These Terms of Service ("TOS") apply to you and towerush ("towerush") regarding your use of towerush's games, websites and related services ("Services").
For U.S. residents, these TOS contain a binding arbitration clause in the "Binding Arbitration/Block Waiver'' section, as well as a class action waiver that affects your right to resolve disputes. If you live in the US, please read it carefully. Unless you opt out, and except for certain types of disputes described in the "Binding Arbitration/Block Waiver'' section, you agree that any disputes arising between you and towerush will be resolved by binding individual arbitration, and you agree that Waiver of your right to participate in any class action or class arbitration.
As a prerequisite to using the Services, you must agree to these TOS. If you accept these TOS, you are at least 13 years old. If you are between the ages of 13 and 17, or are not authorized to enter into agreements such as such TOS, you represent that your legal guardian or person with parental responsibility has reviewed and agreed to these TOS.
By using or otherwise accessing the Services, you agree to these TOS. If you do not agree with these TOS, you must not use or otherwise access the service.
You may need an internet connection to access or use the Services. You are responsible for any internet connection or mobile charges that you may incur to access or use the Services.
If you access the Services from Facebook or other third-party platforms, you agree to be bound by that platform's Terms of Service and these TOS.
towerush may post additional terms or policies related to individual services or specific components of the services. Your rights to use the Services are governed by the relevant terms and policies and these TOS.
Pursuant to these TOS, towerush hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the service for your personal, non-commercial use. The rights granted to you depend on your compliance with these TOS.
You will not receive any other licenses other than those set out above. towerush reserves all right, title and interest in the Services, including but not limited to all copyrights, trademarks, trade secrets, trade names, title, patents, proprietary rights, computer code, audiovisual effects, themes, characters, character names, stories, dialogues, settings , artistic works, sound effects, musical compositions, game recordings made using the Services, moral rights and all applications thereof. Except as expressly authorized by applicable law, the Services may not be reproduced, reproduced or distributed in whole or in part in any manner or medium without the prior written consent of towerush. towerush reserves all rights not expressly granted to you herein.
The Service and its content are licensed, not sold. You agree that you have no right or title to any content appearing in the Service, whether acquired in the Service or from towerush or its authorized partners.
If you are a consumer in a member state of the European Union or European Economic Area (“EEA”), this section applies to you.
You may have the right to opt out of these TOS within 14 days from the date of your consent. You do not need to state the reasons for exercising your right of withdrawal. To opt out of these TOS, you must notify towerush of your decision to opt out and stop using the service.
To notify towerush of your decision to opt out, you must email yanglin12389@outlook.com an ambiguous statement of your decision. You can use the included model withdrawal form, but it is not required. In order to meet the deadline, you only need to send a communication regarding your exercise of the right of withdrawal before the withdrawal period expires.
directly or indirectly use any cheats, exploits, automated software, bots, hackers, mods or any unauthorized third party designed to modify or interfere with software service.
Use the Services in violation of any applicable law or regulation.
Use the Services for commercial purposes, including but not limited to advertising, soliciting or transmitting any commercial advertisements, such as spam, chain letters, pyramid schemes or other get-rich-quick schemes.
Use the Services for fraudulent or abusive purposes, including but not limited to using the Services to impersonate any person or entity, or otherwise misrepresent your relationship with a person, entity, or service;
disrupt, interfere with, or otherwise detriment to the normal flow of the Services affect, or otherwise may negatively affect the experience of other users when using the Services.
Disrupt, aggravate or aid or assist the interruption or overload of any computer or server used to provide or support the Services.
Attempt to gain unauthorized access to the Service or a computer, server or network connected to the Service by any means other than the user interface provided by towerush, including but not limited to bypassing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or Modify any security, technology, equipment, encryption or software that is part of the Service.
