SOFTWARE LICENSE AND SERVICE AGREEMENT

USE OF THIS SOFTWARE PROGRAM (AND ANY UPDATES), ANY ONLINE SERVICES, OR DOWNLOADS ASSOCIATED HEREWITH, THE SOFTWARE (INCLUDING FIRMWARE) FOR ANY RELATED PERIPHERALS (collectively, ”Peripheral”), THE ASSOCIATED MEDIA, PRINTED MATERIALS, AND DOCUMENTATION (collectively, “Program”) IS SUBJECT TO THIS SOFTWARE LICENSE AND SERVICE AGREEMENT (“Agreement”). IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OR EIGHTEEN (18) YEARS OF AGE, WHICHEVER IS OLDER, PLEASE ASK YOUR PARENT OR GUARDIAN TO READ AND ACCEPT THIS AGREEMENT ON YOUR BEHALF BEFORE YOU USE THE PROGRAM. BY OPENING THIS PACKAGE, DOWNLOADING, INSTALLING, OR USING THE PROGRAM OR “CLICKING TO ACCEPT,” YOU ACCEPT THE TERMS OF THIS AGREEMENT WITH THE YU YANG LLC ENTITY SET OUT IN SECTION 17 ("Yu Yang") DEPENDING ON WHERE YOU ACQUIRED AND USE THE PROGRAM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE PROGRAM. TO REJECT THESE TERMS, YOU MUST NOT “CLICK TO ACCEPT” THESE TERMS OR INSTALL, COPY, OR USE THE PROGRAM.     

FOR RESIDENTS IN NORTH AMERICA ONLY: YU YANG’S PRIVACY POLICY AVAILABLE AT https://www.moeke.xyz/privacy-policy SHALL BE DEEMED TO BE PART OF THE “AGREEMENT” ACCEPTED AND AGREED TO BY YOU AND THE TERMS OF SUCH ARE INCORPORATED HEREIN BY REFERENCE.  

FOR RESIDENTS OUTSIDE NORTH AMERICA: IF YOU (OR, IF APPLICABLE, YOUR PARENT OR GUARDIAN) DO NOT AGREE TO THIS AGREEMENT, THEN YOU MUST NOT USE OR ACCESS THE PROGRAM OR ANY PART THEREOF. BY “CLICKING TO ACCEPT,” YOU REPRESENT AND WARRANT THAT YOU ARE A “NATURAL PERSON” WHO IS OVER THE AGE OF EIGHTEEN (18) OR WHOSE LEGAL GUARDIAN HAS ACCEPTED AND AGREED TO THIS AGREEMENT. PLEASE NOTE THAT YOUR RIGHTS IN RESPECT OF ONLINE SERVICES AND SERVICE PROVIDED CONTENT ARE COVERED IN SECTIONS 12 AND 13. YOUR USE OF THE PROGRAM SHALL BE SUBJECT TO THE TERMS OF YU YANG’S PRIVACY POLICY AVAILABLE AT https://www.moeke.xyz/privacy-policy.    

FOR RESIDENT OUTSIDE THE EUROPEAN UNION AND THE UNITED KINGDOM: EXCEPT FOR SECTION 16 (ARBITRATION AND CLASS ACTION WAIVER), YU YANG RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME BY ANY MEANS, INCLUDING WITHOUT LIMITATION BY (1) POSTING THE MODIFICATIONS TO https://www.moeke.xyz/terms AND/OR (2) REQUIRING YOU TO “CLICK TO ACCEPT” THE AGREEMENT, AND YOUR CONTINUED USE OF THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY FUTURE MODIFICATIONS TO THE AGREEMENT ARE UNACCEPTABLE TO YOU OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE WITH THIS AGREEMENT, YOU MUST TERMINATE, AND IMMEDIATELY STOP USING, THE PROGRAM. IF ANY FUTURE MODIFICATIONS ARE IMPLEMENTED AS A “CLICK TO ACCEPT” AGREEMENT, YOU MAY NOT BE ABLE TO CONTINUE USING THE PROGRAM UNLESS YOU AFFIRMATIVELY ACCEPT THE MODIFIED AGREEMENT.

