Thank you for choosing TapTap!
To use the services provided by the TapTap Platform (hereinafter referred to as the ‘Services’), You should read and abide by the relevant rules specified in the TapTap Developer Agreement (hereinafter referred to as the ‘Agreement’).
Please read carefully and fully understand the content of each clause, especially those which exempt or limit liability, as well as the separate agreements, the clauses of exemption or limitation of liability, and rules for opening or using a certain service, which may be highlighted with bold font.
You shall not use the Services unless You have read and accepted this Agreement and all related agreements, rules and terms. By using the relevant Services, You have read and agreed to the aforementioned binding agreements and rules.
TapTap Platform reserves the right to unilaterally restrict, suspend or terminate the Services to You at any time for any breach by You of this Agreement, and to hold You liable for any such breach.
When necessary, TapTap Platform may update or modify, including but not limited to the contents of this Agreement, the agreements and rules related to the Services, etc. Once such content is published, it becomes an integral part of this Agreement, and You understand and agree to abide by it in the same way.
1. Acceptance of this Agreement
1.1 This Agreement is a legally binding contract between You and TapTap Platform regarding the release, promotion, advertising and other matters of the Game. You are contracting with the applicable business entity that has the right to operate the TapTap Platform in the relevant region. You agree that once You accept this Agreement and register for a Developer account, TapTap will only display the Game in Your name, not in the name of TapTap Platform for Users to download the Game (paid or free). You promise and guarantee that You have full civil capacity and accept this Agreement, that You have the relevant legal qualifications for using this Service, accessing and providing games or related services, or have been reviewed and approved by relevant government departments. You promise and guarantee that the certified proof of entity, relevant qualifications or certificates, and any other documents that You provide are true, accurate, complete, and updated after any changes; You have the ability to perform the obligations and various behaviors under this Agreement; and by performing there obligations and behaviors, You do not violate any legal documents that are binding on You. Otherwise, You shall refrain from using the relevant Services provided by the TapTap Platform, and You shall be solely responsible for all losses caused to the Users and TapTap Platform. You must not use the Services if You do not accept this Agreement.
1.2 You should use the relevant Services provided by the TapTap Platform with a Developer Account. Once the Developer Account is successfully registered, it cannot be changed, transferred, donated, or inherited. You shall store and use the account and password carefully and reasonably, and shall be fully responsible for the operations under this account.
1.3 If You agree to be bound by this Agreement on behalf of Your employer or other entity, You declare and guarantee that You have obtained sufficient legal authorization to bind Your employer or such entity to this Agreement. If You have not obtained the necessary authorization, You may not accept this Agreement or use TapTap Platform on behalf of Your employer or other entity.
2.1 Brand Features refers to the game title, trademarks, logos, domains, and other distinctive brand features independently owned (or legally authorized) by each party.
2.2 Developer or You refers to any individual, legal entity or other organization that has successfully registered on the TapTap Platform and obtained a Developer Account in accordance with the terms of this Agreement.
2.3 Developer Account refers to the account for distribution obtained by the Developer by registration and assigned by TapTap Platform, which allows the Developer to distribute Games and use other Services provided by TapTap Platform.
2.4 Dashboard refers to the back end tool used by Developers after logging into TapTap Developer Center with their Developer Account, which allows them to manage game and view related data with the console or/and other online tools or services provided by the TapTap Platform.
2.5 TapTap Platform refers to websites and the applications of TapTap (domain names include, but are not limited to taptap.com and tap.io), which will provide Services to You in the above and any other new forms that will appear in the future as technology advances.
2.6 Games or Products refer to the products developed by Developers or authorized by the right holder to provide relevant Users with download, pre-registrations, testing and other related services through the TapTap Platform, including but not limited to specific mobile games and game-related text, music, pictures, videos, applications for entertainment, etc.
2.7 Users refer to all players who directly or indirectly use the Games that You release or update on the TapTap Platform.
2.9 Platform Operation Data refers to the relevant data generated in the TapTap Platform, including but not limited to data submitted by Users or/and Developers, data of operation, and various transaction data. The ownership and other related rights to ‘Platform Operation Data’ belong to the TapTap Platform and are the trade secrets of TapTap Platform, except for the relevant rights legally shared by Users or Developers.
