Terms of Service

These Terms of Service (the "Terms" or this "Agreement") form a legally binding contract between our company together with its Affiliates (collectively, "Dreamgame," "we," "us" or "our") and you ("you" or "your") governing your access to and use of Dreamgame's mobile and web applications, games, websites, and any other services owned, operated or published by Dreamgame (collectively, the "Services"). "Affiliates" means subsidiaries, parent companies, joint ventures and other organizations or entities under common ownership with our company.

Electronic Agreement and Communications

YOU AGREE THAT THESE TERMS MAY BE ENTERED INTO ELECTRONICALLY AND THAT YOUR INSTALLATION, USE OR OTHER ACCESS TO THE SERVICES CONSTITUTES YOUR ELECTRONIC SIGNATURE AND ACCEPTANCE OF THESE TERMS. YOU CONSENT TO RECEIVE NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS FROM DREAMGAME ELECTRONICALLY THROUGH THE SERVICES, BY EMAIL OR THROUGH THE CONTACT INFORMATION YOU PROVIDED WHEN YOU REGISTERED. ELECTRONIC RECORDS AND COMMUNICATIONS WILL SATISFY ANY LEGAL REQUIREMENT THAT SUCH RECORDS OR COMMUNICATIONS BE IN WRITING, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

The Dreamgame privacy policy (the "Privacy Policy") applies alongside this Agreement to your access to and use of the Services, and you should review it before using the Services. BY INSTALLING, USING OR OTHERWISE ACCESSING ANY SERVICE, YOU ALSO CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE PRIVACY POLICY. Your access to and use of the Services is strictly conditioned on these Terms, as updated from time to time.

1.Changes to the Terms and the Services

Dreamgame may, at its sole discretion and at any time, amend or modify these Terms, the Privacy Policy and other applicable Dreamgame policies by publishing the revised terms, policies or rules through the Services. Where changes are material, Dreamgame shall use reasonable commercial efforts to notify you via the Services or the contact information you provided. Continuing to use the Services after such publication constitutes your acceptance of the revised terms, policies or rules.

Should you at any point disagree with any portion of the then-current Terms, Privacy Policy, or any other Dreamgame policy or code of conduct applicable to your use of the Services, your sole remedy is to stop using the Services. You further agree that Dreamgame may modify any part of the Services, including their content, or discontinue the Services or any portion of them, at any time, for any reason, without notice to you and without liability. Dreamgame's modification or discontinuation of any part of the Services shall not affect any rights or obligations of the parties that have already accrued prior to such modification or discontinuation, unless otherwise required by applicable law.

2.Right to Use the Services

Conditioned upon your ongoing compliance with these Terms, the Privacy Policy and any other Dreamgame policies or codes of conduct, Dreamgame grants you a limited, non-exclusive, personal, worldwide, non-transferable, non-sublicensable and revocable license to access and use the Services through a web browser or mobile device, solely for your own non-commercial entertainment purposes. Access to the Services and our products requires a connection to the internet and to our servers.

You expressly agree that you will not use the Services for any purpose other than as permitted by these Terms. You further agree not to copy, modify, create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services, and not to permit or assist any other person in doing so.

Dreamgame expressly reserves the right to deny any person access to the Services at any time, for any reason, with or without notice. You agree that Dreamgame may cease providing the Services or alter their content at any time, for any reason, with or without notice, and without liability.

YOU MUST BE THIRTEEN (13) YEARS OF AGE OR OLDER TO USE THE SERVICES. If you access the Services from a jurisdiction that requires a higher minimum age for lawful participation, you represent and undertake that you have reached that age. Dreamgame reserves the right to request proof of age at any time in order to confirm that persons below the legal age are not using or accessing the Services. Where you access the Services via a Social Networking Site ("SNS"), such as Facebook or Google+, you acknowledge that you have complied, and will continue to comply, with that SNS's terms of service or use as well as with these Terms throughout your use of the Services.

For users of certain games that may be subject to particular legal or regulatory requirements, you expressly consent to our verification of your personal details (including but not limited to your name, residential address, date of birth, identification number, nationality and passport number) and to our use of location-based tracking to determine your geographic location, in each case for the purpose of confirming the lawfulness of your access to and use of the Services. We may request notarized copies of documents — that is, documents stamped and attested by a Notary Public. Where our request for information and/or documents is not satisfactorily completed by you, we shall be entitled to terminate your account and your use of the Services and to withhold any funds held therein, without liability.

You represent that you are of legal age in the jurisdiction in which you reside or from which you access or use the Services, that you are of sound mind, and that you are capable of assuming responsibility for your own actions. You represent that all details you provide to Dreamgame at any time are true, current, correct, complete and not misleading. You agree to use the Dreamgame site and the Services in good faith, for entertainment purposes, in full compliance with these Terms as amended from time to time, and to observe all rules and instructions applicable to the games and other entertainment comprising the Services.

You must not use the Services if you are barred from doing so under any applicable law or regulation, including those of the United States of America, the European Union, Hong Kong, Singapore, and the jurisdiction in which you reside or from which you access or use the Services. You agree that your access to and use of the Services complies with all applicable laws, regulations and ordinances, including software and data export laws. If the Services, or any part of them, are determined to be unlawful under the laws of the jurisdiction in which you reside or from which you access or use them, no license to use the Services is granted to you and you must refrain from using them.

3.Your Dreamgame Account

Registration and creation of an account are required in order to use the Services. You agree to supply accurate and complete registration information and are responsible for keeping your password confidential.