FOR RESIDENTS IN THE EUROPEAN UNION AND THE UNITED KINGDOM: FROM TIME TO TIME, YU YANG MAY MODIFY, ADD TO, SUPPLEMENT OR DELETE TERMS OF THIS AGREEMENT, FOR INSTANCE IF THERE IS A CHANGE TO ITS PRODUCTS AND SERVICES, TO IMPROVE PLAYERS’ SAFETY OR IN CASE OF CHANGE IN APPLICABLE LAWS. IF YU YANG SUBSTANTIALLY CHANGES THE TERMS OF THIS AGREEMENT, YU YANG WILL NOTIFY YOU IN ADVANCE BEFORE THE NEW TERMS OF THIS AGREEMENT COME INTO EFFECT AND YOU WILL BE ASKED TO ACCEPT THOSE CHANGES TO CONTINUE TO USE YU YANG PRODUCTS AND SERVICES. YOU WILL HAVE THE OPTION TO REFUSE THE AMENDED AGREEMENT, BUT IF YOU DO YOU WILL NO LONGER BE ABLE TO USE SUCH YU YANG PRODUCTS AND SERVICES. THE APPLICABLE VERSION OF THE AGREEMENT IS AVAILABLE ON OUR WEBSITE https://www.moeke.xyz/terms, SO WE ADVISE YOU TO CHECK WHETHER THE TERMS OF THE AGREEMENT HAVE BEEN UPDATED EACH TIME YOU USE YU YANG PRODUCTS AND SERVICES. CHANGES TO THE TERMS OF THIS AGREEMENT WILL NOT AFFECT YOUR RIGHTS, WILL NOT SUBSTANTIALLY CHANGE THE CONTRACTUAL BALANCE BETWEEN YOU AND YU YANG, AND WILL NOT HAVE RETROACTIVE EFFECT.

1. SERVICES AND ADDITIONAL TERMS OF SERVICE: USE OF CERTAIN FEATURES OF THE PROGRAM, INCLUDING ONLINE OR MULTIPLAYER COMPONENTS, OR UPDATED FEATURES, MAY REQUIRE ASSENT TO ADDITIONAL TERMS OF SERVICE.  YOU WILL BE PROVIDED WITH THESE ADDITIONAL TERMS OF SERVICE AT THE TIME THE APPLICABLE FEATURES ARE MADE AVAILABLE TO YOU.  IF YOU DO NOT ASSENT TO THE ADDITIONAL TERMS OF SERVICE, YOU MAY NOT BE ABLE TO ACCESS OR USE THE ADDITIONAL FEATURES THAT ARE SUBJECT TO THE ADDITIONAL TERMS OF SERVICE.

2. LIMITED USE LICENSE: Subject to any system requirements, YU YANG grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of the software component(s) of the Program solely for your personal use. All rights not specifically granted are reserved by YU YANG. The Program is licensed, not sold, for your use. Your license confers no title or ownership in the Program, and should not be construed as a sale of any rights in the Program.  This Agreement shall also apply to patches or updates you may obtain for the Program, unless that patch or update is accompanied by additional terms.  YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THIS AGREEMENT, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY PRODUCT OR SERVICE PROVIDED CONTENT (AS DEFINED BELOW), INCLUDING, WITHOUT LIMITATION, ONLINE ACCOUNTS, ANY VIRTUAL CURRENCY OR GOODS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO SUCH PRODUCTS AND SERVICE PROVIDED CONTENT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF YU YANG.

FOR RESIDENTS OUTSIDE NORTH AMERICA: For the avoidance of doubt, nothing in Section 2 shall limit your right to sell and transfer the physical media containing the Program which you have rightfully purchased.

3. LICENSE CONDITIONS: This license is subject to the following limitations ("License Limitations"). Any use of the Program in violation of the License Limitations is a serious violation of this Agreement and will result in an immediate termination of your license and, if you are a resident outside North America, additional consequences set out in Section 8(2)(c), and continued use of the Program will be an infringement of YU YANG's copyrights and other rights in and to the Program.

A. You agree that you will not do, or allow, any of the following: (1) exploit the Program commercially; (2) subject to any system requirements, use the Program on more than one system at the same time; (3) make copies of the Program, in whole or in part; (4) without limiting the foregoing clause (3), copy the Program onto a hard drive or other storage device unless the Program itself makes a copy during installation, or unless you are downloading the Program from an authorized YU YANG online retailer; (5) use the Program in a network, multi-user arrangement, or remote access arrangement, including any online use except as included in the Program functionality; (6) sell, rent, lease, license, distribute, or otherwise transfer the Program; (7) subject to applicable laws, reverse engineer (unless expressly permitted by YU YANG), derive source code, modify, decompile, disassemble, or create derivative works of the software and other proprietary technology in the Program, in whole or in part; (8) create, develop, modify, offer, make available, distribute, host, promote, advertise, or use any unauthorized software programs to gain advantage in any offline, online or multiplayer game modes, including, but not limited to, cheats, automation software (bots), modded lobbies, hacks, mods, or engaging in any form of cheating, boosting or booting (such behavior will be subject to sanction at YU YANG’s discretion; for more information see the Program’s applicable Security and Enforcement Policy available at https://www.moeke.xyz/terms (9) remove, disable, or circumvent any proprietary notices or labels contained on or within the Program; or (10) use, access, download, or otherwise export, reexport, or transfer the Program in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”).

