTERNET MAY BE CREATED AND MAINTAINED BY THIRD PARTIES (SUCH AS USER MESSAGE BOARD) AND THAT PORTIONS OF SUCH MATERIALS MAY BE SEXUALLY EXPLICIT, OBSCENE, OFFENSIVE, OR ILLEGAL.

IN NO EVENT SHALL WE BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO THE CONDUCT OF ANY THIRD PARTY OR ANY MATERIALS, INFORMATION, PRODUCTS AND SERVICES FROM THIRD PARTIES, WHETHER SUCH THIRD PARTIES ARE OTHER USERS OR THIRD PARTY SERVICE PROVIDERS, VENDORS OR OPERATORS OF EXTERNAL SITES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FROM YOUR USE OF THE SERVICES AND INTERNET GENERALLY INCLUDING WITHOUT LIMITATION ANY OBLIGATIONS INCURRED IN YOUR DEALINGS WITH ANY THIRD PARTIES. WE DISCLAIM ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THOUGH HYPERLINKS OR IN ANY OTHER FORMS AND ANY OTHER THIRD PARTY PRODUCTS AND SERVICES.

13. INDEMNIFICATION

AT OUR REQUEST, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, THE Swipe Photo GROUP, OUR LICENSEES, DISTRIBUTORS, CONTENT PROVIDERS, AND OTHER USERS OF THE SERVICES, FROM ALL DAMAGES, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, CLAIMS, CAUSES OF ACTION, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES AND COSTS ON A FULL INDEMNITY BASIS, WHICH WE, THE Swipe Photo GROUP, OUR LICENSEES, DISTRIBUTORS, CONTENT PROVIDERS, AND OTHER USERS MAY HEREAFTER INCUR, SUFFER, OR BE REQUIRED TO PAY, DEFEND, SETTLE (SUBJECT TO ANY LIMITATIONS SET FORTH IN THIS AGREEMENT), OR SATISFY AS A RESULT OR ARISING OUT OF YOUR USE OR MISUSE OF THE SOFTWARE, THE ACCOUNT, THE SERVICES, PROMOTION PROGRAM, FREE IN-APP RESOURCE, PREMIUM IN-APP RESOURCE OR ANY OTHER SERVICES OR ANY BREACH OF THIS AGREEMENT BY YOU.

YOU AGREE THAT WE SHALL NOT BE OBLIGED TO BUT SHALL BE ENTITLED TO, AT YOUR EXPENSE, ASSUME THE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO PROVIDE YOUR FULL COOPERATION AND ASSISTANCE IN ANY SUCH CLAIMS, ACTIONS OR PROCEEDINGS.

14. TERMINATION

(a) We may suspend your Account and/or access through your Account for an indefinite period of time, terminate your Account and/or access through your Account and/or terminate this Agreement (including your license to the Services, Software and other services) immediately and without notice if you breach this Agreement or any terms of service or privacy policy of any third party platform (such as Facebook or mobile platforms) or merchant service provider or if we, in our sole discretion, believe you to have willfully infringed any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon use, game play, chat or any user activity whatsoever which is, in our sole discretion, inappropriate, an abuse and/or in violation of the spirit of Services and other services (including without limitation the circumvention or manipulation of any term of this Agreement. Notwithstanding any other provision under this Agreement, if the Services or your Account or your access through your Account is suspended, terminated or canceled for any of the foregoing reasons or length of time or if we terminate this Agreement under any such circumstances, you will lose access to your Account, the Services and Services characters including all In-App Resources whether Premium In-App Resource or Free In-App Resource, and we shall not have any obligation to refund any fees you paid or provide any other compensation for unused Premium In-App Resources or otherwise have any other liability to you whatsoever. We reserve the right to seek further legal remedies against you.

(b) Notwithstanding any other provision herein, you acknowledge that we further reserve the right to discontinue and terminate our promotion program as described in Clause 5and/or any and all Services and other services or your access thereto and all Accounts (subject to Clause 5 but without prejudice to any other of our rights under this Agreement or by law, in particular the provisions set out in clauses 11, 12, 13 and 16) at any time in the light of our budgeted operating costs, and in such case, you will lose access to the Services characters including all In-App Resources whether Premium In-App Resource or Free In-App Resource, and we shall not have any obligation to refund any fees you paid or provide any other compensation for unused Premium In-App Resources or otherwise have any other liability whatsoever to you.

(c) You acknowledge that we reserve the right to take action (in our sole discretion) including but without limitation, to maintain, manage, consolidate, switch, migrate, terminate, dispose, reduce, suspend, disclose, alter and administer your Account or Account ID, to delete, remove, suspend, disclose, change or alter your data, or to interrupt, suspend or terminate our Services to you, without prior notice, if you violated any term of this Agreement.

15. CHOICE OF LAW AND VENUE

This Agreement is governed by and shall be construed and enforced under the laws of Hong Kong, without applying any conflicts of law principles that would require application of the law of any other jurisdiction. You agree to submit to the personal exclusive jurisdiction in Hong Kong and any other court of competent jurisdiction chosen by us.

In the event of any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, (a “Dispute”), we strongly encourage that a resolution first be sought through our in-app feedback function.

You agree that in the event that a resolution is not obtained through our in-app feedback function, such Dispute shall be referred by you and may be referred by us to and finally resolved by the Courts of Hong Kong.

Notwithstanding any of the foregoing, you agree that we are entitled to submit such Dispute for resolution through any other dispute resolution mechanism including the courts of any jurisdiction and we shall further be entitled to seek any injunctive or other equitable relief in the event of any breach or anticipatory breach by you, without any obligations of providing any bond or surety or proof of damages.

You irrevocably waive all rights to seek any injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Services or any part thereof. You further irrevocably waive all rights to a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action.

16. GENERAL PROVISIONS

If we should at any time choose to provide you with a translation of the English language version of this Agreement, you agree that such translation is provided for your information only and does not amend this English version. In the event of any conflict between a translation of this Agreement and the English version, the English version shall prevail. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in force. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void, without our prior written permission. We may assign, transfer, sub-contract and/or sub-license the rights and obligations under this Agreement to any party at any time, without your prior written consent. This Agreement sets forth the entire understanding and agreement between us and you with respect to us, the Services, and this Agreement supersedes all prior agreements (oral or written, if any) between the parties. All notice given by you or required under this Agreement shall through in-app feedback function channel, and are effective on the date received.

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