Terms and Conditions

**LAST UPDATE: SEPTEMBER 28, 2025**

**IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15.**

ENGINES OF FURY IS A SKILL-BASED VIDEO GAME PUBLISHED BY PROSPERITY JOINT LIMITED ("WE", "US" OR "OUR"), A COMPANY INCORPORATED AND REGISTERED IN HONG KONG WITH ITS REGISTERED OFFICE AT UNIT A, 3/F, CHEONG SUN TOWER, 116-118, WING LOK STREET, SHEUNG WAN, HONG KONG. PLEASE READ THESE TERMS (COLLECTIVELY WITH OUR PRIVACY POLICY, THE "TERMS OF USE") FULLY AND CAREFULLY BEFORE USING THE ENGINES OF FURY WEBSITE AT WWW.EOF.GG (THE "SITE"), THE ENGINES OF FURY DESKTOP APPLICATION (THE "PLATFORM") AND THE SERVICES, FEATURES OR CONTENT OFFERED BY US AND OUR AFFILIATES AND SUBSIDIARIES IN CONNECTION WITH THE PLATFORM.

BY USING THE SITE, DOWNLOADING THE PLATFORM VIA THE EPIC GAMES STORE, OR USING ANY APPLICATION INTEGRATED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS OF USE IN THEIR ENTIRETY, AND YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE, DO NOT USE THE PLATFORM. DECLINING TO ACCEPT THESE TERMS OF USE MEANS YOU MAY BE UNABLE TO USE THE PLATFORM.

TO USE THE PLATFORM, YOU MUST: (A) BE 18 YEARS OR OLDER; (B) BE PHYSICALLY LOCATED IN A JURISDICTION WHERE THE PLATFORM IS PERMITTED AND UNRESTRICTED BY APPLICABLE LAWS; AND (C) COMPLY WITH THESE TERMS OF USE AT ALL TIMES. WE RESERVE THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCESS WITHOUT NOTICE IF YOU BREACH ANY OF THESE CONDITIONS.YOU MAY NOT ACCESS OR USE THE PLATFORM IF YOU ARE LOCATED IN, A RESIDENT OF, OR ACCESSING FROM ANY OF THE FOLLOWING RESTRICTED JURISDICTIONS, INCLUDING: AFGHANISTAN, ALGERIA, BANGLADESH, BELARUS, BELGIUM, BOLIVIA, CENTRAL AFRICAN REPUBLIC, CHINA (INCLUDING HONG KONG SAR FOR RESTRICTED ACTIVITIES), COTE D'IVOIRE (IVORY COAST), CUBA, DEMOCRATIC REPUBLIC OF THE CONGO, EGYPT, ETHIOPIA, HAITI, INDIA, IRAN, IRAQ, LEBANON, LIBERIA, LIBYA, MALI, MOROCCO, MYANMAR (BURMA), NEPAL, NETHERLANDS, NICARAGUA, NIGERIA, NORTH KOREA, QATAR, RUSSIA (INCLUDING CRIMEA, DONETSK, AND LUHANSK REGIONS), SOMALIA, SOUTH KOREA, SOUTH SUDAN, SUDAN, SYRIA, TUNISIA, UKRAINE (OCCUPIED REGIONS), VENEZUELA, YEMEN, ZIMBABWE.YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR JURISDICTION IS NOT RESTRICTED AND FOR COMPLYING WITH ALL APPLICABLE LAWS, INCLUDING SANCTIONS AND VIRTUAL ASSET REGULATIONS. ACCESS FROM RESTRICTED JURISDICTIONS IS VOID AND PROHIBITED. WE MAY USE GEOLOCATION OR OTHER MEASURES TO ENFORCE THIS, BUT YOU BEAR ULTIMATE RESPONSIBILITY. WE RESERVE THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCESS WITHOUT NOTICE SHOULD YOU BE IN BREACH OF ANY OF THE ABOVE CONDITIONS.

