Last update: January 10, 2022
· When you use our games or any of our services, you agree to these terms.
This agreement will manage your KuYu Changxiang Technology Co., Ltd. (hereinafter referred to as the " CoolFIish ") provided by the product, the content and services to access and use, such as game software and related updates, upgrades and features, and all online and mobile services, website and organized by cool fish swimming or related field activities (collectively referred to as " CoolFIish services").
· If you do not agree, please do not install or use our games or services.
To use CoolFIish services, you must agree to the following terms and conditions. If you do not agree, please do not install or use the CoolFIish services. For a resident of a particular country/territory, you agree to abide by the arbitration Agreement and class action Waiver set forth in Section 15 in resolving any dispute you enjoy with CoolFIish.
1. Intellectual property and ownership rights
The products and services we provide are for your personal, non-commercial use only. All intellectual property rights, ownership rights and other legitimate rights and interests of all contents related to the Products and services (including but not limited to data and information, materials, trade secrets, technologies, software, etc.) are owned by us or the owners of the contents. You may not modify, copy, distribute, transmit, display, perform, copy, distribute, license, create derivative works, transfer, sell or use any such content for any commercial purpose unless you have obtained prior legal authorization from us or the content rights holders. Please use the content we provide to you in accordance with this Agreement and provisions; For any content that you obtain through any means other than those provided to you by us, please immediately notify us of the access and scope of such content, and immediately destroy such content. If you fail to comply with the above provisions of this article, we have the right to immediately terminate the provision of part or all of the products and services to you, and we have the right to require you to bear the corresponding legal liabilities.
We own the data and information (including but not limited to game data and system derived data) generated by you in the process of using our products and services, and you are only entitled to use such data and information in accordance with this Agreement and relevant provisions.
2. Your rights
1) You may use the products and services provided by us in accordance with this Agreement and other provisions as updated and published by us from time to time.
2) During the use of the products and services provided by us, you have the right to supervise whether we and our staff provide products and services to you in accordance with the standards published by us, and you can also put forward comments and suggestions related to our products and services to us at any time.
3) If you do not agree with the terms of this Agreement, or have objections to the terms later updated by us, or are not satisfied with the products and services provided by us, you may choose to stop using our products and services. If you choose to stop using our products and services, we no longer assume any obligations and responsibilities to you.
3. Your obligations
1) You shall be equipped with computers, networks and other equipment required for the use of the products and services by yourself, and bear the costs of Internet access by yourself.
2) The products and services we provide to you are commercial activities, including paid content and free content. When users choose to charge content and services, they are obliged to pay the corresponding fees according to the charging items and standards determined and provided by us. If users use our products and services and refuse to pay service fees or refund after payment and consume resources, we may terminate providing all services to such users and reserve the right to demand repayment of service fees.
3) You agree to accept and use our products and services in accordance with the terms of this Agreement and other provisions, and you shall not use our products and services or participate in our activities by improper or other unfair means.
4) You shall not interfere with the normal provision of our products and services, including but not limited to the actions described in [9 Management Rules].
4. CoolFish Account
· You need a CoolFish game account to play the game. To create a game account, you must be a minimum age; If you are a minor, your parents must read and agree to these terms. If you violate this Agreement, CoolFish Can temporarily or permanently disable your game account. You can cancel your CoolFish game account or any CoolFish subscription at any time.
You are responsible for all actions of your game account. If other people use your CoolFish Game account to engage in activities in violation of this Agreement, your cool Fish Game account may be suspended or terminated. At the same time, you will be legally responsible for all activities and events conducted with your CoolFish Game account.
You can cancel your CoolFish Game account or your CoolFish Services subscription at any time by contacting the cool Fish Customer service department. In order to fulfill your requirements, Kuyu Enjoy may charge relevant fees or costs permitted by law, as well as any amounts owed to third party suppliers or content providers.
5. License
· CoolFish allows you to access our games and services for your personal use.