B.    Unless expressly permitted by YU YANG and subject to applicable local laws, YOU AGREE NOT TO PERMIT THE SOFTWARE IN THE PERIPHERAL OR ANY PART OF IT TO BE COMBINED WITH, BECOME INCORPORATED IN, OR USED WITH ANY SOFTWARE PRODUCT OTHER THAN THE PROGRAM.

FOR RESIDENTS OUTSIDE THE EUROPEAN UNION AND THE UNITED KINGDOM: ALL RIGHTS GRANTED TO YOU UNDER THIS AGREEMENT (INCLUDING YOUR USE OF THE SOFTWARE IN THE PERIPHERAL) WILL TERMINATE IMMEDIATELY IN THE EVENT THAT YOU ARE IN BREACH OF ANY OF THE TERMS OF THIS AGREEMENT, THIS PARAGRAPH OR DO ANYTHING WITH ANY SOFTWARE IN THE PERIPHERAL THAT IS NOT EXPRESSLY PERMITTED BY THIS AGREEMENT.

FOR RESIDENTS IN THE EUROPEAN UNION AND THE UNITED KINGDOM: ALL RIGHTS GRANTED TO YOU UNDER THIS AGREEMENT (INCLUDING YOUR USE OF THE SOFTWARE IN THE PERIPHERAL) WILL TERMINATE IMMEDIATELY IN THE EVENT THAT YOU SERIOUSLY VIOLATE THE TERMS OF THIS AGREEMENT. VIOLATION OF THIS SECTION B OR DOING ANYTHING WITH ANY SOFTWARE IN THE PERIPHERAL THAT IS NOT EXPRESSLY PERMITTED BY THIS AGREEMENT IS A SERIOUS VIOLATION OF THIS AGREEMENT.

C.    You agree not to do any of the following actions while using the Program:  (A) harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity; (B) transmit any UGC (as defined in Section 14) that YU YANG considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, sexually, ethnically or otherwise objectionable; (C) impersonate any person or entity, including but not limited to YU YANG; (D) disrupt normal Program functionality, or otherwise act in a manner that negatively affects other participants and/or the overall Program experience; (E) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; (F) intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing the Program; (G) post multiple posts of the same content (i.e., “spam”);  or (H) invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right.

D.    You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilize the Program under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your use of the Program in such country or region is authorized by U.S. law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo; and (4) will not use the Program in connection with an end-use prohibited by U.S. law.

E.    Parents and guardians of children under the age of majority in their jurisdiction or 18 years of age, whichever is older, agree that you will be responsible for all uses of the Program by your child whether or not such uses were authorized by you.

F.    Communications made using a Product should not be considered private. YU YANG may monitor and/or record your communications (including without limitation chat text or voice communications) when you are using a Product, and you hereby provide your irrevocable, express consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any UGC or communications, including without limitation chat text or voice communications. Because voice chat and other communications may be viewed and/or heard by other users, users should avoid revealing any personally identifiable information.

  Additionally, YU YANG may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities consistent with the YU YANG Privacy Policy available at https://www.moeke.xyz/privacy-policy

4. OWNERSHIP: All title, ownership rights, and intellectual property rights in and to the Program are owned by YU YANG, affiliates of YU YANG, or YU YANG’s licensors. The Program is protected by the copyright laws of the United States of America, international copyright treaties, conventions and other laws. The Program may contain certain licensed materials, and YU YANG’s licensors may protect their rights in the event of any violation of this Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON AN YU YANG SYSTEM (“ACCOUNT”), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THESE ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF YU YANG.

FOR RESIDENTS IN NORTH AMERICA: YU YANG MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

5. PATCHES AND UPDATES: YU YANG may deploy or provide mandatory patches, updates, and modifications to the Program that must be installed for you to continue to use the Program. Broadband internet is required for such patches, updates, and modifications. You are responsible for any and all broadband access and usage fees.

FOR RESIDENTS OUTSIDE THE EUROPEAN UNION AND THE UNITED KINGDOM: YU YANG may update the Program remotely without notifying you, and you hereby grant to YU YANG consent to deploy and apply such patches, updates, and modifications.