VARIOUS LAWS AND REGULATIONS GOVERN DIGITAL ASSETS AND MAY IMPACT YOUR ELIGIBILITY TO USE THE PLATFORM OR CERTAIN FEATURES OF THE PLATFORM ("REGULATIONS"). THESE REGULATIONS ARE ESTABLISHED BY INDIVIDUAL STATES, COUNTRIES, TERRITORIES, OR JURISDICTIONS. AS A RESULT, THE PLATFORM MAY PROHIBIT YOUR ACCESS IN ANY JURISDICTION WHERE SUCH ACTIVITIES ARE NOT PERMITTED UNDER LOCAL REGULATIONS ("RESTRICTED JURISDICTION"). IF YOU ARE LOCATED IN A RESTRICTED JURISDICTION, YOU ARE NOT PERMITTED TO USE THE PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING WHETHER YOUR LOCATION IS A RESTRICTED JURISDICTION.

IN ADDITION TO GAMING REGULATIONS, YOU MAY BE SUBJECT TO OTHER LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS, RULES, AND REGULATIONS OF THE LOCATION WHERE YOU RESIDE OR ACCESS THE PLATFORM (COLLECTIVELY, "APPLICABLE LAWS"). IT IS YOUR SOLE RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS. ACCESSING THE PLATFORM MAY NOT BE LAWFUL FOR RESIDENTS OR INDIVIDUALS PHYSICALLY LOCATED IN CERTAIN AREAS. PARTICIPATION IN THE GAME OR THE PLATFORM IS VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. YOUR PARTICIPATION IS AT YOUR OWN RISK, AND YOU AGREE NOT TO HOLD US LIABLE IF APPLICABLE LAWS PREVENT OR RESTRICT YOUR ACCESS OR PARTICIPATION. WE MAKE NO GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING THE LEGALITY OF YOUR PARTICIPATION IN THE GAME OR YOUR USE OF THE PLATFORM. NO PERSON AFFILIATED WITH OR CLAIMING AFFILIATION WITH US IS AUTHORIZED TO MAKE SUCH REPRESENTATIONS OR GUARANTEES.

ACCESS TO THE BASE GAME REQUIRES AN EPIC GAMES STORE (EGS) ACCOUNT FOR DOWNLOAD AND LAUNCH. NO SEPARATE ACCOUNT CREATION WITH US IS MANDATORY FOR CORE GAMEPLAY. HOWEVER, FOR OPTIONAL BLOCKCHAIN FEATURES YOU MAY NEED TO CONNECT IMMUTABLE PASSPORT, A THIRD-PARTY SERVICE THAT PROVIDES SECURE BLOCKCHAIN TRANSACTIONS AND IDENTITY VERIFICATION. BY USING THE GAME, YOU AGREE TO THE TERMS AND CONDITIONS OF IMMUTABLE PASSPORT, AND THE COMPANY IS NOT RESPONSIBLE FOR ANY ISSUES ARISING FROM ITS USE. WE MAY REQUIRE KYC/AML VERIFICATION FOR SUCH OPTIONAL FEATURES TO COMPLY WITH APPLICABLE LAWS.

YOU ARE SOLELY RESPONSIBLE FOR THE ACTIVITY THAT OCCURS VIA YOUR EGS ACCOUNT, IMMUTABLE PASSPORT ACCOUNT OR ANY LINKED WALLET, AND FOR KEEPING YOUR CREDENTIALS SECURE AND CONFIDENTIAL. YOU ARE ALSO SOLELY RESPONSIBLE FOR ANY USE OF ANY PAYMENT METHODS (SUCH AS YOUR DIGITAL WALLET, FOR EXAMPLE) INITIATED OR ENABLED BY OR THROUGH YOUR EGS ACCOUNT OR LINKED WALLET AND YOU AGREE TO NOTIFY US IMMEDIATELY UPON ANY UNAUTHORIZED USE OR OTHER BREACH OF SECURITY YOU BECOME AWARE OF.

