Effective Date: February 14, 2025
We are JPOKO GAMES. These Terms of Service (“Terms”) define your and our rights and obligations under a legally binding contract. Please read these Terms carefully.
IF YOU ARE LOCATED IN A JURISDICTION THAT RECOGNIZES MANDATORY ARBITRATION PROVISIONS, PLEASE NOTE THAT THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US AND ANY RELATED PARTIES. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED IN PARAGRAPH 13(C)(iii) (OPT-OUT OF ARBITRATION PROVISION) BELOW.
By clicking a button that signifies your acceptance of these Terms or otherwise using our websites, applications, mobile games or online services that refer to these Terms (collectively, our “Services”), you agree to be legally bound to these Terms. Any reference to our “Services” in these Terms also refers to any part of our Services. We have the right to modify these Terms at any time and will provide you with notice of modification of these Terms by publishing such modified Terms on our website at Terms of Service. If you continue to use our Services after we have published the modified Terms, you shall be deemed to agree to the modified Terms as of their effective date, unless applicable laws require that we obtain your agreement in another manner. These Terms constitute the entire and only agreement between us and you relating to the subject matter of these Terms and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Services. If you breach these Terms, we may take action against you, including suspending or terminating your access to our Services. The use of the word “include” and its inflections in these Terms are to be read to mean that what follows are examples and not an exhaustive list of what is included.
Please refer to our Privacy Policy to help you understand what information we process and how we use it and what choices you have when you use our Services. You consent to us using your personal data as described in our Privacy Policy except where laws require us to obtain your consent in a different way.
Children 12 and under are not allowed to use our Services. If you are above the age of 12 but under the age of 18, you are a “teenaged minor” and must ask your parent or legal guardian to read these Terms and agree to them because you are not allowed to use our Services without the permission of your parent or legal guardian. If you are the parent or legal guardian of a teenaged minor who wants to use our Services and you permit them to use our Services, you agree to: (i) familiarize yourself with any parental controls that we offer in our Services and use them as you feel is appropriate; (ii) supervise the teenaged minor’s use of our Services; (iii) protect the teenaged minor from using our Services in a manner that may result in any negative consequences, such as by setting appropriate time limits on how long they may use our Services; (iv) ensure that your child only uses our Services in compliance with these Terms; and (v) be legally responsible for any actions or omissions of you or your child in connection with your or their use of our Services.
You agree that you will not do any of the following:
Use our Services where the laws that apply to you would prohibit you from using our Services;
Use our Services if we tell you to stop using our Services;
Sell, rent or give away your user ID, profile or any other type of account that is associated with your activity on our Services (collectively, “Account”), including any game progress saved to or associated with your Account;
Use your Account for commercial purposes;
Create an Account using a false identity or false information, or on behalf of someone other than yourself;
Engage in any act that we deem to be in conflict with the spirit or intent of our Services, as we determine at our sole discretion;
Abuse or make improper use of our support services;
Use our Services to violate, or in violation of: (i) any applicable law, regulation, or government order; (ii) any applicable contract, policy or rule of ours, including our Community Guidelines; or (iii) any party’s intellectual property rights, privacy rights or other proprietary rights;
Harass or threaten other players;
Use any harmful, threatening, abusive, defamatory, libelous, pornographic, obscene, hateful, or racially or ethnically offensive language in our Services;
Conduct any unlawful chats, messaging, or similar communications while using our Services;
Cheat, hack, interfere with, tamper with, damage, disable, overburden, impact or conduct any attack on our Services or our servers or systems in any way, including by means of submitting a virus or other malware to our Services, or overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” our Services;
Probe, scan, or test the vulnerability of our Services or any associated system or network, or circumvent, breach or modify our security or authentication measures without proper authorization;
Attempt to modify, reverse-engineer, decompile or disassemble our Services, including by reducing to a human-perceivable form any of the source code used in providing our Services;
Host, provide matchmaking services for, or intercept, emulate, or redirect the communication protocols used as part of any of our Services;
Create or use cheats, exploits, “mods”, hacks, software, bots, or any unauthorized third-party software designed to modify or interfere with our Services or anyone’s experience using our Services;
Transmit or make available in our Services any advertising, promotional materials or any other forms of solicitation;
Transmit to us or using our Services any material that contains viruses, worms, traps or malicious computer code;
Disrupt the normal flow of the applications and dialogue in our Services, or otherwise act in a manner that negatively affects other people’s ability to use our Services;
Collect, process or store personal data about other people using our Services for your commercial purposes, for the purposes of harassing, stalking or abusing other people, or for purposes or in ways that would violate their privacy or human rights;
Use any payment card in relation to our Services without the cardholder’s authorization;
Remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any of our Services;
Use any of our or our licensors’ trademarks, service marks or trade names, or any variations or misspellings thereof, without our or their authorization;
Attempt to do any of the above; or
Encourage anyone else to do any of the above.
