Lucky Emulator Terms of Use
Preamble
First, the user (hereinafter referred to as "you") in the use of LUCKY MUSHROOM LIMITED, Ltd.(hereinafter referred to as "we" or "us" or "company"), please read this Lucky Emulator User Agreement (hereinafter referred to as "this Agreement") carefully before using the Lucky Emulator game simulator application (hereinafter referred to as "the Application") and related services (hereinafter collectively referred to as "the Service"). (hereinafter referred to as the "Agreement") carefully before using the Application and related services (hereinafter collectively referred to as the "Service"). In particular, we remind you to read carefully the terms and conditions of this Agreement that exclude or limit our responsibility (usually containing expressions such as "no responsibility", "no obligation", "no guarantee", etc.), limit your rights (usually containing expressions such as "no responsibility", "no obligation", "no guarantee", etc.), and limit your rights (usually containing expressions such as "no obligation", "no guarantee", etc.). (usually containing expressions such as "shall not", "prohibited", "no right", etc.), the application of law and dispute resolution provisions.
Second, if you do not agree to any of the terms and conditions of this Agreement, you may not install, use the Application or enjoy the Service. Once you click "Accept", "Agree" or similar confirmation buttons, or install the Application, register an account, start using and/or continue to use the Service, you shall be deemed to have read, fully understood and agreed to all the terms of this Agreement (including all modifications and supplements). additions). Thereafter, you shall not raise any defence on the grounds of "not having read" or "not having understood" the contents of this Agreement or similar reasons.
Third, you have the right to monitor whether we and our staff provide services in accordance with the published service standards during the use of the Service, and you can also provide us with comments and suggestions related to the Application and the Service at any time. Feedback channels will be separately announced within this application.
Ⅰ. Definition
The Application: means a game simulator application developed by LUCKY MUSHROOM LIMITED, Ltd. that simulates the operating environment of Gameboy Advance (GBA) and other game consoles so that users can run it on their devices.
"You", also known as "Player" or "User": refers to the natural person who has obtained the non-commercial licence from LUCKY MUSHROOM LIMITED, Ltd. to install, use or receive services in relation to the Application. Ltd. for non-commercial use in order to install, use or receive the Application or related services.
We" or "Us" or "Company": refers to LUCKY MUSHROOM LIMITED, Ltd.
Ⅱ. Intellectual Property Rights
This application and all contents contained in this application, including but not limited to software code, design, graphics, interface, trademarks, logos, text, pictures, audio, video and other intellectual property rights on computer software copyright, artwork copyright and patents, are owned by us or our affiliates.
The "Lucky Emulator" name, logo (graphic) embodied in this application, as well as the text, logo (graphic), etc. used in specific services to identify the name and source of the services (including, but not limited to, the name of this application, logo, ICON, our name, etc.) belong to us and/or our affiliates in China and abroad. /and/or its affiliates' trademarks or registered trademarks in China and/or other countries.
You acquire only the rights to use the Application as expressly granted in this Agreement, and not any other intellectual property rights.
Except with our express written permission, you may not do any of the following (whether for profit or not):
Reproduce, rip, decompile, disassemble, transmit and all or part of the Application's programs, manuals, and other graphic and audiovisual materials, or reverse engineer any of the Application's functionality or programs;
Publicly display and broadcast all or part of the contents of this application in various forms and on various platforms (including but not limited to webcasting platforms, websites, APPs, etc.);
Renting or selling the Application or engaging in any profit-making behaviour using the Application;
Modify or cover up the service name, company logo, trademark (or) copyright information, other intellectual property rights notices, etc., on the contents of this application, such as programmes, images, animations, packaging and manuals;
Other acts that violate trademark law, copyright law, computer software protection regulations and related laws and regulations, and international treaties.
You are responsible for ensuring that the ROM files you use are legally obtained and comply with the intellectual property rights and content compliance requirements of the region in which they are used and international treaties. We are not responsible for the legitimacy of the ROM files you use, and if you use unauthorised ROM files that lead to intellectual property infringement or other legal disputes, you are solely responsible for them, and we do not assume any joint and several liability.