Post any information, content or other material (or post a link to any information or content) that contains nudity, excessive violence or abusive, threatening, obscene, defamatory, libelous or racial, sexual, religiously offensive or otherwise objectionable. Engage in persistently harmful behavior, such as repeated unsolicited postings. Attempt to harass, abuse or harm others, or advocate or incite harassment, abuse or harm to others, groups, including towerush employees, directors, officers and customer service representatives.
Making available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity or other right of any person or entity, or impersonates any other person, including, without limitation, to towerush employees, directors or officers .
Unless specifically authorized by applicable law, attempt to decompile, reverse engineer, disassemble or crack any Service, or destroy or overcome any encryption technology or security measures or data transmitted, processed or stored by Information obtained from the Services by any method expressly permitted. Solicit or attempt to solicit any personal information from other users of the Services. Obtain, scrape, or collect any information about or about other people using the Services through the use of pixel tags, cookies, GIFs, or similar items (sometimes called spyware).
Post anyone's private information through the Services, including personally identifiable information/personal data (whether in the form of text, images or video), identification documents or financial information.
Engage in any behavior that towerush deems to be in conflict with the spirit or intent of the service, or improperly use towerush's support services.
Services may allow you to create content (collectively, "User Contributions").
In exchange for using the Services, you hereby grant towerush a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sublicensable worldwide right and license to use your User Contributions in any way and for any purpose, including but not limited to The right to reproduce, adapt, modify, perform, display, publish, broadcast, transmit or otherwise communicate to the public in any current or future manner, and the right to distribute your User Contributions without any further notice or compensation to any of you kind. To the extent not expressly prohibited by applicable law, you hereby waive any property rights, publishing rights, reputational rights, or Attribution and Services and Related Services. The above license granted to towerush and waiver of any applicable moral rights will survive termination of this TOS.
towerush and its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (such as game or other product ideas, stories, scripts, artwork, musical or audiovisual works, concepts or any other creative material ), via any transmission method ("Unsolicited Content"). Please do not submit any unsolicited content to towerush or its directors, officers or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be considered confidential, regardless of whether the Unsolicited Content, any accompanying message or elsewhere has anything to the contrary statement. You further agree that such unsolicited content may be used and exploited by towerush without compensation to you or any third party, and that you grant towerush a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, sublicensable and renewable Assign (in whole or in part) a worldwide license to use, exploit, reproduce, transmit, modify, display and display the Unsolicited Content in all current or future media for any purpose and create derivative works from the Unsolicited Content work.
If you are a resident of the United States or otherwise make any claim against towerush in the United States, you expressly agree to any relationship between you and towerush arising out of any service, including in connection with these TOS or the towerush Privacy Statement. Disputes concerning the applicability, enforceability or validity of any provision (collectively, "Disputes'') shall be brought before a commercial arbitrator of the American Arbitration Association ("AAA"), not in court, as described herein . Arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems applicable, the Supplementary Procedures for Consumer-Related Disputes (collectively, the "Rules and Procedures''). You acknowledge that you voluntarily and knowingly waive your other rights to trial by jury and to bring suit in state or federal court.
Payment of arbitration fees will be subject to the AAA's fee schedule unless you can demonstrate that your portion is excessive compared to litigation costs, in which case towerush will pay the arbitration fees the arbitrator deems necessary to prevent comparisons with litigation costs , the arbitration fee is too high. towerush also reserves the right, in its sole discretion, to be liable for all arbitration fees levied by the AAA. Each party agrees to pay its own attorneys' fees and expenses, unless governing law requires the prevailing party to pay attorneys' fees and expenses.
The arbitration may be conducted in Los Angeles, California, or at your request, in the city where the AAA has an office closest to your location. The arbitrator's award shall be final and binding on you and towerush and may be submitted as a judgment in any court of competent jurisdiction.
For more information about the AAA, its rules and procedures, and how to file an arbitration claim, you can visit the AAA website.