Your account is personal to you. You may not transfer it or otherwise make it available to others, nor may you use another person's account at any time. If you distribute your account or account information, Dreamgame reserves the right to terminate your account immediately and without refund.

You must not create an account using a false identity or false information, or on behalf of anyone other than yourself.

You are responsible for maintaining the confidentiality of your account information, including usernames, passwords and billing details. To the fullest extent permitted by law, Dreamgame is not liable for any loss you may suffer as a result of another person using your account, whether or not you authorized that activity, except where such loss is directly caused by Dreamgame's gross negligence or willful misconduct.

You are liable for any loss or damage suffered by Dreamgame or by any third party as a result of another person using your account. In the event of theft, unauthorized use, or any other breach of security affecting your account, you must notify Dreamgame in writing immediately.

You are responsible for all activity occurring under or in connection with the account created for your use of the Services.

4.Intellectual Property and Ownership

All materials forming part of the Services — including, without limitation, games, applications, code, themes, maps, characters, stories, concepts, animation, artwork, effects, methods of operation, transcripts, designs, text, graphics, pictures, video, information, software, music, brands, sounds and other files, together with their selection and arrangement — are protected by law against unauthorized use. The entire contents of the Services are protected by copyright under the laws of Hong Kong and/or comparable laws of other jurisdictions.

You agree that no material forming part of the Services may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold, in any form or by any means, in whole or in part, or otherwise exploited without Dreamgame's express prior written permission; this restriction does not apply to your own User Content (defined below). All other uses of copyrighted material, including derivative uses, require Dreamgame's express prior written permission. Any reproduction or redistribution of materials contrary to these Terms is expressly prohibited and may give rise to severe civil and criminal penalties.

Dreamgame and/or its licensors remain the owners of all right, title and interest — including copyright and other intellectual property rights — in and to all materials posted on the Services by Dreamgame. You acknowledge that you acquire no ownership rights by using the Services or by accessing any materials posted on the Services by Dreamgame, or any derivative works thereof.

All right, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Dreamgame game client, and the Dreamgame game clients and server software) are owned by Dreamgame. Dreamgame reserves all rights, including without limitation all intellectual property and other proprietary rights, in connection with its games and the Services.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL REMAIN OWNED BY, AND INURE TO THE BENEFIT OF, DREAMGAME OR ITS ASSIGNEES.

5.User Content

Any communications, comments, chats, sounds and images, and all material, data, text, graphics and photographs, together with their selection and arrangement, that are uploaded to the Services ("User Content") are subject, in whole or in part, to unlimited commercial, non-commercial, worldwide and/or promotional use by Dreamgame.

You hereby grant Dreamgame and its affiliates a perpetual, irrevocable, worldwide, fully paid-up and royalty-free, non-exclusive, unrestricted, unconditional and unlimited license — including the right to sublicense, transfer and assign to third parties — to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner; to create derivative works from; and to manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide electronic access to, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and otherwise use and practice, by any means now known or later developed, in any media and at any time, your User Content together with all modifications and derivative works thereof, in connection with our provision of the Services, including their advertising, marketing and promotion. No credit, approval or compensation is owed to you for any such use or disclosure of User Content you submit.

Any text, graphics, photographs and other User Content you upload are your sole responsibility. Users alone — and not Dreamgame — are responsible for the User Content they upload, post, share or otherwise make available. Dreamgame may or may not regulate User Content and does not guarantee the accuracy, quality or integrity of any User Content appearing on the Services. In using the Services, you acknowledge and accept that you may encounter material you find offensive or objectionable. You agree that Dreamgame will not under any circumstances be liable for any User Content, including errors within it or any loss or damage arising from its use. Dreamgame reserves the right to remove and permanently delete any User Content from the Services, with or without notice, for any reason.

You agree that you are willingly publishing your User Content on the Services using technology and tools supplied by Dreamgame. You understand and agree that you may not distribute, sell, transfer or license your User Content and/or application in any manner, in any country, or on any social network or other medium, without Dreamgame's express written permission. You grant Dreamgame the right to act as agent for User Content on your behalf, in its capacity as operator of the Services.

By transmitting or submitting any User Content in the course of using the Services, you affirm, represent and warrant that such transmission or submission: (a) is accurate and is neither confidential nor misleading; (b) does not violate any law, contractual restriction or third-party right, and that you hold permission from any third party whose personal information or intellectual property appears in the User Content; (c) is free of viruses, adware, spyware, worms and other malicious code; and (d) you acknowledge and agree that any personal information contained within such content will at all times be processed by Dreamgame in accordance with our Privacy Policy.

Dreamgame reserves the right, in its sole discretion, to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Content (including your User Content) at any time, without notice, with or without reason. Should Dreamgame elect to monitor the Services, it nevertheless assumes no responsibility for User Content and no obligation to modify or remove inappropriate User Content. Should Dreamgame elect, within its rights under this Agreement, to edit or delete particular User Content, it nevertheless assumes no responsibility or obligation to remove or modify any other inappropriate User Content. Dreamgame has the right, but not the obligation, in its sole discretion, to edit, refuse to post, or remove any User Content.

6.Interactions Between Users

You are solely responsible for your interactions with other users of the Services and with any other parties you encounter through the Services and/or Dreamgame's games. Dreamgame reserves the right, but assumes no obligation, to become involved in disputes between users. You will cooperate fully with Dreamgame in investigating any suspected unlawful, fraudulent or improper activity, including by granting Dreamgame access to any password-protected portions of your account.