These CoolFish Services are licensed to you, not sold to you. The CoolFish Service License granted to you by CoolFish Service is personal, limited, non-transferable, revocable and non-exclusive, and subject to the agreement, you may use it for non-commercial purposes. You may not access, copy, modify or distribute any CoolFish Services, content or rights (as defined in the following terms) unless expressly authorized by CoolFish Privileges or permitted by law. You may not reverse engineer or attempt to extract or otherwise utilize the source code or other data of CoolFish Services, except when expressly authorized by CoolFish or permitted by law. CoolFish or its licensors own and reserve all other rights, including all rights, title and interest in the Services and related intellectual property rights.
6. Content and Rights
· CoolFish Offers games, features and content through a range of rights. Unlocking certain benefits requires virtual currency, which has no value outside of our game.
CoolFish Services including content and rights. The content includes software, technology, text, forum posts, chat room posts, profiles, plug-ins, messages, links, emails, music, sounds, graphics, pictures, videos, code and all audio-visual or other materials displayed or provided by CoolFish Services, as well as the design and appearance of our website. "Content" also includes user-generated content (" UGC "). UGC includes CoolFish accounts, roles, forum posts, profiles and other content left by users in CoolFish Services.
Rights and interests mean the right of CoolFish to authorize you to access or use elements of CoolFish online or offline. Benefits include access to digital or unlockable content; Additional or enhanced features (including multiplayer services); Subscription; Virtual assets; Unlock key or code, serial number or online authentication; In-game goals; Virtual points, coins, or currency.
We call these virtual points, coins or currency " CoolFish virtual currency." When you receive coolfish Free Virtual Currency from us or one of our authorized partners, you receive a personal, limited, non-transferable, non-exclusive, revocable license to access and elect the benefits expressly provided to you by CoolFish.
CoolFish virtual currency has no value and has no value outside of our products and services. CoolFish Virtual currency cannot be sold, traded, transferred, or exchanged for cash. It can only be exchanged for the available rights and interests of CoolFish Services. CoolFish Virtual currency is non-refundable and you have no right to request a refund for any unused coolfish free virtual currency. Once you enjoy the virtual currency exchange rights with CoolFish, the rights cannot be refunded, exchanged or refunded.
7. Whether to provide CoolFish Services and updates
· Our games and services may not always be available or run on all devices. We can also make updates or changes to our games and services that may affect your usage or game progress.
We do not warrant that any CoolFish Services, content or rights will be available in all regions at all times or at a specified time, or that specific CoolFish Services, content or rights will continue to be available for any particular period of time. There is no guarantee that the CoolFish service will be accessible on all devices or in all geographical locations through a particular Internet or connection provider.
CoolFish will update, change or modify a certain CoolFish Service, content or rights from time to time without notice to you. These updates and modifications may be necessary to continue using the CoolFish Service.
Some parameters may need to be updated or reset to balance the use of the game and the CoolFish Service. Such updates or "resets" may cause you to reverse your status in the relevant game and affect the character, game, team or other interests under your control.
CoolFish May also take actions against your CoolFish account and rights to protect you or your CoolFish account without notifying you, such as preventing unauthorized access, resetting the CoolFish Account password, suspending the CoolFish account access, deleting data or deleting the CoolFish account from the CoolFish Service.
8. Your UGC
· You allow CoolFish to enjoy and our players free use of any content (UGC) you upload or create in our games and services. You are responsible for your UGC, and it must be your own content or content that you can use.
You are responsible for your UGC. You may not upload UGC that infringes upon the intellectual property rights of third parties or violates laws, or this Agreement or the privacy and image rights of third parties.
UGC may, at its sole discretion, be deleted, edited or disabled for any reason, including if UGC reasonably determines that it is in violation of this Agreement. CoolFish assumes no responsibility or obligation for the deletion or non-deletion of UGC or other content. CoolFish does not pre-screen all UGCs, nor does it endorse or approve any UGCS available for CoolFish Services.