FOR RESIDENTS IN THE EUROPEAN UNION AND THE UNITED KINGDOM: YU YANG may update the Program remotely without notifying you, provided that any such updates do not result in material derogation in the functionality of the Program, and you hereby grant to YU YANG consent to deploy and apply such patches, updates, and modifications.

6. LIMITED HARDWARE WARRANTY (RESIDENTS IN NORTH AMERICA AND AUSTRALIA ONLY): 

6(A)  YU YANG warrants to the original consumer purchaser of this Program that the physical media on which this Program is stored and any physical accessories (together the “Goods”) will be free from defects in material and workmanship for 90 days from the date of purchase. If the Goods are found defective within 90 days of original purchase, YU YANG agrees to replace, free of charge, the applicable defective Goods within the applicable 90 day period, upon its receipt of the Program (postage paid, with proof of the date of purchase) so long as the Goods are still being manufactured by YU YANG. If the Goods are no longer available, YU YANG retains the right to substitute similar goods of equal or greater value. This warranty is limited to the Goods, as originally provided by YU YANG, and is not applicable to normal wear and tear. This warranty shall not be applicable, and shall be void, if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.  EXCEPT AS SET FORTH HEREIN, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.

FOR RESIDENTS IN NORTH AMERICA: For information about warranty replacement, or other customer service inquires, visit https://www.moeke.xyz/privacy-policy. If a replacement is appropriate you will need to return: (1) the original Goods; (2) a copy of your dated sales receipt; (3) your name and return address; (4) a description of the defect and the problem(s) you are encountering; and (5) the incident/RMA number given to you by Customer Support.

FOR RESIDENTS OF AUSTRALIA: This warranty is provided in addition to other rights and remedies you may have regarding the Goods provided to you in this game bundle, under the Australian Consumer Law. The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. Please contact YU YANG email yuyang@yuyang.vip if you have an issue with the Goods provided to you in this game bundle. If a replacement or repair is required YU YANG will instruct you on the process.

7. LIMITATION OF DAMAGES: 

7(A) FOR RESIDENTS IN NORTH AMERICA:

YU YANG SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF YU YANG HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. YU YANG’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

7(B) FOR RESIDENTS OUTSIDE NORTH AMERICA:

NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE YU YANG'S LIABILITY TO YOU:

FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;

FOR FRAUDULENT MISREPRESENTATION; OR

FOR ANY OTHER LIABILITY THAT MAY NOT, UNDER THE LAWS OF THE JURISDICTION WHERE YOU RESIDE, BE LIMITED OR EXCLUDED.

SUBJECT TO THIS, IN NO EVENT SHALL YU YANG BE LIABLE TO YOU FOR ANY BUSINESS LOSSES AND ANY LIABILITY YU YANG DOES HAVE FOR LOSSES YOU SUFFER IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE AND SHALL NOT, IN AGGREGATE, EXCEED THE GREATER OF THE FOLLOWING: THE TOTAL PRICE PAID BY YOU FOR THE PROGRAM (PLUS ANY PAID-FOR SERVICE PROVIDED CONTENT) OVER THE PREVIOUS 12-MONTHS FROM THE DATE ON WHICH THE LIABILITY ARISES; OR THE SUM OF GBP£500 OR EQUIVALENT AMOUNT UNDER THE CURRENT FOREIGN EXCHANGE RATE.

8. TERMINATION: 

1.    FOR RESIDENTS OF NORTH AMERICA: Without Without prejudice to any other rights of YU YANG, if you fail to comply with the terms and conditions of this Agreement and subject to the severity of your breach, YU YANG, at its discretion, may either sanction your behavior or terminate this Agreement. The applicable Program’s Security and Enforcement Policy available at https://www.moeke.xyz/home sets out more in detail sanctionable actions and the types of applicable sanctions. In the event of termination for this reason, you must destroy all copies of the Program and all of its component parts.  You may also terminate the Agreement at any time by permanently deleting any installation of the Program, and destroying all copies of the Program in your possession or control.