If a dispute arises between you and one or more other users, you release us (together with our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

7.Virtual Currency and Virtual Goods

The Services may offer the opportunity to earn and to purchase virtual in-game currency, including virtual coins, points and credits (collectively, "Virtual Currency"), the acquisition of which may require payment in lawful currency or "real money." The Services may also feature virtual in-game digital items (collectively, "Virtual Goods") purchasable from Dreamgame with "real money" or with Virtual Currency.

You acknowledge and agree that Virtual Currency and Virtual Goods exist for use within the Services only and can never be redeemed for "real money," lawful currency, goods, or any other item of monetary value, whether from Dreamgame or any other party. You further acknowledge and agree that: (a) you hold no right, title or property interest in any Virtual Goods or Virtual Currency associated with your account or otherwise stored on the Services; and (b) Virtual Goods and Virtual Currency are licensed to you for your personal use through the Services, subject to applicable laws and rules, these Terms, and the limitations and terms set out in each game.

Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable or transferable, except as required by applicable law or explicitly determined by Dreamgame at its sole discretion. Where a refund is required by applicable law, the terms and conditions of the applicable third-party payment processor shall apply, and any related fees shall be borne by you. You may not purchase, sell or exchange Virtual Currency or Virtual Goods outside the Services. Such transfers are strictly prohibited, and we shall bear no liability for any claims or damages suffered by users in respect of Virtual Currency or Virtual Goods purchased or obtained from any third party. Engaging in such conduct breaches these Terms and may result in termination of your account and/or legal action against you.

Dreamgame retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion, including without limitation in the event of your breach of these Terms or any applicable law. The prices and availability of Virtual Goods and services are subject to change without notice, and Dreamgame shall not be liable for any loss or damage arising from such changes.

YOU ACKNOWLEDGE AND AGREE THAT THE PURCHASE OF LICENSES TO USE VIRTUAL CURRENCY AND VIRTUAL GOODS CONSTITUTES A COMPLETED TRANSACTION UPON DREAMGAME'S RECEIPT OF PAYMENT, AND THAT SUCH PURCHASES SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE — INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT, TERMINATION OF THESE TERMS, AND/OR DISCONTINUATION OF THE SERVICES — EXCEPT AS REQUIRED BY LAW. WHERE A REFUND IS REQUIRED BY APPLICABLE LAW, THE TERMS AND CONDITIONS OF THE THIRD-PARTY PAYMENT PROCESSOR WILL APPLY AND ANY RELATED FEES SHALL BE BORNE BY YOU. YOU WILL NOT RECEIVE LAWFUL CURRENCY OR ANY OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY OR VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER THAT CLOSURE IS VOLUNTARY OR INVOLUNTARY.

8.Updates to the Services

You understand that each Service is continually evolving. Dreamgame may require you to accept updates to the Services and to Dreamgame games installed on your device or computer. You acknowledge and agree that Dreamgame may update the Services and its games with or without notifying you. From time to time you may also need to update third-party software in order to receive the Services and play Dreamgame's games.

9.Rules of Conduct and Usage

YOU MUST BE THIRTEEN (13) YEARS OF AGE OR OLDER TO USE THE SERVICES.

The Services may provide communication channels such as forums, communities or chat areas ("Communication Channels") enabling you to communicate with other users. Dreamgame has no obligation to monitor the Communication Channels, but may do so, and reserves the right to review materials posted there and to remove any materials at any time, with or without notice, for any reason, at its sole discretion. Dreamgame may likewise terminate or suspend your access to any Communication Channel at any time, without notice and for any reason. You acknowledge that chats, postings and materials posted by users on the Communication Channels are neither endorsed nor controlled by Dreamgame and shall not be regarded as reviewed or approved by Dreamgame. Dreamgame will not under any circumstances be liable for any activity occurring within the Communication Channels.

You agree that all of your communications within the Communication Channels are public, and that you therefore have no expectation of privacy in your use of them. Dreamgame is not responsible for information you choose to share there, nor for the actions of other users.

You agree that your use of the Services will at all times be lawful and that you will comply fully with the usage rules in all respects. By way of illustration and not limitation, you agree not to use the Services in order to:

• post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable;
• defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse any person, or to act in a hateful, racially or ethnically offensive manner, or in a manner that a reasonable person would find otherwise offensive or objectionable;
• upload or transmit (or attempt to upload or transmit) files containing viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs capable of damaging the operation of the Services or other users' computers;
• infringe the contractual, personal, intellectual property or other rights of any party, including by using, uploading, transmitting, distributing or otherwise making available information obtained through the Services in a manner that infringes any copyright, trademark, patent, trade secret or other right of any party (including rights of privacy and publicity);
• attempt to obtain passwords or other private information from other members;
• misuse support channels or complaint functions to submit false reports to Dreamgame;
• develop, distribute, or publicly inform other members about "auto" programs, "macro" programs, or other "cheat utility" software or applications in violation of applicable license agreements;
• exploit, distribute, or publicly inform other members of any game error, miscue or bug conferring an unintended advantage;
• violate any applicable law or regulation, or promote or encourage any illegal activity, including hacking, cracking, distribution of counterfeit software, or cheats or hacks for the Services.

