6WAVES TERMS OF SERVICE AND PRIVACY POLICY

 

1. Acceptance of  the Terms

 

These Terms of Service and Policy ("Terms") are a legal agreement between Six Waves Inc., its Affiliates ("SWI" or "we" or “us”) and you ("you"). Affiliates shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. By installing or using any SWI developed or published game or application or registering a 6waves User Account with us ("Service") you agree to be bound by these Terms.  By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. SWI reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service.

 

Users are responsible for periodically viewing the Terms and its modifications or revisions. Your continued use of the Service after a change or update of the Terms has been made will constitute your acceptance to the revised Terms. If you do not agree to the Terms or the revised Terms your sole remedy is to discontinue your use of the Service and cancel any accounts you have made using the Service.

 

If you access the Service from a social network or download the Service from another platform, such as Apple or Google, you must also comply with its terms of service/use as well as these Terms.

 

To use our Service, you may need an account with a social network, like Facebook, and, if you are using our Service on mobile devices, an account with SWI that provides your mobile applications, like an iTunes account may be necessary. You may need to update third party software from time to time in order to receive the Service. 

 

We will provide the Service while you shall provide the suitable equipment (computer, phone, tablet, etc.) and pay all necessary fees to connect to the Internet and app stores, or for data or cellular usage to download and use the Service.

 

If you violate the Terms, SWI reserves the right to issue you a warning notice regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that SWI need not provide you with such notice before terminating or suspending your account(s), but it may do so.

 

SWI reserves the right to refuse any user access to the Service without notice for any reason, including, but not limited to, a violation of the Terms but SWI shall not be obliged to disclose any reason for doing so.

 

You agree that SWI may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.

 

 

You represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to the Terms.

 

2. 6waves User Account

 

In order to use our Services, we may request you to create a 6waves User Account (“Account”) and select a password and/or provide us with certain personal information, which may include but not limited to your name, birth date, e-mail address, mobile phone number This information will be held and used in accordance with SWIs Privacy Policy and in compliance with Personal Data (Privacy) Ordinance, Cap. 486 of the laws of Hong Kong.

 

You agree to supply SWI with accurate, complete, and updated information.

 

You are responsible for maintaining the security of your Account. Do not share your Account details with others or allow others to access or use your Account. You are solely responsible for any activity in your Account whether it is or is not authorized by you, including any purchase made using any payment methods. The use of your Account and the Account password should not be transferred to another person.

 

You shall inform us immediately if you are aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password.

 

In the case of extended inactivity of your Account for which 120 days or more have passed since the last access, we are entitled to delete your inactive Account and any related game data (including, but not limited to, Virtual Currency and Virtual Goods as defined in clause 5) without giving any prior notice.  All usage rights related to deleted Account and game data therewith in this service will be extinguished at the time the game data is deleted and we will not take any recovery measures under any circumstances.

 

3. Intellectual Property Ownership

 

All materials that are part of the Service (including but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by applicable law from unauthorized use. The entire contents of the Service are copyrighted and protected under the Hong Kong copyright and intellectual property rights laws and/or similar intellectual property laws of other jurisdictions.

 

You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, reverse engineered or sold in any form or by any means, in whole or in part, or otherwise exploited without SWI's express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the platform. All other uses of copyrighted material, including any derivative use, require express prior written permission from SWI. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.

 

SWI and/or its licensors shall remain as the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by SWI. You acknowledge that you do not acquire any ownership or proprietary rights by using the Service or by accessing any materials posted on the Service by SWI, or any derivative works thereof.

 

SWI grants you a personal, non-exclusive, non-transferable, revocable, limited scope licence to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your licence to use the Services is limited by these Terms or the revised Terms.

 

4. User Content

 

You agree that you are willingly publishing the content on the Service using technology and tools provided by SWI. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit prior written permission of SWI. You grant SWI the right to act as an agent on your behalf as operator of the application.

 

Any data, text, graphics, photographs and their selection and arrangement, (hereinafter "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by SWI. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and SWI is not responsible for any files users upload, post, or otherwise make available. SWI may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the SWI application. By using SWI you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that SWI will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage caused by use of the User Content.

 

SWI reserves the right to remove and permanently delete any User Content from the Service with or without notice.

 

5. Virtual Currencies/Goods

 

The Service may include an opportunity to purchase virtual, in-game currency ("Virtual Currency") that may require you to pay a fee using "real money" to obtain the Virtual Currency.  The Service may also include virtual, in-game digital items (”Virtual Goods”) that may be purchased from SWI for ”real money” or for Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from SWI or any other party. You understand that you have no right or title in Virtual Goods or Virtual Currency.

 

Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, transferable, except subject to SWI's sole discretion. You may not purchase, sell, or exchange Virtual Currency, Virtual Goods or the Account outside the Service. Doing so is a violation of the Terms and may result in immediate termination of your account with the Service and/or legal action may be instituted against your breach.

 

SWI retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice.