OUR PLATFORM PROVIDES AN OPTION TO INTERACT WITH CERTAIN DECENTRALIZED CRYPTOGRAPHIC PROTOCOLS, IN CONNECTION WITH THE ENTERTAINMENT FEATURES OF THE PLATFORM WITHOUT REPRESENTING INVESTMENTS OR FINANCIAL INSTRUMENTS, BY LINKING IT WITH EXTERNAL THIRD-PARTY PROVIDERS (SUCH AS IMMUTABLE PASSPORT), WHICH ALLOW YOU TO TRANSFER, UTILISE IN-GAME OR OTHERWISE ENGAGE WITH SUPPORTED ON-CHAIN TOKENISED IN-GAME ASSETS, THAT MAY PROVIDE UTILITY WITHIN THE PLATFORM, SUCH AS UNLOCKING OPTIONAL FEATURES, PROGRESSION PATHS, AND ACCESS TO CERTAIN IN-GAME ITEMS VIA SKILL-BASED GAMEPLAY.

ON-CHAIN TOKENISED IN-GAME DIGITAL ASSETS, INCLUDING VARIOUS IN-GAME MATERIALS, ASSETS, WEAPONS OR ACCESSORIES (COLLECTIVELY, "IN-GAME DIGITAL ASSETS"), MAY BE RECEIVED THROUGH SKILL-BASED GAMEPLAY IN THE PLATFORM. IN-GAME DIGITAL ASSETS CAN ALSO BE ACQUIRED THROUGH EXTERNAL PLATFORMS SUCH AS EXCHANGES THAT INDEPENDENTLY CHOOSE TO LIST IT; THIRD-PARTY PLATFORMS (E.G., TOKENTROVE.COM), WHICH INDEPENDENTLY ORGANIZE AND DISTRIBUTE IN-GAME DIGITAL ASSETS; TRANSFERS OR SWAPS WITH OTHER PLAYERS OUTSIDE THE PLATFORM'S ECOSYSTEM, INCLUDING VIA EXTERNAL THIRD-PARTY PLATFORMS. THE COMPANY ITSELF DOES NOT CONDUCT ANY INVESTMENT OFFERINGS OR IN-GAME DIGITAL ASSET PLACEMENTS, AND ANY EXTERNAL ACQUISITIONS ARE ENTIRELY AT THE PLATFORM'S USERS OWN RISK.

YOU AGREE THAT ALL YOUR IN-GAME DIGITAL ASSETS THAT ARE ON THE PLATFORM MAY BE FORFEITED IF YOUR ACCESS IS TERMINATED OR SUSPENDED FOR ANY REASON OR IF WE DISCONTINUE PROVIDING ANY OR ALL PORTIONS OF THE PLATFORM. WE HAVE THE ABSOLUTE RIGHT TO MANAGE, REGULATE, CONTROL, MODIFY AND/OR ELIMINATE ANY OR ALL UTILITY OF IN-GAME DIGITAL ASSETS WITHIN THE PLATFORM AS WE SEE FIT IN ITS SOLE DISCRETION.

IN-GAME DIGITAL ASSETS ARE NOT INTENDED FOR OUTSIDE THE PLATFORM USE AND DO NOT REPRESENT A STORED VALUE. ANY ATTEMPT TO USE IN-GAME DIGITAL ASSETS OUTSIDE THE PLATFORM IS DONE AT YOUR OWN RISK, AND WE ASSUME NO RESPONSIBILITY FOR LOSSES OR DISPUTES RESULTING FROM SUCH ACTIONS. WE MAY REQUIRE KYC/AML VERIFICATION FOR COMPLIANCE WHERE APPLICABLE.