The following objectionable content and behavior are prohibited in connection with your use of our Services:

• any content that sexualizes minors, including content promoting pedophilia or depicting inappropriate interaction targeted at a minor (for example, groping or caressing);
• any content containing or promoting sexual material or profanity, including pornography, or any content or services intended to be sexually gratifying;
• any hate speech promoting violence or inciting hatred against individuals or groups on the basis of race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic associated with systemic discrimination or marginalization;
• any content related to terrorism, such as content promoting terrorist acts, inciting violence, or celebrating terrorist attacks;
• any content lacking reasonable sensitivity toward, or capitalizing on, a natural disaster, atrocity, conflict, death or other tragic event, unless it carries educational, documentary, scientific or artistic (EDSA) value or is intended to alert users to, or raise awareness of, the sensitive event;
• any content containing or facilitating threats, harassment or bullying.

Users may report objectionable user-generated content ("UGC") to us at https://dreamgame.hk/. We reserve the right to take action against such UGC where appropriate, as determined in our sole discretion, and we may remove or block abusive users who violate the app's terms of use and/or user policy.

WITHOUT LIMITING ANY OTHER REMEDY AVAILABLE TO IT, DREAMGAME RESERVES THE RIGHT TO IMMEDIATELY LIMIT, SUSPEND, TERMINATE, MODIFY, BLOCK OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PART OF THEM — WITH OR WITHOUT NOTICE TO YOU — IF YOU ARE, OR DREAMGAME SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS, OR IN THE EVENT OF ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES. IN THE EVENT OF TERMINATION FOR YOUR BREACH, YOU SHALL NOT BE ENTITLED TO ANY REFUND OF AMOUNTS PAID, AND DREAMGAME SHALL HAVE NO LIABILITY FOR ANY LOSS OF BENEFITS, PRIVILEGES, EARNED ITEMS OR PURCHASED ITEMS ASSOCIATED WITH YOUR ACCOUNT. AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION YOU MAY LOSE YOUR USERNAME AND PERSONA WITHIN THE SERVICES, TOGETHER WITH ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND DREAMGAME IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSS OR OUTCOME. DREAMGAME SHALL BE ENTITLED TO INFORM RELEVANT AUTHORITIES, OTHER ONLINE SERVICE PROVIDERS, BANKS, FINANCIAL INSTITUTIONS AND OTHER INTERESTED THIRD PARTIES OF YOUR IDENTITY AND OF ANY SUSPECTED UNLAWFUL, FRAUDULENT OR IMPROPER ACTIVITY.

WITHOUT LIMITING OUR OTHER AVAILABLE REMEDIES, DREAMGAME RESERVES THE RIGHT TO IMMEDIATELY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL MEASURES TO PREVENT USERS FROM ACCESSING THE SERVICES, WHERE DREAMGAME BELIEVES THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITY, INFRINGING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, DREAMGAME MAY ALSO SUSPEND, BLOCK OR TERMINATE THE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

DREAMGAME RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS REMAINED INACTIVE FOR 180 DAYS.

Termination of the Agreement

You may terminate this Agreement at any time by ceasing to use the Services and, where applicable, closing your account through the procedures made available by Dreamgame. Dreamgame may terminate this Agreement or suspend or terminate your account or access to the Services upon notice where reasonably practicable, or immediately without notice where permitted under these Terms or applicable law, including for your breach of these Terms, unlawful or improper use, or prolonged inactivity. Upon termination, your license to access and use the Services will immediately end, and any rights or obligations that by their nature should survive termination, including payment obligations, intellectual property provisions, disclaimers, limitations of liability, indemnification and dispute resolution provisions, will survive.

PRIOR TO SUCH TERMINATION, DREAMGAME MAY, AT ITS SOLE DISCRETION, SEND A NOTIFICATION TO THE REGISTERED CONTACT INFORMATION OF THE ACCOUNT TO REMIND THE USER OF THE UPCOMING TERMINATION. UPON TERMINATION, ANY PAID VIRTUAL ITEMS, VIRTUAL CURRENCY, OR OTHER DIGITAL CONTENT ASSOCIATED WITH THE ACCOUNT WILL NOT BE REFUNDED, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

10.Privacy and Protection of Personal Information

You acknowledge and agree that the Privacy Policy is incorporated into and forms part of these Terms.

Information collected from you is also subject to the policy of the relevant SNS. By using the Services, you may be granting your social network permission to share your email address and other personally identifiable information with Dreamgame. You also grant Dreamgame access to your friend lists on the SNS in order to establish social connections within the Services. Please refer to our Privacy Policy for further information on the collection and use of your information.

11.Disclaimer of Warranty

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT DREAMGAME PROVIDES THE SERVICES ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DREAMGAME AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED (BY LAW, STATUTE OR OTHERWISE), IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND WARRANTIES AS TO ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS AND TIMELINESS OF THE SERVICES, OR AS TO INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SERVICES RESTS WITH YOU.

Dreamgame makes no warranty or representation regarding the accuracy of any information, the reliability of any materials, the full functionality of the Services, or the results or completeness of the content of the Services or of any sites linked to them. Dreamgame does not warrant that the Services will meet your requirements, that they will be uninterrupted, timely, secure or error-free, that defects will be corrected, that the servers making the Services available are free of viruses or bugs, or that systems or networks will be backed up. Dreamgame assumes no liability or responsibility for: (i) any error, mistake or inaccuracy of content; (ii) personal injury or property damage of any nature arising from your access to and use of the Services; (iii) any illegitimate or unauthorized access to or use of our secure servers and/or any personal or financial information stored on them; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, Trojan horses or the like transmitted to or through the Services by any third party; and/or (vi) any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Services.