2.    FOR RESIDENTS OUTSIDE OF NORTH AMERICA:

a.     YU YANG MAY TERMINATE THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT AND/OR SUSPEND, MODIFY, OR DELETE YOUR ACCOUNT AT ANY TIME WITHOUT GIVING YOU ANY PRIOR NOTICE IF YOU SERIOUSLY VIOLATE THIS AGREEMENT. SERIOUS VIOLATIONS ARE VIOLATIONS OF IMPORTANT PROVISIONS WHICH INCLUDE SECTION 3, 11(A) AND 11(D) OF THIS AGREEMENT, REPEATED VIOLATIONS OF OTHER PROVISIONS OF THIS AGREEMENT (INCLUDING FURTHER NON-COMPLIANCE WHERE YOU HAVE ALREADY RECEIVED A PRIOR WARNING), OR AS OTHERWISE DETAILED IN THE APPLICABLE PROGRAM’S SECURITY AND ENFORCEMENT POLICY AVAILABLE AT https://www.moeke.xyz/home.  IF YOU THINK THAT SUCH DECISION WAS TAKEN WRONGLY, YOU CAN CONTACT YU YANG AT yuyang@yuyang.vip. IF YU YANG CANNOT RESOLVE YOUR COMPLAINT AND YOU ARE A RESIDENT OF THE EUROPEAN UNION, YOU CAN USE THE ONLINE DISPUTE RESOLUTION PLATFORM SET UP BY THE EUROPEAN COMMISSION WHICH YOU CAN ACCESS AT http://ec.europa.eu/odr.  

b.      YU YANG MAY ALSO TERMINATE THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT AND/OR SUSPEND, MODIFY, OR DELETE YOUR ACCOUNT IF IT HAS ANOTHER VALID REASON TO DO SO (FOR EXAMPLE, CEASING AN ONLINE SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE SERVICE OVER TIME) OR WITHOUT REASON BY GIVING YOU A REASONABLE PRIOR NOTICE.

c.    IF YU YANG TERMINATES THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT AND/OR SUSPENDS OR DELETED YOUR ACCOUNT, THIS MEANS THAT:

                       i.   YOUR ACCESS TO AND RIGHT TO USE THE PROGRAM WILL BE REVOKED. 

3.       The following provisions shall survive termination of this agreement: LICENSE CONDITIONS (SECTION 3), OWNERSHIP (SECTION 4), LIMITED HARDWARE WARRANTY (SECTIONS 6A AND 6B), LIMITATION OF DAMAGES (SECTIONS 7A AND 7B), TERMINATION (SECTION 8), INDEMNITY (SECTION 10), SERVICE PROVIDED CONTENT (SECTION 11), AVAILABILITY (SECTION 12), ACCESS (SECTION 13), BINDING ARBITRATION AND CLASS ACTION WAIVER (SECTION 16), JURISDICTION AND APPLICABLE LAW (SECTION 17), AND MISCELLANEOUS (SECTION 18).

9. FOR RESIDENTS IN NORTH AMERICA -- U.S. GOVERNMENT RESTRICTED RIGHTS: The Program has been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is YU YANG LLC, 19732 Verona Ln

Yorba Linda, California 90405.

10. FOR RESIDENTS IN NORTH AMERICA -- INDEMNITY: You agree to indemnify, defend, and hold YU YANG, its partners, affiliates, licensors, contractors, officers, directors, employees, and agents harmless from all damages, losses and expenses arising directly or indirectly from your breach of this Agreement and/or your acts and omissions in using the Program pursuant to the terms of this Agreement. 

11. SERVICE PROVIDED CONTENT:  “Service Provided Content" consists of all virtual materials, information and content provided to you (e.g., unlockable content, accounts, stats, virtual assets, virtual currencies, codes, achievements, virtual rewards, credits, access, shows, tokens, coins, power-ups, and customizations) in connection with your use of the Program, including the Online Services, which you need to "earn", "grind", "buy" and/or "purchase" in order to obtain additional content.

While the Program may allow you to “earn,” “grind,” "buy," or "purchase" Service Provided Content within or in connection with gameplay, you do not in fact own or have any property interest in the Service Provided Content and the price of any Service Provided Content does not refer to any credit balance of real currency or its equivalent.  Unless otherwise specified in writing, any Service Provided Content that you receive is licensed to you as set forth herein, and you shall have no ownership right thereto in any Service Provided Content.

a.     You may not, sell, lend, rent, trade, or otherwise transfer any Service Provided Content, except for other Service Provided Content where applicable.  Any sale of Service Provided Content, including, but not limited to, virtual currency for “real” money or exchange of those items or virtual currency for value outside of the Program is prohibited.   

b.     Service Provided Content may be altered, removed, deleted, or discontinued by YU YANG (e.g., upon termination of this Agreement and/or cessation of online support for the Program as set out in Section 8) even if you have not “used” or “consumed” the Service Provided Content prior to alteration, removal, deletion, or discontinuation.  Without limiting the above, Service Provided Content may include virtual coins, points or other virtual currencies (“Virtual Currency”). 