When you provide UGC, you grant CoolFish and its licensors a non-exclusive, perpetual, transferable, worldwide, sublicensible license to use, manage, store, copy, modify, Create derivative works, in any media or BBS in any way or form a public presentation, public display or in other ways to spread and exchange UGC or any part thereof, whether it is known or in the future, without notice to you or to any third party, to pay, also won't violate copyright ownership of any kind. You also grant to all other users who have access to and use your UGC on the CoolFish Service the right to use, copy, modify, display, play, create derivative works or otherwise communicate and distribute your UGC through the relevant CoolFish Service without further notice, attribution or compensation to you.
9. Management rules
· We hope you have a great time with our games. Therefore, we expect you, like all players, to respect cool fish and your fellow players. This means, for example, obeying the law, don't cheat, don't offend others, don't hack our software, don't send spam or use bots, don't lie to CoolFish or our players. Those are the main points. See Administration Rules for a complete list of behaviors you shouldn't have.
When you access or use the CoolFish Service, you agree that you will not:
1) Breach of any law, regulation or regulation.
2) Interfere with or destroy any CoolFish Service or any server or network used to support or provide a CoolFish Service, including any hacking into or cracking of a CoolFish Service.
3) Use any software or program that damages, interferes with or damages a particular service or another person's computer or property, such as denial-of-service attacks, spam, hacking, or uploading computer viruses, worms, trojans, deletion flies, spyware, deleted, damaged files and time bombs.
4) Disturb or destroy other players' use of a CoolFish Service. This includes disrupting the normal operation of the game, chatting or dialogue on the CoolFish Service, such as using vulgar or harassing language, abusive and excessive yelling (all caps), spam, and heavy or repeated hit of the enter key.
5) Harass, threaten, intimidate, embarrass, or spammy other players, or engage in any other undesirable behavior, such as repeatedly sending unwelcome messages, or making personal attacks or comments on race, sexual orientation, religion, tradition, etc. Hate speech is also unacceptable.
6) UGC generated or organized or participated in any inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, pornographic, defamatory, infringing, invading the privacy of others, or other activities, groups or associations that are reasonably objectionable.
7) Publish, announce, upload or publish illegal OR unauthorised UGC or content.
8) Publish, announce, upload or publish any content that CoolFish (reasonably and objectively) considers inappropriate, abusive, hateful, harassing, blasphemous, defamatory, threatening, obnoxious, obscene, pornographic, infringing, invading privacy, vulgar, offensive, indecent or illegal, such as theme, name, screen name, avatar.
9) Posting messages for any purpose other than personal correspondence. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activity.
10) Impersonating others or falsely claiming to be an employee or representative of Cool Fish.
11) Improper use of in-game support or complaint buttons, or sending false reports to CoolFish Staff.
12) Try to obtain the password, account information or other private information of CoolFish Services from any other person.
13) Use any payment method or refund system to access, purchase or return the CoolFish Services for fraudulent purposes, without the permission of the authorized owner, or suspected of criminal or other illegal activities.
14) Use any robot, spider or other automated device or process to access the CoolFish Services for any purpose, such as obtaining data, abusing the CoolFish Servicse, creating accounts or copying materials.
15) Modify any files or any other part of the CoolFish Services that you are not specifically authorized to modify.
16) Use or distribute unauthorized software programs or tools (such as "auto," "macro," "hack," or cheat software), or use bugs, defects, or problems in CoolFish Services to gain an unfair advantage.
17) Participate in or facilitate cheating or other anti-competitive practices (such as promotion, collusion, match or match fixing).
18) Use or distribute pirated software or CoolFish content, including CoolFish virtual currency.
19) Attempt to use or use the CoolFish Services on or through any service that is not controlled or authorized by CoolFish Services, or otherwise intentionally confuse your network connection, location or other metadata in order to access the CoolFish Services, make a purchase or otherwise access the CoolFish Services.
20) Without the explicit authorization of CoolFish, in the services of CoolFish or third party websites, or in the services related to any out-of-game transactions, Sell, purchase, trade or otherwise transfer or offer to transfer your CoolFish Account, any personal access to the CoolFish Services, or any CoolFish content (including CoolFish virtual currency and other benefits) associated with your CoolFish Account.