We may offer or provide limited access to various “Virtual Items” in our Services, including (i) virtual in-game coins, currencies or monies, all for use in our games; (ii) virtual in-game items; and (iii) other Services for your personal and non-commercial entertainment. No payments in exchange for limited access to Virtual Items are necessary to use our Services. We offer limited access to Virtual Items for the sole purpose of enhancing your user experience and entertainment when using our Services. You must use your own skills and aptitudes and not rely solely on luck or chance when using our Services.
Virtual Items do not store or represent anything of value because we have the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your access to them at any time and for any reason, with or without notice. We shall have no liability to you or any third party in the event that we exercise any such rights. You have no claim, right, title, proprietary or ownership interest in any of the Virtual Items regardless of any consideration paid for limited access to those Virtual Items. For as long as we provide you with limited access to a Virtual Item, you have a conditional, limited, personal, non-transferable and revocable permission to use the Virtual Item as we determine at our sole discretion.
You may not use Virtual Items for any purpose outside of the manner in which we permit them to be used in our Services. Except as we explicitly authorize, (i) you may not transfer any access you may have to any Virtual Items to other users; and (ii) you may not pay or receive payment in exchange for any access to any Virtual Items for “real world” money or any other valuable thing. Any attempt to do any of the foregoing is in violation of these Terms and may result in the suspension or termination of your access to our Services. All access to Virtual Items may be forfeited if we suspend or terminate your access to our Services for any reason, or if we discontinue our Services.
You agree that you will not assert or bring any claim against us, our affiliates, or our or their respective directors, officers, employees, agents, service providers or licensors (collectively, “JPOKO Games Parties”) relating to (i) a claim that you own any Virtual Items, that Virtual Items constitute your property, or that Virtual Items have any monetary or other value; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your access to our Services or modification, termination or expiration of these terms.
All rights, title and interest in and to our Services, including any games, applications, titles, computer code, themes, objects, characters, names, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, Virtual Items, videos, audio, photos, advertising, images, text, designs, user profiles, gameplay mechanics, features, visual interfaces, branding (such as trade names, trademarks, service marks or logos), server software, metadata and other materials, and compilations, selections and arrangements of these materials, are owned by or licensed to us, subject to copyright and other intellectual property rights under applicable laws and international conventions. Therefore, no one other than us or parties that we have authorized has any right whatsoever to sell our Services. YOU ACKNOWLEDGE THAT YOU HAVE NO PROPERTY RIGHTS WHATSOEVER IN OUR SERVICES, INCLUDING VIRTUAL ITEMS.
To the fullest extent permitted by applicable law, any payments that you make on or through our Services (including, without limitation, for limited access to Virtual Items) are not refundable in whole or in part, except at our sole discretion. You are fully liable for all charges made through the Account or app marketplace account that you use to access our Services, including any charges that a third party made through such Account or app marketplace account but which you did not specifically authorize.
IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR PAYMENTS YOU MAY HAVE MADE FOR LIMITED ACCESS TO VIRTUAL ITEMS THAT YOU HAVE NOT USED IF OUR SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE, OR IF WE SUSPEND OR TERMINATE YOUR ACCESS TO OUR SERVICES.
We may, at any time, amend the availability, specifications, content, descriptions, features or other terms of our Services, including any offers of limited access to Virtual Items in exchange for payment. The inclusion of any Services at a particular time does not imply or warrant that these Services will be available at any other time. All such changes will be effective immediately upon posting of such new terms to our Services.
When accessing our Services, you agree to obey applicable laws and to respect the intellectual property rights of others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “User Content”) in connection with our Services in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your Account on our Services. The burden of proving that any of your User Content does not violate any laws or third-party rights rests solely with you. Additionally, in the event that you become aware of or reasonably suspect any infringement of the copyrights or trademarks of ours or any third parties, occurring on any of our Services, you will immediately report such infringement to us. We may delete or take down any User Content at our sole discretion without notice. By submitting any User Content through our Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of our Services and other third parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. You are solely responsible for your interactions with other users of our Services. To the fullest extent permitted under applicable law, you agree that you shall not institute any Dispute against us in relation to User Content (yours or another user’s), including without limitation in respect of any defamation, harassment, or false endorsement claims.
Subject to your agreement and continuing compliance with these Terms and any other relevant policies of ours, we grant you a conditional, non-exclusive, non-transferable, non-sublicensable, revocable and limited permission to access and use our Services for your own non-commercial entertainment purposes. We reserve the right to determine what conduct we consider to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms or our Services itself.
If you are a copyright owner or their agent and believe that any content on our Services infringes upon your copyrights and you want us to delete the content in question, please notify us using our contact details in Section 16 (Notice by Mail) below with the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on our Services; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted; (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You must sign the notification.
Because the laws of the European Economic Area (“EEA”), United Kingdom and Switzerland (collectively, “EEA+”) are different from some other laws, these Terms include one subsection that applies only if you are located in the EEA+ (Subsection 11(A) below) and one subsection that applies only if you are located outside the EEA+ (Subsection 11(B)).