c.        By purchasing or otherwise acquiring Virtual Currency, you obtain a limited license (which is revocable by YU YANG at any time unless otherwise required by applicable laws and, for residents outside North America only, in accordance with Section 8) to access and select from other Service Provided Content. Virtual Currency has no monetary value and does not constitute currency or property of any type. Virtual Currency may be redeemed for other Service Provided Content only, if at all. Subject to applicable local law, Virtual Currency is non-refundable and You are not entitled to a refund or any other compensation such as Service Provided Content for any unused Virtual Currency. Any unused Virtual Currency is non-exchangeable.  YU YANG may revise the pricing for the Service Provided Content and Virtual Currency offered through the Program at any time.  YU YANG may limit the total amount of Service Provided Content or Virtual Currency that may be purchased at any one time, and/or limit the total amount of Service Provided Content or Virtual Currency that may be held in your account in the aggregate.

d.        You are only allowed to purchase Service Provided Content or Virtual Currency from YU YANG or our authorized partners through the Program, and not in any other way.

e.        YU YANG reserves the right to refuse your request(s) to acquire Service Provided Content and/or Virtual Currency.  You agree that you will be solely responsible for paying any applicable taxes related to the acquisition of, use of or access to Service Provided Content and/or Virtual Currency.

f.        There may be Service Provided Content (should you choose to purchase it) which will require you to make a payment with real money, the amount of which will be set out in the Program. All Service Provided Content will be made available immediately when you purchase it with real money and you acknowledge that this is the case and that you will have no right to change your mind and cancel (sometimes known as a 'cooling off' right) once your purchase is complete.  Depending on your platform, any Service Provided Content purchased, will be purchased from your platform provider and such purchase will be subject to their respective Terms of Service and User Agreement. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

12. AVAILABILITY:

12(A) FOR RESIDENTS IN NORTH AMERICA:  YU YANG does not guarantee that any online services, play or features associated with the Program (collectively, “Online Services”) or Service Provided Content will be available at all times or at any given time or that YU YANG will continue to offer Online Services or Service Provided Content for any particular length of time. YU YANG may change and update Online Services or Service Provided Content without notice to you. YU YANG makes no warranty or representation regarding the availability of Online Services and reserves the right to modify or discontinue Online Services in its sole discretion without notice, including for example, ceasing an Online Service for economic reasons due to a limited number of users continuing to make use of the Online Service over time. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ONLINE SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT YU YANG’S SOLE DISCRETION WITHOUT NOTICE TO YOU, AND IN CONNECTION WITH ONLINE SERVICES’ TERMINATION, ANY AND ALL SERVICE PROVIDED CONTENT LICENSED TO YOU MAY BE TERMINATED. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF ONLINE SERVICES AND ANY LOSS OF SERVICE PROVIDED CONTENT OR OTHERWISE.

12(B) FOR RESIDENTS IN NORTH AMERICA: Subject to the next sentence, YU YANG does not guarantee that the Program, any Online Services or Service Provided Content will be available or error-free at all times or at any given time. YU YANG warrants that the Program, in addition to any Online Services and Service Provided Content which has been paid-for with real money, will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality  (in addition any related services provided through them will be provided with reasonable care and skill).  YU YANG reserves the right to modify or discontinue the Program, Online Services or Service Provided Content in its sole discretion upon reasonable notice to you, including for example, ceasing Online Services for economic reasons due to a limited number of users continuing to make use of them over time. YU YANG may change and update (or require You to update) the Program, Online Services or Service Provided Content without notice to you to implement minor technical adjustment and improvements (for example, to address a security threat) or to reflect changes in relevant laws and regulatory requirements provided always that any such changes do not result in material degradation in the functionality of the Program, Online Services or any Service Provided Content which has been paid-for with real money). YU YANG may also make other changes to the Program, Online Services or Service Provided Content by giving You a reasonable prior notice. If such changes are not acceptable to You, You may contact YU YANG to terminate Your license before the changes take effect and discuss refund options for any service or content paid for but not received.  YU YANG is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control. If such circumstances result in material degradation in the functionality of the Program or Service Provided Content then your obligation to make any payment to download, use or access them will be suspended for the duration of such period. The warranty for Online Services and/or Service Provided Content which are paid for with real money is provided in accordance with your statutory rights as a consumer which will always prevail. Please see Section 7 in respect of YU YANG's limitation on damages, but nothing in this paragraph shall affect your statutory rights.