ENGINES OF FURY IS A SKILL-BASED WHERE IN-GAME PROGRESS, REWARDS, AND LEADERBOARD RANKINGS ARE TIED TO PLAYER SKILL, SUCH AS SUCCESSFUL RAIDS, PVP VICTORIES, SKILLFUL MANAGEMENT OF INVENTORY, CRAFTING QUEUES AND LEADERBOARD PERFORMANCE.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE ALL PROPRIETARY RIGHTS IN THE PLATFORM, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS PERTAINING THERETO. THE PLATFORM INCLUDES COPYRIGHTABLE MATERIAL, TRADEMARKS, AND OTHER PROPRIETARY INFORMATION, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, TEXT, SOFTWARE, PHOTOS, VIDEO, AUDIOVISUAL RECORDINGS, GRAPHICS, MUSIC AND SOUND. THE ENTIRE CONTENTS OF THE PLATFORM ARE COPYRIGHTED AS A COLLECTIVE WORK UNDER COPYRIGHT LAWS, AND WE OWN A COPYRIGHT IN THE SELECTION, COORDINATION, ARRANGEMENT, AND ENHANCEMENT OF SUCH CONTENT. YOU MAY NOT MODIFY, PUBLISH, TRANSMIT, PARTICIPATE IN THE TRANSFER OR SALE, CREATE DERIVATIVE WORKS, OR IN ANY WAY EXPLOIT ANY OF THE CONTENT IN WHOLE OR IN PART WITHOUT OUR PRIOR WRITTEN CONSENT. YOU MAY NOT UPLOAD COPYRIGHTED, TRADEMARKED OR PROPRIETARY RIGHT PROTECTED MATERIAL, NOR MAY YOU UPLOAD UNAUTHORIZED COPIES OF SUCH MATERIAL TO THE PLATFORM.

PROVIDED THAT YOU ARE ELIGIBLE FOR USE OF THE PLATFORM, YOU ARE GRANTED A LIMITED LICENSE TO ACCESS AND USE THE PLATFORM AND TO DOWNLOAD OR PRINT A COPY OF ANY PORTION OF THE CONTENT SOLELY FOR YOUR PERSONAL USE, PROVIDED THAT YOU KEEP ALL COPYRIGHT OR OTHER PROPRIETARY NOTICES INTACT. EXCEPT FOR YOUR OWN USER CONTENT (DEFINED BELOW), YOU MAY NOT REPUBLISH, REPRODUCE, DUPLICATE, COPY, OR OTHERWISE EXPLOIT ANY MATERIAL ON THE PLATFORM FOR A COMMERCIAL PURPOSE WITHOUT OUR EXPRESS WRITTEN CONSENT. YOU MAY NOT DECOMPILE, DISASSEMBLE OR OTHERWISE REVERSE ENGINEER THE PLATFORM OR ANY PORTION THEREOF, OR MAKE ANY DERIVATIVE WORKS BASED ON THE PLATFORM. ANY UNAUTHORIZED USE OF ANY MATERIAL CONTAINED ON THE PLATFORM MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS AND/OR OTHER REGULATIONS AND STATUTES.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE PLATFORM. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS.

BY USING THE PLATFORM, YOU AGREE NOT TO:

• USE THE PLATFORM IN ANY MANNER THAT VIOLATES ANY APPLICABLE LAWS OR REGULATIONS OR THESE TERMS OF USE;
• USE THE PLATFORM FOR ANY PURPOSE OTHER THAN FOR USING THE PLATFORM FOR ITS INTENDED PURPOSE;
• USE THE PLATFORM FOR THE BENEFIT OF ANY THIRD PARTY OR IN ANY MANNER NOT PERMITTED BY THESE TERMS OF USE;
• CIRCUMVENT, DISABLE, OR OTHERWISE INTERFERE WITH SECURITY FEATURES ON THE PLATFORM;
• ATTEMPT TO PROBE, SCAN OR TEST FOR VULNERABILITIES IN ANY OF OUR SYSTEMS;
• COPY, MODIFY, OR CREATE DERIVATIVE WORKS OR IMPROVEMENTS OF THE PLATFORM OR OUR CONTENT;
• REVERSE ENGINEER, DISASSEMBLE, OR DECOMPILE THE PLATFORM;
• ACCESS OR USE THE PLATFORM IN ANY MANNER OR FOR ANY PURPOSE THAT INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, RIGHT OF PUBLICITY OR OTHER RIGHT OF ANY THIRD PARTY, OR BREACHES ANY CONTRACT YOU MAY HAVE WITH A THIRD PARTY;
• ACCESS OR USE THE PLATFORM FOR PURPOSES OF COMPETITIVE ANALYSIS OF THE PLATFORM, THE DEVELOPMENT OF A COMPETING PRODUCT OR SERVICE, OR ANY OTHER PURPOSE THAT IS TO OUR COMMERCIAL DISADVANTAGE;
• HARASS, ANNOY, INTIMIDATE, OR THREATEN ANY OTHER USER OR ANY OF OUR EMPLOYEES OR AGENTS, INCLUDING THROUGH THE UPLOADING OF USER CONTENT;
• INTERFERE WITH OR DISRUPT THE PLATFORM OR SERVERS OR NETWORKS CONNECTED TO THE PLATFORM;
• POST INFORMATION OR INTERACT WITH THE PLATFORM OR OTHER USERS IN A MANNER WHICH IS FRAUDULENT, LIBELOUS, ABUSIVE, OBSCENE, PROFANE, HARASSING, OR OFFENSIVE;
• USE THE PLATFORM FOR ANY ILLEGAL PURPOSE OR IN VIOLATION OF APPLICABLE LAW, OR IN A MANNER WHICH PROMOTES OR ENCOURAGES ILLEGAL ACTIVITY;
• POST OR TRANSMIT, OR CAUSE TO BE POSTED OR TRANSMITTED, ANY COMMUNICATION DESIGNED OR INTENDED TO OBTAIN PASSWORD, ACCOUNT, OR PRIVATE INFORMATION FROM ANY USER;
• CREATE OR SUBMIT UNWANTED EMAIL, COMMENTS OR OTHER COMMERCIAL OR HARASSING COMMUNICATIONS (E.G., "SPAM") TO ANY USER;
• USE DOMAIN NAMES OR WEB URLS IN YOUR USERNAME WITHOUT OUR PRIOR WRITTEN CONSENT;
• SELL OR OTHERWISE TRANSFER YOUR PROFILE;
• USE ANY ROBOT, SPIDER, SITE SEARCH/RETRIEVAL APPLICATION, OR OTHER AUTOMATED DEVICE, PROCESS OR MEANS TO ACCESS, RETRIEVE, SCRAPE, "DATA MINE", OR INDEX THE PLATFORM OR ANY PLATFORM CONTENT;
• REMOVE OR MODIFY ANY COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY NOTICE THAT APPEARS ON ANY PORTION OF THE PLATFORM OR ON ANY CONTENT COPIED OR PRINTED FROM THE PLATFORM;
• RECORD, PROCESS, OR MINE INFORMATION ABOUT OTHER USERS;
• REFORMAT OR FRAME ANY PORTION OF THE PLATFORM;
• TAKE ANY ACTION THAT IMPOSES, OR MAY IMPOSE, IN OUR SOLE DISCRETION, AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON OUR TECHNOLOGY INFRASTRUCTURE OR OTHERWISE MAKE EXCESSIVE TRAFFIC DEMANDS ON THE PLATFORM;
• ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE PLATFORM, USER ACCOUNTS, COMPUTER SYSTEMS OR NETWORKS CONNECTED TO THE PLATFORM THROUGH HACKING, PASSWORD MINING OR ANY OTHER MEANS;
• USE THE PLATFORM OR ANY CONTENT TO TRANSMIT ANY COMPUTER VIRUSES, WORMS, DEFECTS, TROJAN HORSES OR OTHER ITEMS OF A DESTRUCTIVE NATURE (COLLECTIVELY, "VIRUSES");
• USE ANY DEVICE, SOFTWARE OR ROUTINE THAT INTERFERES WITH THE PROPER WORKING OF THE PLATFORM, OR OTHERWISE ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE PLATFORM;
• USE THE PLATFORM TO VIOLATE THE PRIVACY OF OTHERS OR TO "STALK" OR OTHERWISE HARASS ANOTHER;
• INTERFERE WITH OR DISRUPT ANY SERVERS OR NETWORKS USED TO PROVIDE THE PLATFORM OR ITS FEATURES, OR DISOBEY ANY REQUIREMENTS, PROCEDURES, POLICIES OR REGULATIONS OF THE NETWORKS WE USE TO PROVIDE THE PLATFORM;
• USE THE PLATFORM TO PROMOTE OR ENGAGE IN ANY FORM OF GAMBLING OR WAGERING, AS THE GAME IS PURELY SKILL-BASED WITH NO ELEMENTS OF CHANCE.