3.1 TapTap Platform is a platform open to public Users where Developers can release their Games. To release games on TapTap Platform, You must obtain and maintain a valid Developer Account.
3.2 If Your Game needs to be downloaded by purchase, as required by TapTap Platform, you should additionally sign a cooperation agreement concerning the game with TapTap Platform to make specific agreements on the distribution.
4.TapTap Platform and Developers understand and agree that
4.1 The TapTap Platform is a neutral platform service provider that only provides Developers with game-related services such as storage space for uploads, release, pre-registration, testing, redirection links or other related neutral technical support services for Developers to independently release and promote their Games on TapTap.
4.2 Developer's Game is developed and independently operated by the Developer; it is legally licensed and is solely the responsibility of the Developer. TapTap Platform does not participate in any activities such as the development or operation of the Developer's Game; TapTap Platform does not modify or edit the Developer's Game in any way.
4.3 The Developer is solely responsible for any disputes and liabilities arising from Developer’s Games and services, as well as any consequences caused by Developer’s violation of relevant laws, regulations or the clauses of this Agreement. The Developer is solely liable for the compensations or losses, which will not be related to TapTap Platform. In such case, if the rights of TapTap Platform or others are infringed, the Developer shall bear full responsibility and liability for all damages.
5.Pricing and Maintenance
5.1 Developers reserve the right, at their own discretion or after negotiation with TapTap Platform, to determine the selling price on TapTap Platform, or to make the Game available for free download. TapTap Platform will display the Game in Your name and at the price set by You or after the negotiation.
5.2 You need to provide support for Your Game. If there are any defects or performance issues in the Game downloaded and installed from the TapTap Platform, Users should contact the Developer according to the instructions. You must be fully responsible for such issues. TapTap Platform is not responsible for the support and maintenance of the Game, as well as all processing complaints related to Your Game. If Your Game does not provide appropriate information or support, it may result in lower game ratings, lower exposure, lower sales, settlement disputes, etc., and TapTap Platform reserves the right to remove the Game when necessary.
5.3 Reinstallation. Users can reinstall each Game downloaded from the TapTap Platform for unlimited times, unless the Game is completely removed by You or the TapTap Platform according to relevant regulations.
6.Your Use of TapTap Platform
6.1 Except for the license rights granted in this Agreement or a separate cooperation agreement between Developers and TapTap Platform, TapTap Platform will not acquire any right, title or interest to the Games from You (or Your licensors), including any existing intellectual property rights of such Game.
6.2 You agree to use TapTap Platform only as permitted by this Agreement, any applicable laws and regulations, generally accepted practices, or guidelines in the relevant jurisdictions.
For example, if Users provide You with usernames, passwords, or other login or personal information in order to access Your Game, You must not only make users aware that such information will be used solely for your Game, You must also provide Users with adequate privacy notices and protections as required by law. In addition, Your Game can only use such information for the limited purposes permitted by the User. If Your Game stores personal or sensitive information provided by Users, it must be stored securely and used in strict accordance with applicable laws and corresponding state standards. However, if the User chooses to reach a separate agreement with You, which allows You or Your Game to store or use personal or sensitive information directly related to Your Game (excluding other games), then Your use of such information will be governed by the terms of the separate agreement. If a User has provided the TapTap Platform account or other account information for Your Game, then Your Game may only use the information to access such account with the User’s permission, and can only use it for the limited purposes permitted by the User. You should provide Users with the means to modify and delete their User Data; you should ensure that Users who request to delete their User Data can do so themselves, and that the relevant data is completely deleted.
6.4 Prohibited behaviors. You agree that you will not engage or participate in any interference, interruption, destruction or unauthorized access to any third party’s equipment, server, network or other property or service when using the TapTap Platform or the Services. This also applies to the Game’s development and release. You may not use the User information obtained from TapTap Platform to sell or release games outside the TapTap Platform. You may not provide, sell or transfer User information or data obtained from TapTap Platform to anyone else in any form. You may not use the data for purposes other than those specified in this Agreement without prior written consent from TapTap Platform.
6.5 You agree to take full responsibility for any Game You distribute on the TapTap Platform as well as Games using Tap API or Tap SDK, and the consequences caused thereby. You agree that TapTap Platform is not liable to You or to any third party. These consequences include, but are not limited to, game liability, consumer protection, and/or intellectual property responsibilities related to Your Game.