 

6. Rules of Conduct/Usage

 

The SWI Service may provide or use other communication channels such as forums, communities, social media platforms or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. The use of your Personal Information (if any) by such Communication Channels will be subject to their own privacy policy and practices. SWI is not responsible for the privacy policy or practices of any such Communication Channel. SWI has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. SWI may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by SWI, and these communications should not be considered reviewed or approved by SWI. SWI will not under any circumstance be liable for any activity within Communication Channels.

 

You agree that all your communications with the Communication Channels are done in public domain, and thus you shall have no expectation of privacy regarding your use of the Communication Channels. SWI is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.

 

You agree that your use of the Service shall be for lawful purposes and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:

• post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable

• defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable

• upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers

• violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)

• attempt to obtain passwords or other private information from other members

• improperly use support channels or complaint buttons to make false reports to SWI

• develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements

• exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage

• violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service

 

7. Privacy and Protection of Personal Information

 

By using the Service, you agree to the collection and use of your personal information by us as outlined in this Privacy Policy. We may amend the Privacy Policy from time to time, and we encourage you to consult the Privacy Policy regularly for changes.

 

8. Information Collected and Used

 

SWI's primary objective in collecting user information is to provide and enhance the Service and to enable users to easily navigate and enjoy the Service.

 

When you install any of SWI games or applications or register for an Account, we may collect and record the information you provide us voluntarily and such collection and use of the information shall be governed by Personal Data (Privacy) Ordinance, Cap. 486 of the laws of Hong Kong

 

The types of personal information collected in accordance with the activities listed above may vary depending on the activity. This "personal information" is defined as information about you that can be used to contact or identify you. Personal information may include: (1) your first and last name, (2) profile information that you volunteer (such as profile photo, gender, age or birthday, links to profiles on other social networking websites), (3) your user identification number or username of the pertinent social network, which is linked to publicly available information such as name and profile picture, (4) your mobile number and email address, (5) username and password for our SWI’s login account system.  Additionally, we may acquire information from you through (1) your access and participation on the Service (2) your question to our customer support (3) your purchase of a virtual product of any type (4) other sources, including but not limited to newspapers and internet sources such as blogs, instant messaging services, other users of the Service to supplement your profile. Please note that because a third party site manages the purchases of virtual goods offered by the Service, we do not have access to your credit card details and billing information.

 

SWI may also invite you to share non-personal information about yourself which may include but is not limited to: (1) your age or date of birth; (2) your gender; (3) information about the hardware you may own; (4) your favorite websites; (5) friend information from your mobile phone contact list (such as friends of yours that are also connected to our Service) and fan pages; (5) your physical location and that of your access device (collectively referred to as "non-personal information"). If non-personal information is collected for an activity that also requires personal information, SWI may combine your non-personal information with your personal information in an attempt to provide you with a better user experience, to improve the quality and value of the Services and to analyze how our Service is used.

 

The Service will also record game data (such as your player identification number, interactions with the game and with other players inside the game via server log files).

 

In addition to information collected as described above, you may choose to share additional information about yourself throughout the Service, such as in games or on message boards. Any actions you perform with other players are considered done in public domain and are free of any obligation of confidence subsequent to the time of performance of the actions, and are at your sole discretion and risks.

 

We may use your name, profile picture, email address, mobile number and other information to notify you of new product releases, service notifications, and to solicit your feedback and input. Those emails will contain links for preference management and where appropriate, unsubscribe links should you decide you do not want to receive further emails.

 

Finally, at any time you access the Service, we may collect aggregate information including but not limited to automatically collected data (such as IP Address, your device's operating system, browser type and language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity; and mobile device identifiers (such as your unique device identification number (persistent/non-persistent, hardware type, media access control ("MAC") address, international mobile equipment identity ("IMEI"), and your device name (“aggregate information”).  We use this aggregate information to better tailor the Service to your interests, to provide you more efficient customer support, and to overall enhance the Service.

 

We may use your name, profile picture and game play information to communicate with your friends that are also connected to the Service, which you can opt out of by contacting us at the email found at the bottom of this webpage. We may also disclose information about you to our partners in order to provide the Service, resolve service problems and correct errors in the Service, to communicate with you about the Service, to provide you with advertising and promotional information in connection with the Service, and to enhance your experience on the Service.  However, we do not give our partners an independent right to share this information. Due to our contractual obligations with these third parties and the need to share information to deliver and support the Service, we cannot provide you with the opportunity to opt-out of sharing information (whether personal information or non-personal information) with these third parties. The use of your Personal Information by that third party is subject to its privacy policy and practices and we are not responsible for the same. You acknowledge and agree that SWI, certain of its partners, and each of their contractors and employees may view the information that you transmit to the Service to provide the Service and otherwise perform the tasks set forth in this Privacy Policy and you shall waive any objection in relation thereto.

 

In all cases of data access and collection, the information you provide will not be disclosed, rented, leased, loaned, sold, or otherwise voluntarily distributed to unaffiliated third parties and will be used solely for the purpose of providing you with and improving the Service.