21) Do not provide your game account to others in any way, including but not limited to transferring, leasing, or lending it for activities such as live streaming, recording, or paid boosting services.
22) If a CoolFish Services requires you to create a "username" or "persona" to represent yourself in the game and online, you do not use a username or persona that is already used by others or that CoolFish has determined to be vulgar, offensive or infringing on the rights of others.
23) Participate in any other activities that seriously disturb the harmonious, fair and mutual respect game environment of CoolFish Services.
24) Use public information about users in any CoolFish sharing service (e.g. leaderboards) to engage in activities not related to the service, including attempting to identify such users in real life.
25) Promote, encourage or participate in any of the above prohibited activities.
· To enforce these rules, we can monitor your activity and remove any UGC. If you do not comply with these rules, we may issue a warning, suspend or permanently ban you from playing our games.
If you or any user of your CoolFish account violates these rules, you shall be solely liable for all resulting legal consequences and responsibilities. CoolFish reserves the right to impose penalties on your game account, including but not limited to: issuing warnings, restricting or prohibiting access to all or part of account features, deleting the game account and associated data or other relevant information, suspending the account, or permanently terminating the account. Any and all consequences arising from such actions shall be borne solely by you.
Specific CoolFish Services may also publish additional rules that apply to your conduct on these services.
When you encounter other users violating any of the rules, please use the Help or Report features in the relevant CoolFish service to report such activity to CoolFish.
CoolFish may, in its sole discretion, monitor or record online activity or CoolFish Services content and may, in its sole discretion, remove any content from any CoolFish Services. Remember, your communications and UGC on the CoolFish Services are public and visible to others.
10. Termination and other sanctions
· CoolFish may suspend or terminate your use of our Games and services without refund if you breach this Agreement or the law.
If we decide to shut down a game or service, we will give you at least 30 days' notice.
This Agreement shall remain in effect until terminated by you or CoolFish. CoolFish will terminate your access to and use of any CoolFish Services or suspend your CoolFish account if CoolFish determines that you have breached this Agreement or that your CoolFish account has otherwise engaged in illegal, incorrect or fraudulent conduct while using the CoolFish Services. CoolFish will notify you of this termination as far as practicable. You may lose your username and persona due to CoolFish account deactivation. If you have more than one CoolFish account, depending on the type of violation or misuse, CoolFish may terminate all of your CoolFish account and all of their associated benefits. If your CoolFish account is terminated, you will not be able to access your CoolFish account or benefits, and you may be prohibited from accessing or using any CoolFish Services again. Upon termination, your license under this Agreement also terminates.
Upon termination and prior to termination, CoolFish may warn you to suspend or change your access to specific CoolFish Services or your CoolFish account, remove or revoke CoolFish account or device-level rights, remove or remove any content that violates this Agreement, Or deny your device or machine access to a particular CoolFish Services. If CoolFish takes any of the actions described in this section, you will not be entitled to a refund (pursuant to any statutory refund rights) and will not be entitled to transfer any interest to your account or convert it to cash or other form of reimbursement.
CoolFish may terminate any CoolFish Services at any time within the affected CoolFish Services by email (if available) or by giving at least 30 days' notice on the CoolFish Web site service update page. After the termination of the online service, our games will not be subject to any software updates, and we cannot guarantee that our games will continue to run on newer operating systems or will be available for download through application distribution services such as the iOS App Store. After the online service is terminated, any games provided through such an application distribution service may be removed without further notice.
If you believe that any action taken against your account or device is wrong, please contact CoolFish customer service.
By terminating this Agreement, you agree to cease all use of the CoolFish Services.
11. Data use
· CoolFish collects information to run our business, improve our products and services, enforce our rules and communicate with you while you play our games (even offline).