Ⅲ. Registration, Use and Custody of User Accounts
You promise to use the services related to this application with your real identity. You agree that the true and accurate personal information you provide will be the only basis for determining the user's relevance to the account and the user's identity.
If the registration information you provide is inaccurate, untrue, or contains illegal or undesirable information, we have the right not to register and reserve the right to terminate the user's use of this application and related services. If you fraudulently register an account with false information, or if there is illegal or undesirable information in your account avatar or profile, we have the right to take measures such as notification of a deadline for correction, suspension of use and cancellation of the account. For fraudulent use of affiliated organisations or social celebrities to register an account, we have the right to cancel the account, and cooperate with the relevant departments to pursue your responsibility.
You agree that all information, data and records related to the registration and use of the account (including but not limited to account information, registration data, login records, usage statistics, etc.) belong to us. In case of dispute, our system data shall prevail, and we guarantee the authenticity of such data.
Use and Custody of Account:
We have the right to review the authenticity and validity of the identity information provided by you during registration and take reasonable technical and management measures to safeguard account security; you are obliged to keep your account and password properly and use your account correctly and safely;
You have the right and responsibility for all the behaviours of your account in accordance with the law;
If you find that the account or password has been used illegally or there is abnormal use, you should immediately deal with it in accordance with the way we announced, and have the right to notify us to suspend the login and use of the account;
When we take measures to suspend the login and use of the account based on your notification, we have the right to request you to provide and verify the valid proof that is consistent with the registered identity information;
If the proof provided by you is verified to be consistent with the registered information, we will promptly take measures to suspend the login and use of the account;
If you do not provide valid proof, or the proof provided is inconsistent with the registration information, we have the right to reject your request for suspension;
When you provide us with valid proof of consistency with the registration information in order to safeguard your legitimate rights and interests, we will provide the necessary assistance in accordance with the law (including providing the original registration information);
If you do not log in to this application for 180 consecutive days, we have the right to delete the account and all records of the account in the database (including but not limited to your settings, usage data, etc.) from 24:00 on the day of the 180th day, and the deleted data cannot be recovered.
Ⅳ. Game Data
In your use of this application and stored in the application server of any data information, belonging to a part of this application, owned and managed by us, you have the right to comply with the application rules under the premise of the legitimate means of data information belonging to their own user accounts for modification, transfer, abandonment and so on.
Ⅴ. Obligations of Service Providers
Provide you with the content of the game service in accordance with this Agreement.
Ensure that the development, testing, publishing and updating processes of the Application are in full compliance with the relevant provisions of the above documents on application development standards, intellectual property protection, user data security and privacy protection.
Strictly follow the provisions of this Agreement that are binding on the Company.
Ⅵ. User Obligations
You should equip yourself with the necessary equipment for accessing the Internet, including but not limited to mobile smart devices (including but not limited to mobile phones, tablet computers), computers, wireless routers or other necessary Internet devices.
You shall bear the telecommunication fees and network usage fees related to the service that you pay for accessing the Internet.
You shall comply with all applicable laws and regulations in your region as well as international treaties, and shall not use the Application to engage in any illegal activities, including but not limited to infringing on the intellectual property rights of others, distributing malware, or carrying out cyber-attacks.
If you are required to register for an account in order to use the Application, you should keep your account and password secure and not disclose them to others. You are solely responsible for any loss caused by the disclosure of your account or password.
The Application may be linked to third-party websites or services, and we are not responsible for the content, performance, or safety of such third-party websites or services. You shall comply with the relevant terms and conditions of the third party when using the third party website or service.
Users shall be solely responsible for the content of the information they post. In particular, users shall not post the following contents:
Oppose the basic principles determined by the Constitution of the Hong Kong;
Those that endanger national security, disclose state secrets, subvert state power, or undermine national unity;
Those that damage the honour and interests of the state;
Inciting ethnic hatred, ethnic discrimination, and undermining national unity;
Undermining the state's religious policy, propagating cults and feudal superstitions;
Spreading rumours, disturbing social order and undermining social stability;
Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crimes;
Insulting or slandering others, infringing on the legitimate rights and interests of others;
Contain other contents prohibited by the laws and administrative regulations of the Hong Kong.