 

9. Other Disclosure of Your Personal Information

 

You understand and agree that we may be required to disclose any personal information if required to do so by law or in good faith believe that such disclosure is reasonably necessary to avoid liability, to comply with legal process, including but not limited to a search warrant, subpoena, statute, or court order, or to protect our rights and property, or that of the public, or to comply with the relevant provisions of Personal Data (Privacy) Ordinance. Note that SWI is not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that SWI may receive.

 

Additionally, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, customer information may be transferred to SWI's successor or assignee, if permitted by and done in accordance with applicable law.

 

10. Others Information

 

You may decide to provide us with another person’s personal information including but not limited to email address or phone number or user identification number of another web service so that the person may be invited to join the Service.  We use this information to contact and, if necessary, remind that person that he or she has been invited to join the Service or receive content from the Service. We may disclose such information if required to do so in order to comply with the legal process, as described above.

 

11. Cookies

 

A cookie is a small data file that we transfer to your computer’s hard disk, generally to quickly identify a user's computer and to "remember" things about the user's visit, such as your preferences or a user name and password. The Service sends cookies to your computer when you access or view content of a SWI game. Information contained in a cookie may be linked to your personal information for purposes such as improving the quality of our service, tailoring recommendations to your interests, and making the Service easier to use. You can disable cookies at any time, although you may not be able to access or use features of the Service.

 

12. Links

 

The Service may contain links to other websites. The fact that the Service links to a website or presents a banner ad or other type of advertisement does not mean that SWI endorses or authorizes that third party, nor is it a representation of our affiliation with that third party. SWI is in no way responsible for the privacy policies of these other websites to which you chose to access from the Service. Please be sure to read the privacy policies of those websites when exiting the Service.

 

13. Third-Party Advertising Companies

 

We may use third-party advertising companies to serve advertisements on the Service.  We do not provide any personal information to third-party advertising companies on a non-aggregate basis. Our system and the third-party advertising technology may use aggregate information, non-personal information, SWI’s cookies on your hard drive and your use of the Service to target advertisements. In addition, advertisers may use other third-party advertising technology to target advertising on other sites. If advertisements are served to you, a unique third-party cookie or cookies may be placed on your computer.  Similarly, third-party advertising companies may provide us with pixel tags (also called ”clear gifs” or ”beacons”) to help manage and optimize online advertising.  Beacons enable us to recognize a browser’s cookie when a browser visits the site on which the beacon is located, and to learn which banner advertisements bring users to a given site.

 

14. Changing or Deleting Your Information

 

You may review, update, correct or delete any personal information by changing the applicable information in your profile page on Facebook and/or other social network(s) and/or other mobile platforms. If you completely delete all this information, your account may become deactivated. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request if we are not legally obligated to retain the record.

 

15. Security

 

We have put in place reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to overcome those measures or use your personal information for improper purposes. Also please note that email and messaging systems are not considered secure, so we discourage you from sending us personal information through these mediums. Although in compliance with Personal Data (Privacy) Ordinance, Cap 486 of the laws of Hong Kong, we will adopt appropriate security procedures to help prevent unauthorized access to your Personal Information, we shall not be liable for any attempt to hack or crack or otherwise gain access to any part of the Service including any of your Personal Information.

 

16. Policy Regarding Children

 

The Service is not geared toward children under the age of 13 and we do not knowingly collect personal information from children under the age of 13. If we learn that a child under 13 has provided us with personal information we will delete such information from our files as quickly as possible.

 

17. Disclaimer of Warranty and Limitation of Liability

 

You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, SWI, its Affiliates, officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. SWI makes no warranties or representations about the accuracy or completeness of the content of the Service and of the content of any sites linked to the Service; SWI assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

 

In no event will SWI, its Affiliates, directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not SWI has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable law in the applicable jurisdiction. You specifically acknowledge and agree that SWI shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of loss or damage from the foregoing rests entirely with you.

 

You agree to indemnify and hold SWI, and each of its Affiliates, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any Content you post or share on or through the Service.

 

18. Assignment

 

These Terms of Service, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by SWI without any restriction.

 

19. General

 

By visiting or using the Service, you agree that the laws of Hong Kong, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and Privacy Policy and any dispute of any sort that might arise between you and SWI. Any claim or dispute between you and SWI that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Hong Kong, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Hong Kong. However, nothing aforesaid shall preclude SWI from pursuing all available remedies, including relief from a court of competent jurisdiction, in the case of a dispute in which SWI seeks injunctive relief, or where SWI must file suit in order to avoid the expiration of the applicable statute of limitations or to enforce the judgment of the courts of Hong Kong.

 

SWI reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of SWI following any amendment of these Terms of Service will signify your consent to and acceptance of its revised terms. YOU AND SWI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY TIME BARRED.

 

20. Contacting Us

 

If you have any questions about these Terms of Service and Privacy Policy, please contact us at info@6waves.com. If you have any questions about your personal information including what we hold and how it is used, you can contact our Data Protection Officer at privacy@6waves.com.  You are entitled to request for a copy of the Personal Information we hold about you (for which we may charge a small fee) and to have any inaccuracies in your information corrected.

 

 

Last updated on: 2 August 2023