CoolFish collects and stores data about your device when you use the CoolFish Services, including information about your device, operating system (such as IP address and device ID), your CoolFish Services usage, game and usage statistics, system interactions, and peripherals. If you use a CoolFish Services offline, such data will be stored on your device and transferred to CoolFish when your device is connected to the Internet. CoolFish uses such Information to conduct its business, improve its products and services, provide services and communicate with you (including for marketing purposes), provide software updates, dynamically push content and provide software support, enforce this Agreement and remove vulnerabilities or otherwise enhance your experience of use. CoolFish also collects, uses, stores, transmits, and publicly displays game statistics (including scores, rankings, and goals), or identifies content that you create and share with other players if you participate in the online service.
12. Warranty and scope of liability
· CoolFish does not make any promises regarding our software, but local laws in your country may contain certain warranties. The damages you can recover for legal claims are limited.
If you live in the European Economic Area (EEA), the United Kingdom or Switzerland, we will use reasonable care and skill to provide you with the CoolFish Services and make no other promises or guarantees regarding the CoolFish Services. If you live outside the European Economic Area, UK and Switzerland, the CoolFish Services is licensed and available "as is". You use at your own risk. To the maximum extent permitted by applicable law, CoolFish disclaims all warranties, express, implied or legal, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights and warranties arising from transaction, use or operation. CoolFish does not guarantee that your enjoyment of the Products or CoolFish Services will not be interfered with; CoolFish Services will meet your requirements; The CoolFish service will operate uninterrupted or free from errors, bugs, corruption, loss, interference, hacking, or viruses, or the CoolFish Services will be interoperable or compatible with any other software. CoolFish does not guarantee or warrant the provision of any third party products or services through CoolFish APP.
CoolFish, its employees, licensors and business partners will not be liable to you for any loss or damage arising out of your acts or breaches of this Agreement if you live in the European Economic Area, the United Kingdom or Switzerland, Nor shall we be liable to you for the consequences arising from the actions or omissions of third parties (or any other) beyond our control. CoolFish, its employees, licensors and business partners will not be liable to you, to the maximum extent permitted by applicable law, for any loss or indirect, collateral, consequential, punitive or special damage arising out of any breach of this Agreement by CoolFish, if you reside outside the European Economic Area, the United Kingdom and Switzerland. Excluded damages include, but are not limited to, financial loss (for example, loss of revenue or profit), cost of alternative products or services, interruption or cessation of business, loss of data, loss of goodwill, and computer failure or failure. This limitation applies to any claim arising out of or in connection with this License Agreement or the CoolFish Services, whether based on contract, tort, law, strict liability or otherwise. This applies even when CoolFish is or should have been aware of the possibility of such damage. You can only recover direct damages and not more than the amount you actually paid for the CoolFish service. CoolFish does not limit its liability for fraud, gross negligence, malicious misconduct, or personal injury or death. Some jurisdictions do not allow the above exclusionary provisions and restrictions, and therefore, some or all of the exclusionary provisions and restrictions may not apply to you.
13. General terms
A. Entire Agreement
· This agreement can only be changed in writing signed by CoolFish.
This License Agreement and any other CoolFish terms that govern your use of the CoolFish Services constitute the entire agreement between you and CoolFish. This License Agreement may not be modified or amended, except with CoolFish's written consent. CoolFish's failure to exercise any right under this Agreement shall not constitute a waiver of this right or any other right. If any part of this Agreement is deemed unenforceable, all other parts of this Agreement shall remain in full force and effect.
B. the export
· You must comply with all export laws and you agree that you are not a prohibited individual under export laws.
You agree to comply with Chinese and other applicable export control laws and agree not to transmit CoolFish Services to foreign countries or national destinations prohibited by such laws. You also acknowledge that you are not a person prohibited by these export administration laws from doing business with CoolFish.
C. administration
Any dispute arising out of or in connection with this Agreement shall be settled by the parties through friendly negotiation. If no agreement can be reached through negotiation, the dispute shall be submitted to the court with jurisdiction in the place where this Agreement is signed (chaoyang District, Beijing) for settlement.
14. Changes to the Agreement
· CoolFish may update this Agreement from time to time. If you do not agree to some meaningful changes, you may not be able to play our game.