A. If you are located in the EEA+
This Subsection 11(A) only applies if you are located in the EEA+.
Provided that we have acted with professional diligence, we do not take responsibility for loss or damage, unless it is: (1) caused by our breach of these Terms; or (2) reasonably foreseeable at the time of entering into these Terms (i.e. it is obvious that it will happen or, at the time that you and we entered into this contract, it is known that it might happen). Nothing in these Terms is intended to exclude or limit our liability for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded by law.
If we suspect that you have breached these Terms, we may investigate. While we do so, we may suspend your access to our Services, acting reasonably and objectively depending on the seriousness of the suspected breach and only to the extent permitted by applicable law and in accordance with any legal obligations. We might then decide to temporarily suspend or permanently terminate your access to our Services if: (1) we determine, acting reasonably and objectively, and in accordance with applicable law, that you are in material or repeated breach of these Terms; (2) we have objective grounds to reasonably believe that you are about to seriously breach these Terms; (3) we are legally required to do so; or (4) we have objective grounds to reasonably believe that it is required in response to dealing with a serious technical or security issue. If you think we have made a mistake in suspending or terminating your access to our Services, you can appeal our decision by notifying us via email below and we will review our decision and decide again.
If you are a resident in a country in the EEA:
you have a statutory right to withdraw from these Terms within 14 days of entering into them, and instructions on how to exercise this right, the consequences of exercising this right and a model form that you can use are set in Appendix 1 (Withdrawal Rights (EEA only)); and
our Services may be covered by the statutory warranty of conformity pursuant to the Directive EU/770/2019, as implemented in the country in which you reside, for the entire duration in which we provide our Services to you. We will regularly inform you of and provide software updates, including security updates, that are necessary to keep our Services in conformity with these Terms or any applicable laws. We strongly recommend that you immediately implement any update we provide. Failure to do so may affect the full operation of our Services. In the event you identify or experience any non-conformity, please notify us via email below. We will review your complaint of non-conformity and do our best to bring our Services back into conformity within a reasonable time from the time you informed us about the lack of conformity, free of charge. If we are unable to bring our Services into conformity within a reasonable time, we will inform you and you will be free to decide to terminate these Terms and suspend any use of our Services.
B. If you are located outside of the EEA+
This Subsection 11(B) only applies if you are located outside of the EEA+.
NO WARRANTIES OR CONDITIONS: OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING OUR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JPOKO GAMES PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SERVICES.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, JPOKO GAMES PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, LIQUIDATED, PUNITIVE OR OTHER SIMILAR DAMAGES, OR ANY DAMAGES IN EXCESS OF ACTUAL HARM, INCLUDING LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR OUR SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU PAID TO US FOR LIMITED ACCESS TO VIRTUAL ITEMS ON OUR SERVICES WITHIN THE LAST TWELVE MONTHS.
Access at our Discretion: To the fullest extent permitted by applicable law, we may limit, suspend, modify or terminate your access to our Services, at our sole discretion, at any time and without notice to you, including if you are, or we suspect that you are, failing or will soon fail to comply with any of these Terms or for any actual or suspected illegal or improper use of our Services. Any such termination or suspension will not affect any other rights we may have under applicable laws.
Defense and Indemnification: You agree to defend JPOKO Games Parties from any claim, demand, allegation, investigation, lawsuit, proceeding or other dispute (collectively, “Dispute”) asserted by any third party resulting from or arising out of your use of our Services, or any breach by you of these Terms. You also agree to indemnify and hold harmless each JPOKO Games Party against any damages, liabilities, assessments, losses, costs, and other expenses (including reasonable attorneys’ fees and legal expenses) incurred by that JPOKO Games Party relating to any Dispute. We will notify you promptly of any such Dispute, and will provide you with reasonable assistance, at your expense, in defending any such Dispute, except that failure to provide such notice will not release you from any obligations hereunder except to the extent that you are materially prejudiced by such failure.
Exception: Nothing in these Terms shall exclude or restrict any liability resulting from our gross negligence or willful misconduct, or any liability that cannot be excluded by law.
Unauthorized use of our or our licensors’ trademarks is strictly prohibited. Such trademarks shall include, but are not limited to: “jpoko games”, “royal sudoku”.
These Terms and any disputes concerning these Terms or our Services (“Disputes”) shall be governed by and construed in accordance with the laws of Hongkong. This Subsection 13(A) (Governing Law) shall not apply if and to the extent it violates the laws of your jurisdiction.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
We shall not be liable for any delay or failure to perform resulting from causes or circumstances outside of our reasonable control, including any acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemic, or shortages of transportation facilities, fuel, energy, labor or materials.
To contact us in relation to these Terms, you must send us notices through email at the following address:
support@jpoko.com
The notice email must include your real name, contact information, nationality, current permanent residence address information, and legal information that can verify the above information about you.
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.