You shall not interfere with our normal provision of software and services, including but not limited to:
Cracking or modifying the applications we provide, attacking or invading our servers/server-side programs, or overloading the servers;
Creating, publishing, distributing, using any form of aid or programme that interferes with the proper functioning of the Application or undermines fairness exploiting vulnerabilities and errors in the Application to disrupt the proper functioning of the Services, or distributing such vulnerabilities or errors;
Unreasonably interfere with or hinder others from using the software and services we provide;
Logging in to, or using, the Application through unusual or illegal means;
Taking advantage of technical defects or vulnerabilities that may exist in this application or related systems to make profits for themselves and others in various forms (including but not limited to illegally obtaining or copying game data, etc.), or engaging in other improper behaviours.
Ⅶ. Terms of Service
You may download this Application from the Apple App Store, and the download process may require you to comply with the relevant terms and conditions of the Apple App Store.
We may update the Application from time to time to fix bugs, add features or improve performance. Please check back periodically for such updates. If you continue to use the services covered by this Agreement, you will be deemed to have agreed to the modifications; if you do not agree to the modifications, you should uninstall the Application, terminate this Agreement and stop using the Application.
Suspension, Interruption and Termination of Services
For the normal operation of the game server, we need to regularly downtime maintenance of the game server or emergency downtime maintenance for emergencies; due to the above circumstances caused by the normal service interruption, suspension, please understand, we will endeavour to limit the interruption time to the shortest possible time.
Due to technical reasons, legal reasons or other force majeure factors, we may temporarily or permanently interrupt the services of this application. We will give you as much advance notice as possible, but advance notice may not be possible in an emergency. We are not responsible for any loss caused to you due to service interruption.
Ⅷ. Notifications
Notifications that we send to you may be delivered via in-app announcements, email or regular phone calls, tweets and letters. At the same time, you hereby agree that we may send commercial messages to you by email, phone, wechat, letter, etc.
Ⅸ. In-App Purchase Terms
Once you confirm your purchase, the subscription fee will be deducted from your iTunes account and is subject to Apple Inc's terms. Unless auto-renewal is turned off at least 24 hours prior to the end of the current subscription cycle, at the end of the current subscription cycle, your iTunes Account will be automatically charged for the next subscription cycle to complete the subscription renewal.
After purchase, you may manage or turn off auto-renewal at any time in your Apple ID account settings, as described in Apple's full Terms of Use.
Ⅹ. Damages
If your in-game violations cause damage to us or a third party, you shall be held legally liable. We will claim damages against you for our own damages, and have the right to claim back the loss amount from you and require you to bear the reasonable expenses we have incurred in order to realise our rights (including, but not limited to, attorney's fees, litigation fees, travel expenses, preservation fees, bond fees, notary fees, appraisal fees and other expenses incurred in connection with the litigation).
Ⅺ. Force Majeure
We are not responsible for your loss due to force majeure. The force majeure referred to in this agreement include:
Earthquakes, floods, typhoons and other natural disasters, laws and regulations or changes in government directives;
Causes specific to the characteristics of network services, such as the failure of basic telecommunication carriers within and outside the country, technical defects related to computers, mobile devices or the Internet, limitations on Internet coverage, computer and mobile device viruses, hacker attacks and so on;
Other unforeseeable, unavoidable and insurmountable objective circumstances within the legal scope.
If we are unable to perform our obligations under this Agreement due to the above force majeure, we will endeavour to minimise the impact within reasonable limits, but we shall not be liable for any loss caused to you as a result.
Ⅻ. Links and Advertising Terms
All links provided by us in this Application may link to the websites of other individuals, companies or organisations. The purpose of providing such links is to facilitate your own search or access to relevant information. We do not warrant the authenticity, completeness, timeliness or credibility of the products, services or information provided by the websites of the linked individuals, companies or organisations.