13. ACCESS: YOU ARE SOLELY RESPONSIBLE FOR ANY THIRD PARTY COSTS YOU INCUR TO USE THE PROGRAM AND SERVICES.  You acknowledge and agree that you will provide at your own cost and expense the equipment, Internet, or other connection charges required to access and use the Program. YU YANG makes no warranty that the Program can be accessed or used on all systems, controllers, or devices, by means of any specific Internet or other connection provider, or in all territories. The Program may integrate, be integrated into, or be provided in connection with third-party services and content.  YU YANG does not control those third-party services and content.  You should read the terms of use agreements and privacy policies that apply to such third-party services and content.

14. USER GENERATED CONTENT: The Program may include means by which you and other users may share user generated content (“UGC”).  To the fullest extent permitted by applicable law, by submitting any UGC you automatically grant (or represent and warrant that the owner of such rights has expressly granted) YU YANG a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or technology now known or later developed throughout the universe, and agree that YU YANG shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation (but subject to applicable local legislation), notice or attribution.  You waive and agree not to assert against YU YANG or any of its partners, affiliates, subsidiaries or licensees, any moral or similar rights you may have in any of your UGC.  To the extent the Program permits other users to access and use your UGC, you also grant such users the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Program without further notice, attribution or compensation to you. You may only upload your own UGC to the Program; do not upload anyone else’s UGC.  YU YANG reserves the right (but has no obligation) to remove, block, edit, move, or disable UGC for any reason in YU YANG’s sole discretion.  YU YANG is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other userss.

For residents of all countries outside North America: Users of the Program create, upload, download and use UGC at their own risk. If you upload or make available to other users your UGC via our Program, we do not control, monitor, endorse or own your UGC, and you are commissioning us to host and make available such UGC subject to the above license.

Complaints about the content of any UGC must be sent to yuyang@yuyang.vip and must contain details of the specific UGC giving rise to the complaint.

15. FOR RESIDENTS IN NORTH AMERICA -- COPYRIGHT NOTICE:

If you believe that any content appearing in the Program and/or UGC has been copied in a way that constitutes copyright infringement, please forward the following information to the copyright agent named below.  Your copyright infringement notification must comply with the Digital Millennium Copyright Act ("DMCA"). You are encouraged to review 17 U.S.C. § 512(c)(3) or consult with an attorney prior to sending a notice hereunder.  To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below: (a) your name, address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) the exact URL or a description of where the alleged infringing material is located; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent

YU YANG LLC

19732 Verona Ln

Yorba Linda, California 90405

Attn: YU YANG Business and Legal Affairs

E-Mail: yuyang@yuyang.vip

Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

16. FOR RESIDENTS IN NORTH AMERICA -- BINDING ARBITRATION AND CLASS ACTION WAIVER:

READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or acquired and use the Program in the United States. These provisions may also apply to you if you are domiciled in and/or acquired and use the Program from outside the United States. See JURISDICTION AND APPLICABLE LAW below for details.

Initial Dispute Resolution:  YU YANG's Customer Support department is available at https://www.moeke.xyz/home to address any concerns you may have regarding the Program. Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Binding Arbitration:  If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the Program shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, YU YANG will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.  They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Location:  If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Los Angeles County, California, and you and YU YANG agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver:  The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND YU YANG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Program under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

30 Day Right to Opt Out:  You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the "Binding Arbitration," "Location," and "Class Action Waiver" paragraphs above by sending written notice of your decision to opt-out to the following address: YU YANG LLC, 19732 Verona Ln Yorba Linda, CA, Attn: Legal. The notice must be sent within 30 days of purchasing the Program (or if no purchase was made, then within 30 days of the date on which you first access or use the Program and agree to these terms); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, YU YANG also will not be bound by them.

Changes to this Section:  YU YANG will provide 60-days’ notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.

17. JURISDICTION AND APPLICABLE LAW

The Program is made available subject to the terms of this Agreement.  If you acquired and use the Program from:

A. FOR RESIDENTS IN THE UNITED STATES, MEXICO, OR CANADA, then you are contracting with YU YANG LLC, 19732 Verona Ln Yorba Linda, CA and any claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) will be subject to the laws of the State of Delaware, without reference to conflict of laws principles. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the state where you were a citizen at the time you obtained or bought the Program that was subject to this Agreement. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California to resolve any claims that are subject to exceptions to the arbitration agreement described in BINDING ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not to be arbitrable.