6.6 You agree to accept full responsibility for all breaches of Your obligations under this Agreement, any applicable third party contracts or terms of service, or any applicable laws or regulations, and for the consequences thereof (TapTap Platform shall not have any liability to You or any third party). If the Game You release on the TapTap Platform has defects of rights or infringes on the legal rights of a third party (including but not limited to patent, trademark, copyrights and the neighboring rights, portrait rights, privacy, reputation, etc.), and as a result TapTap Platform and its affiliates or the third party that cooperates with TapTap Platform are exposed to any claims, litigation, or suffer any damages to reputation or property, You must actively take all possible measures to ensure that TapTap Platform and its affiliates or the third party that cooperates with TapTap Platform are protected from the aforementioned claims and litigation. You also shall be fully liable for the direct and indirect financial damages to TapTap Platform and its affiliates or third parties cooperating with TapTap Platform.
6.7 Reviews and ratings of the Game. Users can rate and write reviews about Games on TapTap Platform. TapTap Platform reserves the right to determine where the Game will be displayed in the TapTap Platform, and to change the way to display the Game and the Game’s ratings to Users in its sole discretion.
6.8 Upload and update. You are responsible for uploading Your Game to the TapTap Platform, as well as providing Users with required Game information and support. You are also responsible for accurately disclosing the necessary security permissions to ensure that the Game works properly on the User's device. TapTap Platform will not release the Game if it is not uploaded properly. Your Game should meet the TapTap Platform's universal requirements in terms of technology and security to ensure that the Game can operate safely and stably on TapTap Platform. Meanwhile, in order to provide Users with quality products and services, You should provide continuous updates of the Game after it is released (including but not limited to downloads, testing, demos, etc.). And You should ensure that the version of the Game available on TapTap Platform is the most up-to-date version available on various public platforms. That is to say, the version of the Game You provide to TapTap Platform shall not be older than the version of the Game available in any other Android gaming platform, regardless of whether the version of the Game available in any other platform is provided or authorized by You.
6.9 You should provide the relevant rights holders with functional avenues of complaint in the Game to ensure that they can assert their rights against You if they believe You have infringed their legal rights.
6.10 In order to provide you with more comprehensive and quality services, TapTap or TapTap's partners (abbreviated as ‘Specific Service Providers’) may also provide You with other specific services, including but not limited to advertising services, cloud services, etc. You have the right to decide whether to use the specific services at Your own discretion according to Your actual needs .
6.11 The specific services in this term may have additional agreements, rules of use, etc. Or the functions, rules and requirements of such specific services may be explained to You in forms of announcements, reminders, etc. If You choose to use a particular service, you shall turn it on in accordance with its requirements and comply with the aforementioned relevant agreements, rules, announcements, etc.
6.12 By logging into and using a specific service in any form, You understand and accept that You are bound by the relevant agreements, rules, or announcements of the specific service.
6.13 You understand and agree that the Specific Service Providers have the right to operate at their own discretion and to take the following actions without your consent or prior notice.
(1) Modifications to the relevant agreements and rules of the specific services, including but not limited to conditions of use, usage, pricing, etc.
(2) Changes to certain content of the specific service, and suspension or termination of the specific service.
You shall refrain from using the relevant services if you do not accept the above changes or modifications. By continuing to use the relevant services, you will be deemed to have agreed to and accepted the relevant changes or modifications.
6.14 Restricted content. The Games that You release on TapTap Platform or games that use TapTap Services must comply with the policies of TapTap Platform and with all applicable laws and other global obligations. You need to declare and guarantee that the Game You release must not contain the following content or behavior:
(a) Violation of the fundamental principles established by the Constitution;
(b) Endangering state security, or harming national honor and interests;
(c) Revealing state secrets, subverting state power or undermining national unity, sovereignty and territorial integrity;
(d) Inciting ethnic hatred, ethnic discrimination and undermining of national unity, or infringement on national customs and traditions;
(e) Undermining the state religious policy and promoting cults or feudal superstitions;
(f) Spreading rumors, disturbing the social order and destabilizing the society；
(g) Spreading obscenity, sexual, gambling, violent, murder, and terror information or instigating crime;
(h) Violation of public order and morals, and causing harm to the public interest;
(i) Insulting or defaming others, and infringing on their legitimate rights and interests;
(j) Violent intimidation, threats, fraud, or violating privacy of other people;
(k) Distribution of commercial advertisements or similar promotional information, excessive marketing information, and spam;
(l) Infringement of privacy, reputation, portrait rights, intellectual property rights and other legitimate rights and interests of others;
(m) Other content or behavior that TapTap Platform deems inappropriate, or prohibited by laws and regulations.