CoolFish may modify this license agreement from time to time, so please review this license agreement frequently. By continuing to use the CoolFish Services, you accept these changes. If you are asked to accept material changes to this License Agreement and you refuse to do so, you will not continue to use the CoolFish Services provided to you.
15. Settle disputes through binding arbitration
If you have a dispute, you agree to send the details in writing to CoolFish for arbitration. You agree that any claims you bring against CoolFish are made in your capacity as an individual and not as a member of a group, a group representative or part of a class action.
This section applies to all consumers and persons who accept the terms of this Agreement. By accepting the terms of this license Agreement, you and CoolFish expressly waive your right to jury trial and your right to participate in a class action lawsuit.
This section 15 provides a simplified way to resolve disputes between us. Most of your problems can be resolved quickly and successfully by contacting CoolFish customer service. If CoolFish is unable to resolve your problem, you and CoolFish agree to resolve any and all disputes between us in accordance with the procedures described in this Section.
This Section 15 is an agreement between you and CoolFish and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and trustees.
A. Claims covered by arbitration
All disputes, claims or disputes arising out of or in connection with this Agreement, any CoolFish Services and their marketing or your relationship with CoolFish, including the validity, enforceability and scope of this Section 15 (the "Disputes"), shall be subject to a binding arbitral award. This includes claims arising before you sign this Agreement. Disputes not covered by this Section 15 are (I) claims for infringement, protection, or validity of trade secrets, Copyrights, trademarks, or patents of you, CoolFish, or CoolFish's licensors; (ii) enforcement of statutory consumer rights under Australian Consumer Law if you reside in Australia; And (iii) claims before the Small claims Court.
B. Informal negotiations
You and CoolFish should first attempt to resolve any dispute informally at least 30 days prior to initiating arbitration. Informal negotiations commence upon receipt of written notice from one party to the other (hereinafter referred to as "Notice of Dispute"). The dispute notice must :(a) include the full name and contact information of the complainant; (b) Describe the nature and underlying circumstances of the claim or dispute; And (c) filing specific claims for relief. CoolFish will send its dispute notification to your billing or email address. You need to send a dispute notice to: custom_service@CoolFishgames.com.
C. Binding arbitration
If you and CoolFish are unable to resolve the dispute informally, you or CoolFish may elect to resolve the dispute fully and separately through binding arbitration. Arbitration by either party shall be final and binding upon the other party. The arbitration shall be administered by Beijing Arbitration Commission and amended as follows:
A party may propose any decisive motion or motion during the proceedings.
The arbitrator shall make his decision in writing, which shall include the results and conclusions upon which the award is based. The arbitrator shall have the power to issue any relief permitted by applicable law, but shall not issue any relief on any basis other than personal circumstances. The arbitrator shall have the power to award declaratory relief or injunctive relief only in favor of the individual applying for relief and only to the extent that the individual claimant has a reasonable amount of relief.
The arbitrator must comply with the relevant laws, otherwise the parties may challenge any award. You and CoolFish may apply to the court for mandatory arbitration, suspension of pending arbitration, or confirmation, modification, vacation, or judgment of the arbitrator's award.
D. limit
You and CoolFish agree not to claim all disputes as complainants or members of any group or proxy action, but only as individuals against the other party. Arbitration shall not merge the claims of other persons with your claims and shall not support any type of representation or class action. If clause D is not enforceable, this arbitration agreement shall be null and void.
E. Amendment to this Arbitration Agreement
CoolFish will not enforce material changes to this Award Agreement, except when you expressly consent to such changes.
F. Severability
If any provision of this Section 15 (other than the class action waiver clause described in paragraph D above) is held unenforceable by excluding a particular claim or remedy (e.g. public injunctive relief), then the claim or remedy (and only the claim or remedy) must be separated from arbitration and may be pursued in court, Any remaining claims or compensations will be settled by arbitration. If any provision of this Section 15 (other than the class action waiver clause described in paragraph D above) is held to be unenforceable for any reason, that provision will be severed from this Section 15 and the remainder of this Section 15 will remain in full force and effect.