Commercial advertisements or other promotional activities may be published in this application. These advertisements or promotions are provided by, and are the responsibility of, the advertisers or commercial service providers, and we only provide the medium through which the content is posted. Your purchase of goods or services through such linked sites or advertisements is solely between you and the provider of such goods or services, and not us. We do not assume any legal responsibility for the transaction between you and the provider of such goods or services, and you should pay special attention to it.
ⅩⅢ. Terms of Use for Minors
These Terms of Use apply to the use of the Application and related services by natural persons under the age of 18 (hereinafter referred to as "Minors"). The use of the Application and the Services by Minors must comply with these Terms and other relevant provisions of this Agreement.
Before using the Application and the Services, the Minor must have his/her legal guardian (hereinafter referred to as the "Guardian") carefully read the entire contents of the Agreement and the Terms and obtain the Guardian's express consent. The Guardian shall ensure that the Minor's use of the Application and Services complies with the laws and regulations and the Agreement.
The Guardian shall be responsible for supervising the Minor's use of the Application and the Services, including but not limited to:
Supervising whether minors use legally obtained game ROM files;
Controlling the time minors use the Application to avoid excessive use;
Reviewing feedback or other content submitted by minors through the Application;
Undertaking all legal liabilities (including but not limited to third-party claims, administrative penalties, etc.) resulting from minors' violation of this Agreement or laws and regulations.
Minors shall not use the Application to engage in any behaviour that violates laws and regulations, public order and morals or this Agreement, including but not limited to:
Spreading illegal, obscene, violent and other undesirable contents;
Infringing on the intellectual property rights or other legal rights and interests of others;
Producing, using or disseminating auxiliary tools that impede the normal operation of this application.
Any payment behaviour (if any) generated by minors through this application must obtain the prior written consent of their guardians, who shall bear full responsibility for such payment behaviour.
Minors are not allowed to register or use this application by fraudulently using the identity information of adults. If such behaviour is found, we have the right to suspend or cancel their accounts and notify their guardians.
ⅩⅣ. Application of Laws and Dispute Resolution
The interpretation and application of this Agreement shall be governed by the laws of the Hong Kong. However, if you use this application in the United States, the United Kingdom, Australia, Canada, Germany, France, Spain, Denmark, the Netherlands and other countries, in addition to other provisions of this Agreement, you should also comply with local laws and regulations, but dispute resolution to the Hong Kong law shall prevail.
Any disputes arising from this Agreement shall be resolved through friendly consultation between the parties. If consultation fails, the parties agree to submit the dispute to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Chengdu in accordance with its rules in effect at that time. The arbitration award shall be final and binding on both parties.
ⅩⅤ. Special Reminder
This application is a simulator tool for game hosts, and only provides technical support for the running environment, and does not contain any game ROM files. You should ensure that the game ROM files used are legally obtained and comply with the requirements of intellectual property rights and content compliance in the region of use and international treaties. Any legal liability (including but not limited to third-party claims, administrative penalties, etc.) resulting from the use of illegal ROM files shall be borne by you.
Please read all the terms of this agreement carefully before using this application, especially the terms that exempt or limit our liability (usually containing expressions such as 'no liability', 'no obligation', 'no guarantee', etc.), the terms that limit your rights (usually containing expressions such as 'may not', "prohibited", 'no right', etc.), and the terms on the applicable law and dispute resolution. If you click 'Agree' or start using this application, it means that you agree to be bound by this agreement.
ⅩⅥ. Other Agreements
In order to avoid disputes, you agree to use the data stored on our servers as the standard of judgement for issues related to data and related technical aspects involved in this agreement. We guarantee the authenticity of this data.
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part for any reason, the other provisions of this Agreement shall remain valid and enforceable.
Our non-exercise, failure to exercise in a timely manner, or failure to fully exercise our rights under this Agreement or in accordance with the law shall not be deemed to be a waiver of such rights, nor shall it affect our ability to exercise such rights in the future.
ⅩⅧ. Contact Us
If you have any questions or suggestions about this Agreement, please feel free to contact us at haoyc666@outlook.com at any time.