If You violate these terms, TapTap Platform reserves the right to impose penalties depending on the specific circumstance, such as warnings, penalties (fines), restriction/suspension of service, removal of the Game from the platform, closing portal, and termination of Services. You are responsible for compensating all losses caused by violating any of the above clauses to the Users, TapTap Platform, and/or any partners and affiliates of TapTap Platform.
7.Grant of Permission
7.1 You grant TapTap Platform the non-exclusive license, allowing TapTap Platform to release Games (official or beta) that You upload to TapTap, and to provide Users with downloads, pre-registrations, testing services and/or distribution of the Game in the manner specified in the Agreement or cooperation agreement signed by both parties.
7.2 To avoid any doubt or confusion, unless You have agreed otherwise in a written agreement with TapTap Platform, once You provide Users with pre-registrations or testings of Your Game on TapTap Platform, You agree to grant TapTap Platform related non-exclusive licenses, including but not limited to allowing TapTap Platform to release the Game and the following updates on TapTap Platform, to provide Users with pre-registration, testing, and download services, as well as the non-exclusive license specified in clause 7 of this agreement; and You agree to comply with the terms of this Agreement about the relevant rights and obligations during the aforementioned license period, regardless of whether You have granted or will soon grant an exclusive license to another to distribute the game on a global scale or in a designated area when or after the Game is open for pre-registration or testing on the TapTap Platform.
7.3 You grant TapTap Platform the global non-exclusive license, allowing TapTap Platform to copy, run, display, analyze and use Games in activities related to the following: (a) TapTap Platform’s operation and marketing activities; (b) public display for the purpose of introducing and promoting the Games; (c)data sharing inside TapTap Platform; (d) improving TapTap Platform services, and (e) checking whether the Games are in compliance with this Agreement and other relevant platform policy.
7.4 You need to declare and guarantee that You own all intellectual property rights of the Game and those related to the Game, including all necessary patents, trademarks, trade secrets, copyrights or other proprietary rights. If You have used the content provided by a third party, You need to declare and guarantee that You have the right to distribute the third-party content in the Game and that You have obtained written authorization from the owner. You agree that You will not upload any content to the TapTap Platform that is protected by copyright, trade secrets or third-party proprietary rights (including patents, privacy and publicity rights) unless You are the owner of such rights or the rights holders have given You permission to upload such content.
7.5 You agree and guarantee that after opening pre-registration, testing, trial play, or downloads of Games on the TapTap Platform, you should continue to provide updates and downloads to ensure the interests of players and the user experience. If You fail to provide updates or downloads, it is deemed that You have granted TapTap Platform the right to update on its own, including the right to use the updated version You released on other platforms for updates in TapTap Platform. This Agreement takes precedence over any agreements You may have with other platforms, and You shall be solely responsible for all damages resulting therefrom, and You shall compensate TapTap Platform for all damages caused to TapTap Platform.
8.1 All parties own all of their rights, title and interest, including but not limited to all intellectual property rights related to their Brand Features. Except for the limited scope expressly set forth in this Agreement, neither party shall grant to the other any right, title or interest (including but not limited to any implied license) included in or related to its Brand Features, nor shall the other party acquire such right, title or interest. According to the relevant terms of this Agreement, the Developer grants TapTap Platform and its affiliates a non-exclusive limited license during the term of this Agreement, allowing them to display, online or on the mobile device, Developer’s Brand Features provided by the Developer to TapTap Platform for purposes of distributing Games on TapTap Platform or fulfilling related obligations in this Agreement. Nothing in this Agreement grants the Developer the right to use any trade name, trademark, icon, logo, domain name, or other unique brand features of TapTap Platform.