Dreamgame shall not be liable for any act or omission of your internet service provider or of any other third party with whom you have contracted for access to the servers hosting the Dreamgame sites.

12.Limitation of Liability

You acknowledge and agree that you are free to choose whether to use the Services and that you do so entirely at your own option, discretion and risk.

DREAMGAME DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT ALL TIMES OR IN ALL LOCATIONS, OR THAT DREAMGAME WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES IN ANY PARTICULAR GEOGRAPHIC AREA.

SUBJECT ONLY TO THE EXCEPTIONS IDENTIFIED HEREIN, UNDER NO CIRCUMSTANCES WILL YOUR LIABILITY OR THE AGGREGATE LIABILITY OF DREAMGAME AND ITS AFFILIATES EXCEED THE ACTUAL AMOUNT YOU HAVE PAID TO DREAMGAME FOR USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER DREAMGAME NOR ANY THIRD-PARTY SERVICE PROVIDER OR THIRD-PARTY LICENSOR SHALL BE LIABLE TO YOU OR ANY THIRD PARTY, IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OR ANY THIRD PARTY'S USE OF THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION ANY ACT OR FAILURE TO ACT REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES, OR USE OF ANY LINK CONTAINED ON THE SITE OR OTHERWISE PROVIDED THROUGH THE SERVICES. THE DISCLAIMERS OF LIABILITY SET OUT HERE APPLY TO ANY AND ALL DAMAGE OR INJURY CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION.

IN NO EVENT SHALL DREAMGAME OR ANY THIRD-PARTY SERVICE PROVIDER OR THIRD-PARTY LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY, BEYOND THE AMOUNT YOU HAVE PAID TO DREAMGAME, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR OTHER PECUNIARY OR CONSEQUENTIAL LOSS (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This limitation of liability does not apply to claims relating to the intentional or willful misuse or abuse of Dreamgame's intellectual property, services or products, nor to the award of attorneys' fees and costs as permitted under Section 19(f).

DREAMGAME SHALL NOT BE LIABLE — AND YOU AGREE NOT TO SEEK TO HOLD DREAMGAME LIABLE — FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES. THE RISK ARISING FROM THE SERVICES AND FROM THIRD-PARTY WEBSITES, AND OF INJURY, DAMAGE OR LOSS OF ANY KIND ARISING FROM THEM, RESTS ENTIRELY WITH YOU.

13.Indemnification by You

You agree to defend, fully indemnify and hold harmless Dreamgame, its third-party service providers and licensors, and their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any and all claims, liabilities, losses, injuries, damages, costs, expenses and other charges of any kind, however caused, including attorneys' fees and costs, incurred by any Indemnified Party and arising out of or resulting from your access to or use of the Services. This includes, without limitation: your breach or alleged breach of any term, condition, obligation, representation or warranty contained in these Terms; any violation by you of any law or of the rights of any third party; any User Content posted, transmitted or provided by you or on your behalf; any use of the Services by you, or by any other person accessing the Services using your user identification (whether or not authorized by you); your violation of any third party's intellectual property or other legal rights; and any illegal or improper use of your user account.

14.Limitations Period for Claims

NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ACCOUNT(S), YOUR USE OF THE SERVICES, THESE TERMS, THE PRIVACY POLICY AND/OR ANY RELATED MATTER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES (AND RECOVERY SHALL BE LIMITED TO THAT ONE-YEAR PERIOD). OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15.Severability

You and Dreamgame agree that if any portion of these Terms or of the Dreamgame Privacy Policy is found, in whole or in part, to be illegal or unenforceable by any court or tribunal of competent jurisdiction, that provision shall be ineffective in that jurisdiction solely to the extent of the determination of invalidity or unenforceability, without affecting its validity or enforceability in any other manner or jurisdiction and without affecting the remaining provisions, which shall continue in full force and effect.

16.No Waiver

Dreamgame's failure to require or enforce strict performance by you of any provision of these Terms or of the Dreamgame Privacy Policy, or to exercise any right under them, shall not be construed as a waiver or relinquishment of Dreamgame's right to assert or rely upon that provision or right in that or any other instance.

Any express waiver by Dreamgame of a provision, condition or requirement of these Terms or of the Privacy Policy shall not constitute a waiver of your future obligation to comply with that provision, condition or requirement.

Except as expressly and specifically set out in these Terms, no representation, statement, consent, waiver, or other act or omission by Dreamgame shall be deemed a modification of these Terms or be legally binding, unless documented in physical writing and signed by hand by you and by a duly appointed representative of Dreamgame.

17.Notices

We may notify you through postings on https://dreamgame.hk/, by email, through the contact information you provided when you registered, or by any other means of communication available to contact you. Except as specified in Section 20, all notices given by you or required from you under these Terms or the Privacy Policy shall be submitted through https://dreamgame.hk/. Except as specified in Section 20, any notice you provide otherwise than in accordance with this Section 17 shall have no legal effect. You are responsible for maintaining valid and up-to-date contact information, including your email address, and for checking the Services for notices.

18.Governing Law

If you reside in the United States, or if you assert a Dispute (as defined in Section 19) arising under or related to United States federal, state or local law, then the relationship between the parties and any Dispute shall be governed by and interpreted in accordance with the laws of California, without regard to conflict-of-laws principles and regardless of your location.