As an exception to the binding arbitration rules, to the extent the dispute arises: towerush's intellectual property rights in any way; of Any claims related to or arising out of the allegations in the Guidelines section; claims for legal relief;
then the parties agree that one party may seek injunctive relief (or an equivalent type of emergency legal relief) in any court having jurisdiction over the other. In addition to the foregoing, either party may bring an individual action in small claims court for claims within the jurisdiction of that court in lieu of arbitration.
To the extent permitted by applicable law, all disputes shall be resolved by binding individual arbitration. You expressly agree that no other dispute shall be joined or consolidated with your dispute, whether through class arbitration proceedings or otherwise. You and towerush agree that no dispute shall be entitled or authorized to be arbitrated on a class action basis or utilizing class action proceedings, and no dispute shall be entitled or authorized to be arbitrated in a so-called representative capacity or as a private attorney general, and that any arbitration shall not be with any other Arbitration Consolidation.
You may choose not to perform your arbitration obligations. If you do so, neither you nor towerush can require the other party to participate in the arbitration process. towerush will give 30 days' notice of any changes to this section "Binding Arbitration/Block Waiver '' through the Services or other similar means. Changes will take effect on the 30th day and will only apply to any claims arising after the 30th day.
Without limiting any other remedies available to towerush, if towerush believes that you have violated these TOS, towerush reserves the right to take any of the following actions, individually or jointly, and whether or not without Upon notification to you: (i) stop or suspend your service; (ii) limit or terminate your access to the service.
Services towerush does not guarantee that the Services will always be available or will continue to be available in the future. Services may be temporarily unavailable due to technical problems or maintenance-related reasons, which may occur periodically or irregularly. Additionally, the Services or portions thereof may be designed to be available only for a limited time (for example, when content is seasonal or provide early access for development versions of games), or their lifecycle may be subject to technological developments or changes Influence in consumer behavior. Therefore, towerush reserves the right to stop providing and/or supporting the Services or parts thereof (such as games or features of games) at any time, at which time your license to use the Services or such parts will automatically terminate.Where appropriate, towerush will take reasonable steps to give advance notice of any service or part thereof being discontinued. However, if towerush believes that you or any other user creates a risk of legal liability or infringes the intellectual property rights of a third party or fails to act in accordance with the letter or spirit of these TOS.
Services may have limited compatibility between different devices and operating systems. It is your responsibility to verify that the Service is compatible with your device and its operating system. Typically, more information on compatibility requirements is available upon first use or download (for example, in the relevant app store).
Services are designed to evolve over time. Therefore, towerush may change, manage, modify or update the Service or parts thereof from time to time. This may result in the addition, removal or modification of content or functionality (such as adding or removing game modes or areas, or changing appearance or functionality). towerush may, at its sole discretion, make any such changes as it deems necessary to maintain and improve the Services, including but not limited to introducing, modifying or removing game content and features in accordance with towerush's development roadmap to accommodate new technologies, reflecting towerush's cooperation with third parties Protocol changes, prevent abuse or technical issues, and address any legal, security or regulatory requirements. When changes are made to the Services, you may need to download and install updates to continue using them. If you do not do so, you may not be able to access or use the Service or parts of it.
To the maximum extent permitted by applicable law, the service is provided to you "as is'', without any form of guarantee. The service may be defective and your use is at your own risk. towerush disclaims any and all warranties, express, implied or statutory, including guarantees of condition, uninterrupted use, data accuracy (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of Third Party Rights and Warranties (if any) arising in the course of dealing, use or trade practice. towerush does not warrant that it will not interfere with your enjoyment of the service; that the service will meet your requirements; that the operation of the service will be uninterrupted or error-free; that the service will be interoperable or compatible with any other service; or that any errors in the service will be corrected. Any oral or written advice provided by towerush, its employees or other representatives does not constitute a guarantee.