8.2 Publicity The Developer agrees that, to help TapTap to fully present the Game, TapTap Platform and its affiliates or other third parties that cooperate with TapTap Platform may also use the Developer Brand Features provided by the Developer to the TapTap Platform for: (a) any online or mobile games/services owned by the TapTap Platform ; (b) Network, mobile, TV, outdoor (such as billboards) and printed advertising formats outside the TapTap Platform (when the game is mentioned together with the TapTap Platform or other games on the platform) ; (C) Game’s release announcement; (d) Presentation; and (e) Customer list displayed online or on mobile devices (including but not limited to the customer list published on the TapTap Platform).
8.3 To promote the Game, You grant Users the right to post images or videos containing content from Your Game on TapTap Platform. The content published by Users after authorization shall not violate laws and regulations, as well as the rules of the TapTap Platform. You have the right to handle violations by Users independently or by filing a complaint following the procedure specified by the TapTap Platform.
9. Removal of the Game
9.1 Games removed by Developers. Unless You have otherwise agreed in a written agreement with TapTap Platform, You can apply to terminate the distribution of the Game to Users on the TapTap Platform (‘removal’) under the following circumstances: (a) You decide to terminate the Game operation; and (b) You have removed the Game on all other Android gaming platforms, or You can ensure that the time of removal on other platforms is no later than that on TapTap. You should inform TapTap Platform of the relevant decisions in writing 90 days in advance. The written notice should include the reasons for the planned termination of services, the plan or situation of the other platforms where the Game is to be removed, and the specific date when the Game is to be removed from the TapTap Platform. After being confirmed by TapTap Platform and completing the relevant procedures, the Game can be removed from TapTap.
Regardless of the reason, if You need to terminate the Game service, You should make an announcement of it to the Users on the Game-related page at least 60 days in advance, and also close the payment portal in accordance with the relevant regulations or rules. The announcement should remain accessible to the public until the day when the Game officially terminates the service.
The removal of Game (a) will not affect the permissions from Users who have previously purchased or downloaded the Game; (b) will not remove the Game from the User’s device if it has already been installed; (c) will not alter Your delivery or obligations of support for Games or services previously purchased or downloaded by Users.
9.2 Games removed by TapTap Platform. TapTap Platform is not obliged to monitor the Game. However, TapTap Platform may decide to remove the Game from the TapTap Platform or move it to another category if TapTap Platform knows and determines, from Your notifications, third-party complaints, User reports, institutional supervision or other measures, that Your Game or Your Brand Features includes any of following information: (a) Violations of the intellectual property rights or any other rights of the third party; (b) Violation of any applicable law or regulations; (c) Violation of clause 6.14 (Restricted Content) of this Agreement, or TapTap Platform policy which TapTap has the right to update when necessary; (d) You have improperly distributed the Game; (e) You may cause TapTap Platform or authorized operators to bear legal liabilities; (f) TapTap Platform considers Your Game as a malware, spyware, or to carry viruses, or to have a negative influence on TapTap Platform or the authorized operator’s network; (g) Violation of this Agreement or other agreements, terms or rules for Developers; or (h) The display of the Game affects the integrity of TapTap Platform’s server (that is, cause the User to be unable to access the TapTap Platform, the Game, or cause other difficulties in accessing the aforementioned content).
If You violate any relevant agreement with the TapTap Platform or rules of TapTap Platform, TapTap Platform may restrict, suspend or terminate any Services provided to You in accordance with the relevant agreements and rules, including removing Your Game. TapTap Platform reserves the right to restrict, suspend and/or ban any Developer from using any of the TapTap Platform Services in its sole discretion. If Your Game contains elements that may seriously damage the User's device or data, TapTap Platform has the right to disable the Game, remove its related packages or disconnect related links.
9.3 You hereby acknowledge and agree that the Game reviews, Game ratings and Game posts are all parts of the User Data, and that the related rights belong to the User or/and the TapTap Platform. In the event of unauthorized use of User Data by any third parties by reposting, copying, etc., TapTap Platform reserves the right to act on its own behalf to enforce the rights, including but not limited to, sending notices of rights, filing civil lawsuits, and filing administrative reports. In order to protect related rights and interests of Users, after the Game is removed, TapTap Platform has the right to keep all the pages related to the removed Game, including all product information, User reviews and ratings, Moment and contents in Group, except that the download of the Game will no longer be available.