In all other cases, the relationship between the parties and any Dispute shall be governed by and interpreted in accordance with the laws of Singapore, without regard to conflict-of-laws principles and regardless of your location.

19.Dispute Resolution — If You Live in the United States

If you live in the United States, you and Dreamgame agree that all Disputes between you and Dreamgame will be settled by binding arbitration, except as otherwise provided herein.

This agreement to arbitrate does not apply: (1) if you reside in a jurisdiction that prohibits it; (2) if you opt out as described in subsection (e) below; or (3) to the categories of Dispute described in subsection (e) below.

(a) Purpose and Disputes Covered

This Provision is intended to facilitate the prompt and efficient resolution of Disputes (including, except as provided below, any dispute as to whether a Dispute is covered by this arbitration agreement) arising between Dreamgame and you, or anyone acting on your behalf, asserting your rights, or seeking damages or losses incurred by you.

Arbitration is a form of private dispute resolution in which the parties waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their dispute to a neutral third person (the arbitrator) for a binding decision. Absent an arbitration agreement, you might otherwise have a right or opportunity to bring claims in court before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including class or representative actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms you waive your right to litigate claims in court and to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and judicial review of an arbitration award is limited. The arbitrator must follow this agreement and may award the same damages and relief as a court (including attorneys' fees).

When you first consent to these Terms, you have the right to opt out of this Provision as described in subsection (e), which means you would retain the right to litigate Disputes in court before a judge or jury. However, if you have previously consented to arbitrate (that is, if you already agreed to a prior version of these Terms without opting out), you may only opt out of the revised arbitration procedure set out here, and the last version of the Terms you agreed to will govern our relationship going forward.

For the purposes of these Terms, and of this Provision specifically, "Dispute" means any dispute, claim or controversy between you and Dreamgame arising out of these Terms or the Privacy Policy, arising out of your use of the Services, or concerning any aspect of your relationship with Dreamgame, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement or negligence) or any other legal or equitable theory. It includes the validity, enforceability and scope of these Terms, including Section 20 specifically (with the exception of the enforceability of the Class Action Waiver below). "Dispute" also includes any Dispute brought by any individual purporting to act on your behalf, or by any individual or actor purporting to seek damages, recovery or relief for injury associated with or suffered by you. "Dispute" is to be given the broadest possible meaning that will be enforced.

(b) Agreement to Arbitrate / Waiver of Right to Jury Trial

YOU AND DREAMGAME EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES AS DEFINED ABOVE — WHETHER PRESENTLY EXISTING OR BASED ON ACTS OR OMISSIONS IN THE PAST OR FUTURE — WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION, AND THAT YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, REPRESENTATIVE PROCEEDING, OR MASS OR COLLECTIVE ACTION (IN WHICH DAMAGES, LOSSES OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSIDERED IN A SINGLE ACTION). YOU AND DREAMGAME AGREE THAT ANY DISPUTE OVER WHETHER A DISPUTE IS SUBJECT TO THIS PROVISION WILL ITSELF BE RESOLVED BY BINDING ARBITRATION. YOU AND DREAMGAME AGREE THAT ANY PERSON PURPORTING TO ACT ON YOUR BEHALF, ASSERT YOUR RIGHTS, OR SEEK DAMAGES OR OTHER REMEDIES ON YOUR BEHALF WILL SUBMIT TO BINDING ARBITRATION AS SET OUT IN THIS PROVISION.

You understand and agree that, by entering into this agreement, you and Dreamgame each waive the right to a jury trial or a trial before a judge in a public court. Absent this Provision, you and Dreamgame might otherwise have had a right or opportunity to bring Disputes in court before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights you would have in court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

(c) Class Action Waiver

YOU AND DREAMGAME AGREE THAT EACH MAY BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT ON A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION (IN WHICH DAMAGES, LOSSES OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSIDERED IN A SINGLE ACTION), OR REPRESENTATIVE BASIS (THE "CLASS ACTION WAIVER"). YOU AND DREAMGAME EACH AGREE THAT YOU ARE WAIVING THE RIGHT TO PURSUE, OR TO HAVE A DISPUTE RESOLVED AS, A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS OR REPRESENTATIVE PROCEEDING.

Except as otherwise provided in this Provision, the arbitrator shall have no authority to consider or resolve any claim or to grant any relief on any basis other than an individual basis. The arbitrator shall have no authority to consolidate the claims of more than one person and may not preside over any form of class or representative proceeding or claim (such as a class action, a claim on behalf of a third party, a consolidated action, a private attorney general action, or any action in which you seek recovery for damage sustained on behalf of, for the benefit of, or in amounts spent by a third party), unless both you and Dreamgame specifically agree otherwise following initiation of the arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, and only to the extent necessary to provide relief warranted by that party's individual claim(s).

Notwithstanding any other provision of these Terms or the rules of the arbitration provider, Disputes regarding the interpretation, applicability or enforceability of this Class Action Waiver may be resolved only by a court, and not by an arbitrator. In any case where (1) the Dispute is filed as a class, collective or representative action, or otherwise falls within the scope of the Class Action Waiver, and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy — and only that claim or remedy — shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, while the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.

If you opt out of this Provision as specified in subsection (e) and choose to pursue your Dispute in court, this Class Action Waiver will not apply to you. Neither you nor any other user of the Services may act as a class representative or class member, or otherwise participate in a class, consolidated or representative proceeding, without having complied with the opt-out requirements below.