WE RESPECT YOUR PRIVACY AND ARE COMMITTED TO PROTECTING IT. OUR PRIVACY POLICY GOVERNS THE PROCESSING OF ALL PERSONAL DATA COLLECTED FROM YOU IN CONNECTION WITH THE PLATFORM.

THE PLATFORM AND ITS CONTENT ARE PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER LAWS OF HONG KONG AND FOREIGN COUNTRIES. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, WE (OR OUR LICENSORS) EXCLUSIVELY OWN ALL RIGHT, TITLE AND INTEREST IN AND TO THE PLATFORM AND ITS CONTENT, INCLUDING ALL ASSOCIATED INTELLECTUAL PROPERTY RIGHTS.

YOU WILL NOT REMOVE, ALTER OR OBSCURE ANY COPYRIGHT, TRADEMARK, SERVICE MARK OR OTHER PROPRIETARY RIGHTS NOTICES INCORPORATED IN OR ACCOMPANYING THE PLATFORM OR ITS CONTENT.

THE PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR SERVICES THAT ARE NOT OWNED OR CONTROLLED BY US. WE HAVE NO CONTROL OVER, AND ASSUME NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES OR SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITES OR SERVICES.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN-GAME DIGITAL ASSETS ARE INTENDED SOLELY FOR IN-GAME UTILITY AND DO NOT REPRESENT INVESTMENTS OR FINANCIAL INSTRUMENTS. WE MAKE NO REPRESENTATIONS REGARDING THEIR VALUE, LIQUIDITY, OR FUTURE PERFORMANCE. PARTICIPATION INVOLVES RISKS INCLUDING VOLATILITY, TECHNICAL FAILURES, REGULATORY CHANGES, AND TOTAL LOSS OF VALUE.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, ADVERTISERS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL ACTUAL OR ALLEGED LOSSES, THIRD-PARTY CLAIMS, DAMAGES, AWARDS, PENALTIES, LIABILITIES, CLAIMS, FEES, INTEREST AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF, OR ACCESS TO THE PLATFORM, INTELLECTUAL PROPERTY, OR OTHERWISE FROM YOUR CONTENT, VIOLATION OF THESE TERMS OF USE, OR INFRINGEMENT BY YOU OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE PLATFORM, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY. YOU AGREE TO PROMPTLY NOTIFY US OF ANY THIRD-PARTY CLAIMS AND COOPERATE WITH US IN DEFENDING SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PLATFORM FOR (I) ANY LOST PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM; OR (IV) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF HK$100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE PLATFORM, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS OF USE TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON'S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING. THIS DISPUTE RESOLUTION PROVISION WILL BE GOVERNED BY THE LAWS OF HONG KONG. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS OF USE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATED TO OR CONNECTED WITH THE USE OF THE PLATFORM OR THESE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OF ACTION AROSE OR BE FOREVER BANNED.

IF THE PROHIBITION AGAINST CLASS ACTIONS AND OTHER CLAIMS BROUGHT ON BEHALF OF THIRD PARTIES CONTAINED ABOVE IS FOUND TO BE UNENFORCEABLE, THEN ONLY THE SPECIFIC PROVISION FOUND TO BE UNENFORCEABLE WILL BE NULL AND VOID, AND THE REMAINDER OF THIS ARBITRATION SECTION WILL REMAIN IN EFFECT. THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH US.

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF HONG KONG, INCLUDING ITS CONFLICTS OF LAW RULES. YOU AGREE THAT ANY DISPUTE ARISING FROM OR RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE SHALL BE GOVERNED BY THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS IN HONG KONG.