10. Developer Account
You agree to maintain Your own Developer Account registered on the TapTap Platform and to take full responsibility for all Games uploaded or released using Your Developer Account. If You choose to use the SDK or other Services provided by TapTap Platform, You should use it in accordance with laws and regulations and the rules of the TapTap Platform.
11. Tap SDK (or Tap API) Services
11.1 If You choose to use the Tap SDK (or Tap API) services, you guarantee (and shall procure Your users to guarantee) that Your (and Your users') use of the service will not violate the provisions of state laws and regulations and will not infringe upon the rights and interests of any third party, and that You (and Your users') shall be solely responsible for any consequences and losses resulting therefrom.
11.2 You fully understand and agree (and shall procure Your users to fully understand and agree) that while using the Services, You (and Your users) shall not, except as permitted by law or regulation and with TapTap's prior written permission, engage in or agree to authorize or direct any third party to engage in any of the following activities.
(a) Removal of any copyright notices, trademark notices, or other proprietary notices included in the Services. This includes but is not limited to any actions that damage all relevant intellectual property rights of TapTap.
(b) Providing information to any third party that explicitly or implicitly misleads the third party to believe that the service available to them is owned, sponsored or endorsed by TapTap.
(c) Promoting or providing information describing illegal acts, promoting harm against any group or individual, or spreading any destructive content such as viruses, defects, and malwares.
(d) Reverse engineering or attempting to extract source codes from the Services or any part of the Services, or to obtain raw data and other data of the Services.
(e) To make copy, changes, modifications and other operations on the Services or any data released during the operation of the Services, including but not limited to using plug-ins, extensions or non-authorized third-party tools or services to access the Service or related systems.
(f) To create any website or application to reproduce or duplicate the Services or TapTap Platform.
11.3 TapTap has limited the number of service requests and concurrent requests You can initiate per day. We may temporarily discontinue Your (or Your user's) normal use of the Services after the relevant Services has reached its maximum capacity. Subject to prior mutual agreement, you (and Your users) shall properly, fully and conspicuously note in the application with words such ‘TapTap’ or ‘(Technology) supported by TapTap’.
11.4 You (and Your users) shall decide, based on Your own judgment, whether to use the contents of the Services and to bear all risks arising from the uses, including risks arising from reliance on the accuracy, completeness, accuracy, timeliness and practicality of the Services and its contents. TapTap makes no guarantees in this regard and will not be liable to You (or Your users) for any consequences or losses arising from the above risks.
11.5 You agree (and You also shall obtain Your users’ prior consent) to hereby grant TapTap a free, permanent, irrevocable, non-exclusive and non-transferable right and license to use Your (and Your User's) logo or content to promote your (and your User's) use of the Services during the term of this Agreement.
11.6 If Your application or service needs to collect any data from Your users, You must obtain your users' explicit consent in advance. Only the data necessary for the operation and functionality of the application shall be collected. To protect Your users' right to know，they should be informed of the purpose, scope and usage of the relevant data collection.
12.1 To keep innovating and improving TapTap Platform, TapTap Platform may collect certain statistics through the TapTap Platform, including but not limited to information on the usage of TapTap Platform.
13. Termination of Agreement
13.1 This Agreement will remain in effect unless terminated by either You or TapTap Platform in accordance with the following terms.
13.2 If You wish to apply for removal of the Game and terminate this Agreement in accordance with clause 9.1, You must notify TapTap Platform in advance in writing, and this Agreement can be terminated only after TapTap Platform has agreed. Before the termination of this Agreement, You may not remove the Game on Your own decision, otherwise You will be liable for breach of contract.
13.3 TapTap Platform has the right to unilaterally terminate this Agreement upon written notice if any of the following circumstances occurs:
(a) You have violated the clauses of this Agreement or any separate cooperation agreement signed with TapTap Platform;
(b) The removal of the Game, suspension or termination of the Services, or other conditions for termination as agreed in this Agreement have happened;
(c) The relevant Services under this Agreement are required to be terminated in accordance with laws and regulations, relevant court decisions or the requirements of government agencies;
(d) Due to force majeure, You are unable to continue to use the Services or TapTap Platform cannot provide such Services;
(e) You are no longer entitled to use the TapTap Platform Services as a legal or valid rights holder;
(f) TapTap Platform has decided to terminate the Services.