Nothing in this subsection prevents you or Dreamgame from participating in a class-wide settlement to resolve any Dispute as defined herein.

(d) Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or in arbitration, you and Dreamgame shall attempt to resolve the Dispute informally for at least 45 days before initiating arbitration or court proceedings, and shall participate in that informal process in good faith. Notwithstanding Section 17 of these Terms, informal negotiations commence upon receipt of written notice from you to Dreamgame, or from Dreamgame to you (the "Notice of Dispute"). Dreamgame will send its Notice of Dispute to your email address. You will send your Notice of Dispute to: Dreamgame, 2705, 27/F, China Resources Building, 26 Harbour Road, Wanchai, Hong Kong.

The Notice of Dispute must include:

• the full name and contact information of the complaining party, together with the contact information of any legal representative of that party;
• information sufficient to identify every Dreamgame account used by the complaining party or otherwise at issue, including any user ID or other identifying information associated with the account or with use of the Services;
• the specific game(s) or Service(s) at issue;
• a description of the nature and basis of the Dispute, including the conduct by Dreamgame or by you that is the subject of the Dispute, the dates of the events giving rise to it, the specific facts underlying it, and the provision of law or of these Terms alleged to have been breached or violated. For the avoidance of doubt, where a complaint arises from an alleged misrepresentation or omission, the Notice of Dispute must specifically identify the alleged misrepresentation reviewed and relied upon by the complaining party, or the allegedly required omission; and
• the specific relief sought, including the amount of any monetary demand.

If you and Dreamgame do not resolve the Dispute within 45 days after receipt of the Notice of Dispute, you and Dreamgame agree to resolve all Disputes by binding arbitration before a neutral arbitrator as set out in subsection (f). You may pursue your Dispute in court only in the circumstances described below.

(e) Exclusions from Arbitration / Right to Opt Out

Notwithstanding the foregoing, you or Dreamgame may choose to pursue a Dispute in court rather than in arbitration if: (i) the Dispute qualifies for initiation in small claims court; or (ii) YOU PROVIDE DREAMGAME WITH WRITTEN NOTICE OF YOUR DESIRE TO OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST CONSENT TO THIS AGREEMENT (the "Arbitration Opt-Out Notice"). Notwithstanding Section 17 of these Terms, to opt out you must send written notification to: Dreamgame, 2705, 27/F, China Resources Building, 26 Harbour Road, Wanchai, Hong Kong.

Your written notification must include: (1) your name; (2) the address of your place of residence; (3) information sufficient to identify your Dreamgame account, including any user ID or other identifying information associated with the account or with your use of the Services; and (4) a clear statement that you do not wish to resolve disputes with Dreamgame through arbitration. Your decision to opt out will have no adverse effect on your relationship with Dreamgame. If you do not provide Dreamgame with an Arbitration Opt-Out Notice within 30 days of the date on which you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute, except as expressly set out in clause (i) above.

Notwithstanding the foregoing, you and Dreamgame each reserve the right to bring an action in a court of competent jurisdiction to stop and/or seek compensation for infringement of intellectual property and/or misuse or abuse (for example, hacking or falsifying location) of Dreamgame's services and products. Nothing in this Provision precludes either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

(f) Arbitration Procedures

If this Provision applies and the Dispute has not been resolved through Pre-Arbitration Claim Resolution, you and Dreamgame agree to resolve all Disputes by binding arbitration. The parties may appoint a single arbitrator by mutual consent; failing that, you and Dreamgame agree that all Disputes must be submitted to JAMS located in San Francisco, California (www.jamsadr.com) and resolved through binding arbitration before one arbitrator. Unless the parties agree otherwise, the arbitrator must be an attorney licensed to practice law in California with at least ten years of experience in commercial law.

The arbitration shall be commenced as an individual arbitration. Unless you and Dreamgame agree otherwise in writing, the arbitrator shall have no authority to consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. Except as provided in Section 19(c), all issues are for the arbitrator to decide, including the scope and enforceability of this agreement to arbitrate and any Dispute relating to its interpretation, applicability or formation, including any claim that all or part of it is void or voidable. However, a court has exclusive authority to enforce the Class Action Waiver, which prohibits arbitration on a class-wide basis or in a representative capacity, as set out in Section 19(c). A court likewise has exclusive authority to enjoin any arbitration proceedings that do not comply with these Terms, including Section 19 specifically.

You and Dreamgame agree that the then-current versions of the JAMS Comprehensive Arbitration Rules & Procedures, the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases, and the JAMS Mass Arbitration Procedures and Guidelines shall apply to any arbitration, except that you and Dreamgame agree that a Mass Arbitration is defined as 25 or more similar Demands for Arbitration filed against the same party or related parties by individual claimants represented by the same law firm or by law firms acting in coordination. The JAMS rules are available on the JAMS website at www.jamsadr.com. This Provision shall govern in the event of any conflict with the JAMS rules.

Under no circumstances will class action procedures or rules apply to the arbitration. Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes.

Arbitration award. The arbitrator may award, on an individual basis, any relief available under applicable law, and shall have no power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator shall have no power to award any claimant damages incurred by a third party, or relief for harm suffered by a third party. The arbitrator will issue any award in writing but need not provide a statement of reasons unless a party so requests. You and Dreamgame further agree that the arbitrator's award will be final and binding, subject only to a limited right of appeal under the FAA. The award may be confirmed and enforced in any court having jurisdiction.