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY OR REPLACE ANY OF THESE TERMS OF USE, OR CHANGE, SUSPEND, OR DISCONTINUE ACCESS TO THE PLATFORM (INCLUDING WITHOUT LIMITATION, THE AVAILABILITY OF ANY FEATURE, DATABASE, OR CONTENT) AT ANY TIME BY POSTING A NOTICE ON THE PLATFORM OR BY SENDING YOU NOTICE THROUGH THE PLATFORM, VIA E-MAIL OR BY ANOTHER APPROPRIATE MEANS OF ELECTRONIC COMMUNICATION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE PLATFORM, OR ANY PARTS OF THE FOREGOING, WITH OR WITHOUT NOTICE.

**ENTIRE AGREEMENT AND SEVERABILITY**

THESE TERMS OF USE ARE THE ENTIRE AGREEMENT BETWEEN YOU AND US WITH RESPECT TO THE PLATFORM, INCLUDING USE OF THE PLATFORM, AND SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS (WHETHER ORAL, WRITTEN, OR ELECTRONIC) BETWEEN YOU AND US WITH RESPECT TO THE PLATFORM. IF ANY PROVISION OF THESE TERMS OF USE IS FOUND TO BE UNENFORCEABLE OR INVALID, THAT PROVISION WILL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY SO THAT THESE TERMS OF USE WILL OTHERWISE REMAIN IN FULL FORCE AND EFFECT AND ENFORCEABLE. THE FAILURE OF EITHER PARTY TO EXERCISE IN ANY RESPECT ANY RIGHT PROVIDED FOR HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY FURTHER RIGHTS HEREUNDER.

**FORCE MAJEURE**

WE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM OUR OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION.

**ASSIGNMENT**

THESE TERMS OF USE ARE PERSONAL TO YOU AND ARE NOT ASSIGNABLE, TRANSFERABLE OR SUBLICENSABLE BY YOU EXCEPT WITH OUR PRIOR WRITTEN CONSENT. WE MAY ASSIGN, TRANSFER OR DELEGATE ANY OF OUR RIGHTS AND OBLIGATIONS HEREUNDER WITHOUT CONSENT.

**AGENCY**

NO AGENCY, PARTNERSHIP, JOINT VENTURE, OR EMPLOYMENT RELATIONSHIP IS CREATED AS A RESULT OF THESE TERMS OF USE AND NEITHER PARTY HAS ANY AUTHORITY OF ANY KIND TO BIND THE OTHER IN ANY RESPECT.

**NOTICES**

UNLESS OTHERWISE SPECIFIED IN THESE TERMS OF USE, ALL NOTICES UNDER THESE TERMS OF USE WILL BE IN WRITING AND WILL BE DEEMED TO HAVE BEEN DULY GIVEN WHEN RECEIVED, IF PERSONALLY DELIVERED OR SENT BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED; WHEN RECEIPT IS ELECTRONICALLY CONFIRMED, IF TRANSMITTED BY E-MAIL; OR THE DAY AFTER IT IS SENT, IF SENT FOR NEXT DAY DELIVERY BY RECOGNIZED OVERNIGHT DELIVERY SERVICE. ELECTRONIC NOTICES SHOULD BE SENT TO [email protected].

**NO WAIVER**

OUR FAILURE TO ENFORCE ANY PART OF THESE TERMS OF USE SHALL NOT CONSTITUTE A WAIVER OF OUR RIGHT TO LATER ENFORCE THAT OR ANY OTHER PART OF THESE TERMS OF USE. WAIVER OF COMPLIANCE IN ANY PARTICULAR INSTANCE DOES NOT MEAN THAT WE WILL WAIVE COMPLIANCE IN THE FUTURE. IN ORDER FOR ANY WAIVER OF COMPLIANCE WITH THESE TERMS OF USE TO BE BINDING, WE MUST PROVIDE YOU WITH WRITTEN NOTICE OF SUCH WAIVER THROUGH ONE OF OUR AUTHORIZED REPRESENTATIVES.

**HEADINGS**

THE SECTION AND PARAGRAPH HEADINGS IN THESE TERMS OF USE ARE FOR CONVENIENCE ONLY AND SHALL NOT AFFECT THEIR INTERPRETATION.

YOU MAY CONTACT US AT [email protected] WITH ANY QUESTIONS ABOUT THESE TERMS OF USE.