13.4 If this Agreement or this Service is terminated for any reason, for all the data in Your account or any information You store on the TapTap Platform server by using this Service, TapTap Platform may, at its sole option and depending on the case, retain or delete such information, including any data that You have not completed prior to the termination of the Service.
13.5 If this Agreement or the Services are suspended/terminated for any reason, You shall be responsible for the backup of data and other information. You shall also be responsible for handling matters related to Your Users and compensating TapTap Platform for any resulted damage to TapTap Platform.
14.1 You understand well and agree that TapTap Platform provides its Services on an ‘as are’ and ‘as available’ basis without warranties of any kind, and You agree to use TapTap Platform at Your own risk. While TapTap Platform will try its utmost to ensure the continuity and safety of the Services, TapTap Platform cannot guarantee that the Services provided will be flawless to any extent, nor can TapTap Platform anticipate and guard against all legal, technical and other risks at all times, including but not limited to, service interruptions, loss of data, and other damages and risks that may result from force majeure, viruses, malwares, hacker attacks, system instability, third-party service defects, governmental actions, or other causes. Therefore, You also agree that even if there are possibly defects in the Services provided by TapTap Platform, such defects are unavoidable due to the technical capability of the industry at the time and will not be considered a breach of contract by TapTap Platform. In addition, You agree to waive the liability of TapTap Platform for any loss of data or information that You may suffer as a result.
14.2 You must bear all the responsibilities and risks for Your use of the TapTap Platform and the Services, as well as any content obtained by Users through downloading or other methods from Your above-mentioned behaviors; You must bear full responsibility for the damage or data loss to Your or related Users' computer systems or other equipment caused by such use.
14.3 TapTap Platform further expressly disclaims all warranties and conditions of any kind, explicit or implicit, which includes but are not limited to merchantability, suitability for specific purposes, and implied warranties or conditions of non-infringement of the rights of others.
14.4 Due to the unique nature of network services, TapTap Platform reserves the right to, based on TapTap Platform's overall operations or related operating rules and regulations, change, suspend or terminate some or all of the Services at any time without notice to You, and You agree to waive TapTap Platform's liability for any damages caused to You as a result.
14.5 In order to provide You with more comprehensive Services, TapTap Platform has the right to regularly or occasionally inspect, maintain or upgrade the platform or related equipment that provides this Services. Such circumstances may cause the relevant Services to be interrupted or suspended within a reasonable time. If this causes You any loss, You agree to waive the responsibility of TapTap Platform.
14.6 During the use of Services, risk factors such as force majeure may cause the interruption of this Service. Force majeure refers to incidents that cannot be foreseen, overcome, or avoided, and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, pandemics and storms, etc., as well as social events such as wars, turmoil, government actions, etc. When the above situation occurs, TapTap Platform will work hard to cooperate with the relevant units in the first time to process the issue. If this causes losses to You, You agree to waive the responsibility of TapTap Platform.
15. Limited Liability
You well understand and agree that TapTap Platform, its affiliates, and its licensors, will not be liable for any direct, indirect, incidental, special, consequential or punitive losses from excess damages (including any loss of data) as a result of Your usage as described above, whether based on any theory of related liability, and whether or not the TapTap Platform or its representatives have been advised or should have been advised of the possibility of such damages.
16.1 To the fullest extent permitted by law, you agree to indemnify and hold TapTap Platform, its affiliates, their respective directors, officers and agents, and authorized operators harmless from and against any third party claims, actions, lawsuits, losses, and expenses (including reasonable attorneys' fees) arising out of (a) your use of the Services violating this Agreement, (b) your Game's infringement of any copyright, trademark, trade secret, patent or other intellectual property right of another, infringement of reputation, or violation of other's right to disclosure or right to privacy.
16.2 To the fullest extent permitted by law, You agree to indemnify and hold the applicable payment processor (including TapTap Platform and/or third parties), its affiliates, directors, executives, employees and agents harmless from and against any third-party claims, legal actions/proceedings, and all losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of any taxes associated with the release of the Game on the TapTap Platform.