B. FOR RESIDENTS IN THE EUROPEAN UNION, then you are contracting with YU YANG LLC, all claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the European Union country (e.g., the United Kingdom, the French Republic, or the Federal Republic of Germany) in which you acquired and use the Program. In addition, with respect to jurisdiction, you may choose either the courts of the country (e.g., the United Kingdom, the French Republic, or the Federal Republic of Germany) in which you acquired and use the Program, or in the alternative the courts of England and Wales or other court as applicable under the Brussels Regulation EC 44/20011.

C. FOR RESIDENTS IN AUSTRALIA OR JAPAN, then you are contracting with YU YANG LLC, all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country in which you acquired and use the Program (being either Australia or Japan). To the extent permitted by applicable law, you agree to the jurisdiction of the courts of New South Wales, Australia.

D. FOR RESIDENTS IN THE REST OF THE WORLD, If you acquired and use this Program from countries other than those listed in sections A, B and C above, then you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and you expressly indemnify and hold harmless YU YANG from any and all claims, loss, injury, damage, or costs arising from your use of the Program to the extent permitted by applicable law. No warranty or representation is made by YU YANG that the Program or any use of the Program outside of the countries listed in sections A, B and C above complies with any applicable local law. Further your use of the Program and all claims arising out of or related to the Program or this Agreement will, to the extent permitted under applicable law, be subject to the laws of England and Wales, without reference to conflict of laws principles and you consent to the jurisdiction of the courts of England and Wales.

To the fullest extent permitted by applicable law, if any user outside of the United States is entitled to commence and/or participate in legal proceedings within the United States, then that user agrees to be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions above.

18. MISCELLANEOUS: This Agreement is the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable, the applicable provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected, except as otherwise expressly provided herein.

19. SUPPLEMENTAL TERMS - GERMANY:

The following Sections below supersede and replace the corresponding Sections above for residents in Germany:

Modification of Terms: From time to time, YU YANG may need to amend this Agreement, for example to reflect or include new products or services, to enhance security for users or because of changes in the law. If YU YANG makes such a change to this Agreement we will inform you of the particular changes in advance no later than thirty (30) calendar days before such changes come into force and you shall be deemed to have accepted these changes (i) unless you have notified us of your objection to such changes within thirty (30) calendar days from the moment of receipt of notification from us, or (ii) if you use the Program after the changes have entered into force. In the notification, we will inform you of your right to object, of the applicable notice period and the legal consequences of a failure to object.

The latest version of this Agreement will always be available on our website, so we recommend that you check for updates to this Agreement each time you use the Program. Changes to the Agreement shall not affect your accrued rights, shall not substantially disrupt the contractual balance between you and us under this Agreement and shall not have retroactive effect.

Service Provided Content: In addition to the above, the following Right of Withdrawal shall apply to German residents.

If you are a consumer (i.e. a natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession), then you shall have a right of withdrawal as set out hereafter.

Information concerning the exercise of the right of withdrawal

Right of Withdrawal

You have the right to withdraw from any Purchase Contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 calendar days from the day of the conclusion of the Purchase Contract. To exercise the right of withdrawal, you must inform us (YU YANG LLC contact details available at https://www.moeke.xyz/home of your decision to withdraw from a Purchase Contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form attached hereafter, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from the Purchase Contract, we shall reimburse to you all payments received from you under this Purchase Contract, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this Purchase Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services under a Purchase Contract during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from that Purchase Contract, in comparison with the full coverage of these services under the Purchase Contract.

End of the information concerning the exercise of the right of withdrawal

You lose your right of withdrawal, insofar as the Purchase Contract is a service contract, after the service has been fully performed and if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the service has been fully performed by us.

You lose your right of withdrawal insofar as the Purchase Contract comprises the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.

Based on the aforesaid you understand that by purchasing Service Provided Content, you consent that we make available these Service Provided Content to you directly after we have accepted your order. You will lose your right of withdrawal once the Service Provided Content have been made fully available to you by us. However, your right of withdrawal is not lost if you purchase Virtual Goods that are granted to you for a certain period of time (e.g. time-limited premium memberships).

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Model withdrawal Form

Please complete and return this withdrawal form if you wish to withdraw from a contract with us.

-    To: [YU YANG LLC 19732 Verona Ln Yorba Linda, CA

-    I/We hereby give notice that I/We withdraw from my/our contract for the purchase of the following goods/ the provision of the following services:*

-    Ordered/ received on*:

-    Name of consumer(s):       

-    Address of consumer(s):

-    Signature of consumer(s): (only required if this form is notified on paper)

-    Date:

(*) Delete where appropriate.