Some jurisdictions do not allow the above disclaimer; therefore, the above terms may not apply to you. Instead, in such jurisdictions, the above disclaimer applies only to the extent permitted by the laws of such jurisdictions. In addition, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe any legal rights you may have as a consumer of the Services. Specifically, if you are a consumer of the EEA, you receive a legal guarantee of compliance under which towerush may be liable for non-compliance you discover: (i) within two years of any one-off supply of service; or (ii) at any time during any continuing service.
In no event shall towerush be liable for special, incidental or consequential damages arising from access, use or service failure, including but not limited to property damage, loss of goodwill, equipment failure or malfunction and as permitted by law. To the extent, any cause of action (whether in tort, contract, strict liability or otherwise, and whether towerush has been advised of the possibility of such damages) arising out of or in connection with this TOS or the Services.For the purposes of this section "Limitations of Liability'', towerush's licensors and other partners are third-party beneficiaries of the limitations of liability set forth herein and may enforce these TOS against you.
Some jurisdictions do not allow certain limitations of liability, such as those described in this section; therefore, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this section shall apply only to the extent permitted by the laws of such jurisdictions. In addition, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe any legal rights you may have as a consumer of the Services.
You agree to indemnify towerush and its subsidiaries (and the officers, directors, agents, joint ventures, shareholders and employees of towerush and its subsidiaries) from any claim, demand, damage or other loss (including reasonable attorneys' fees) , defend and hold harmless from any third party claims arising out of or arising out of your use of the Services or your breach of these Terms of Service; Not applicable.
Services may link to or otherwise provide third-party products or services, including but not limited to through third-party advertising. These products and services are subject to the terms and conditions of the respective third parties. Please read these third-party terms and conditions carefully, as they constitute an agreement between you and the relevant third-party service provider to which towerush is not involved. You understand that towerush neither endorses nor makes any commitment to the content, goods or services provided by such third parties. towerush is not responsible for any loss or damage caused by such third parties or for any expenses you incur as a result of such third parties. You understand that when you provide data to such third parties, you do so in accordance with their privacy policies (if any), and you understand that towerush's privacy statement does not apply to such data.
Notwithstanding the "Binding Arbitration/Block Waiver '' section, towerush may update these TOS from time to time in response to changing legal, technological or business developments. When towerush updates these TOS, towerush will take appropriate steps to notify you through the service or otherwise, based on the importance of the changes.
If you are a resident of the United States, these TOS are governed by the laws of the State of California and applicable federal law, with the exception of the "Binding Arbitration/Block Waiver" section, without regard to conflict of laws provisions.
If you are a resident outside the United States, you agree that all disputes between you and towerush will be governed by the laws of Finland, regardless of conflict of laws provisions. You agree that any claim or dispute you may have against towerush must be exclusively resolved by the courts located in Espoo, Finland. If you are a consumer of the EEA, you can also use the online dispute resolution platform provided by the European Commission as an out-of-court alternative to resolving disputes. Please note that towerush may not be required to accept the use of this or other alternative dispute resolution platforms.
If your jurisdiction of residence prohibits towerush from enforcing the governing law, nothing in these TOS limits your rights under the laws governing your place of residence.
Entire Agreement. These TOS set forth the entire agreement between you and towerush with respect to the Services and supersede all earlier agreements and understandings between you and towerush.
Task. towerush may assign these TOS in whole or in part to any person or entity at any time, with or without consent, as long as such assignment does not reduce your rights under these TOS. You may not assign or delegate any rights or obligations under this TOS without the prior written consent of towerush, and any unauthorized assignment or delegation by you will be void.
Divisibility. If any provision of these TOS is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of this TOS will remain in full force and effect. towerush's failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
No waiver. towerush's failure to exercise or enforce any of its rights under these TOS does not constitute a waiver of its right to enforce such rights. Any waiver of such rights will only be effective if made in writing and signed by an authorized representative of towerush.
Contact information. If you have any questions about these TOS, please contact yanglin12389@outlook.com