16.3 You are solely responsible for all liabilities as a result of Your operation being prohibited by the government for violation of relevant laws and government regulations, or Your operation being investigated or sanctioned by the administrative authorities due to illegal operation. If this negatively affects the TapTap Platform, You shall be responsible for all losses incurred by TapTap Platform and for restoring the reputation of TapTap Platform, in which case the TapTap Platform shall have the right to unilaterally terminate this Agreement. If You are found to have violated the law, or to provide a Game that contains information that is illegal or may infringe on the legal rights of others, whether or not negative consequences have been caused, TapTap Platform reserves the right to require You to immediately replace or modify the content, or to unilaterally terminate this Agreement, and to claim damages from You.
17. Changes to the Agreement
TapTap Platform may modify and update this Agreement at any time. In that case, TapTap Platform will post a notice on this page and/or the Dashboard describing the changes to this Agreement. Please check this Agreement regularly. All changes will not be retroactive. There are two situations in which changes take effect and are deemed to have been accepted by the Developer: (a) For those who register as Developers after the change, the change will take effect immediately; (b) For the existing Developers before the change, the change will take effect on the date specified in the notice, but those required by law will take effect immediately. If You disagree with any changes to this Agreement, You may notify TapTap Platform in writing of Your disagreement and the matter will be resolved by bilateral consultation, and You must discontinue using the Services provided by TapTap Platform from the day You give TapTap Platform notice of Your disagreement to the day when both parties reach a mutual agreement or You decide to accept the terms of this Agreement. You agree that Your continued use of TapTap Platform, including the related Services, constitutes Your acceptance of the binding terms of this Agreement as modified.
18. General Legal Terms
18.1 This Agreement constitutes the complete legal agreement between You and TapTap Platform. Your use of TapTap will be bound by this Agreement. And this Agreement will completely supersede any prior developer agreement between You and TapTap Platform regarding the use of the TapTap Platform Services. TapTap Platform reserves the right to modify the terms of this Agreement, platform policies, etc. at any time. Matters not covered in this Agreement shall be subject to other agreement between both parties.
18.2 You agree that the TapTap Platform's failure to exercise or enforce any of its statutory rights or remedies described in this Agreement (or the TapTap Platform's rights under any applicable law) shall not be deemed that TapTap platform has officially waived these rights. TapTap Platform can still exercise these rights or take corresponding remedial measures.
18.3 You agree that any software, services, hardware, materials, files disclosed to You by TapTap Platform due to Your identity as a Developer are TapTap's confidential information. Unless You have obtained written consent from TapTap Platform, You may not disclose TapTap's confidential information to any third party. Such confidentiality obligations will remain valid after the termination of this Agreement.
18.4 If any court having jurisdiction over such matters determines that any term of this Agreement is invalid, TapTap Platform will remove such term from this Agreement without affecting the remainder. The remaining terms of this Agreement shall still be valid and enforceable.
18.5 Region restrictions. Usage of Services and Games on TapTap Platform may be subject to the local laws and regulations where the Services are used. You must comply with all relevant laws, regulations or policies applicable to the country or region where Your Game is released or used. These laws, regulations or policies include restrictions on regions where the Game service shall be used, the users, and final use of the Game.
18.6 Without the prior written permission of the other party, You or TapTap Platform shall not transfer the rights granted in this Agreement. Without the prior written permission of the other party, You or TapTap Platform may not delegate the responsibilities or obligations set forth in this Agreement to any other party. Any other attempts to transfer are invalid.
18.7 All complaints arising from or related to this Agreement or the relationship between You and TapTap Platform based on this Agreement are subject to the laws of mainland of the People's Republic of China. In addition, any disputes related to this Agreement shall be resolved by both parties by friendly negotiation. If the negotiation fails, both parties agree to submit the dispute to the Shanghai International Arbitration Center for arbitration in accordance with its arbitration rules. The language used in arbitration shall be Mandarin Chinese. Nevertheless, You agree that the TapTap Platform can still request injunctive relief from the courts in any jurisdiction.
18.8 TapTap Platform may send You various agreements, rules, notices, and tips about this Service by announcements or prompts on websites, as well as emails, text messages, notice to your TapTap Platform account, or by mail. Such information, once published or sent by any of the aforementioned methods, shall be deemed to have been delivered and shall be binding on You.
18.9 After the expiration or termination of this Agreement, the confidentiality and dispute resolution clauses will continue to be effective. (The End)