Location of arbitration. The seat of the arbitration shall be San Francisco, California; however, unless contrary to law, both you and Dreamgame shall have the right to participate in any arbitration hearing or other proceeding remotely by video conference or telephone. Where required by law, the arbitrator shall be authorized to convene a hearing in a different location, and in such instances — and only to the extent required by law — Dreamgame will pay the cost of the arbitrator's travel. For any user residing more than 50 miles from the location of the arbitration who elects to attend an in-person hearing, Dreamgame will pay that user's reasonable cost of travel as determined by the arbitrator.

Payment of arbitration fees and costs. Unless otherwise provided herein, each party shall pay its own arbitration filing fees and the arbitrator's costs and expenses, and you are responsible for all fees and costs you incur in the arbitration, including fees or costs for attorneys or expert witnesses. Fees and costs may be awarded as provided under this agreement and applicable law.

Claims brought for an improper purpose. Either party may request that the arbitrator impose sanctions upon proof that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, otherwise frivolous, or asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as "the court"). Upon finding that a party has asserted such a claim or defense, the arbitrator shall impose sanctions, as permitted by applicable law, equal to the requesting party's reasonable attorneys' fees and costs. Either party may seek dismissal of any arbitration filed in violation of any provision of this Section 19. Either party may also assert in arbitration a counterclaim arising from the other party's initiation of proceedings concerning an arbitrable Dispute without complying with, or otherwise in violation of, the requirements of this Section 19; upon so finding, the arbitrator shall award the other party its actual damages, including reasonable attorneys' fees and costs.

(g) Severability

Notwithstanding Section 15 of these Terms, if any clause within this Provision (other than the Class Action Waiver above) is found to be illegal or unenforceable, that clause will be severed from this Provision and the remainder of the Provision will be given full force and effect. If, however, the Class Action Waiver is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

(h) Continuation

This Provision shall survive this Agreement, the termination of your Dreamgame account (if applicable), and your access to or use of the Services.

20.Dispute Resolution — If You Live Outside the United States

If a Dispute arises between you and Dreamgame, we strongly encourage you first to contact us directly to seek a resolution through our customer support site at https://dreamgame.hk/.

Any Dispute between you and Dreamgame arising in whole or in part from your access to or use of the Services shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the SIAC then in force. The seat of arbitration shall be Singapore. The arbitral tribunal shall consist of one arbitrator appointed by the SIAC, and the language of the arbitration shall be English.

YOU ACKNOWLEDGE AND AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, IN ANY FORUM, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR DREAMGAME WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

21.Litigation, Jurisdiction and Venue

If you reside in the United States, or if you initiate a Dispute arising in any way under or related to the federal, state or local laws of the United States or any subdivision thereof, then — to the extent these Terms permit you or Dreamgame to initiate litigation in a court, other than small claims court actions — you and Dreamgame agree to the exclusive jurisdiction of, and venue in, the courts of competent jurisdiction located in San Francisco, California, including the applicable state and federal courts. You and Dreamgame each waive any objection to jurisdiction and venue in those courts. Any litigation arising out of, or in any way related to, the enforcement of Section 19 of these Terms shall take place in a state or federal court located in San Francisco, California.

22.California Consumer Notice

Under California Civil Code section 1789.3, California users are entitled to the following consumer rights notice: the Services are provided by Dreamgame, 2705, 27/F, China Resources Building, 26 Harbour Road, Wanchai, Hong Kong. If you have a question or complaint regarding the Services, you may contact us at https://dreamgame.hk/, or by writing to service@dreamgame.hk.

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or, for the hearing impaired, at TDD (800) 326-2297 or TDD (916) 322-1700.

23.Force Majeure

Dreamgame shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including without limitation any failure to perform due to unforeseen circumstances such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accident, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

24.Entire Agreement

These Terms, together with any supplemental policies and any documents expressly incorporated by reference (including the Dreamgame Privacy Policy), constitute the entire understanding between you and Dreamgame and supersede all prior understandings between the parties relating to their subject matter, whether electronic, oral or written, and whether established by custom, practice, policy or precedent, with respect to the Services. You confirm that, in agreeing to accept this Agreement, you have not relied on any representations other than those contained in this Agreement (if any) and in the Privacy Policy. Attachments. Any schedules, annexes or other documents expressly incorporated into these Terms (collectively, "Attachments") form part of these Terms and have the same legal effect as the provisions of these Terms. In the event of any conflict between an Attachment and these Terms, these Terms will prevail unless the applicable Attachment expressly states otherwise.

25.Assignment

Dreamgame reserves the right to assign, transfer, sublicense, pledge or delegate these Terms and/or the Privacy Policy, in whole or in part, to any person or entity at any time, with or without your consent, provided that Dreamgame shall notify you of any such assignment via the Services or email. You may not assign, transfer, sublicense, pledge or delegate any of your rights or obligations under these Terms, whether by operation of law or otherwise, without Dreamgame's prior written consent, and Dreamgame may in its sole discretion terminate your account if any purported assignment is made by you.

26.General

Nothing in this Agreement creates or confers any right or benefit upon any third party.

Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or other form of joint enterprise between you and Dreamgame.

Nothing in this Agreement shall be construed as granting you any security interest whatsoever over the assets of Dreamgame, including — for the avoidance of doubt — over any amounts standing to the credit of your account.

By using the Services, you agree to comply fully with all applicable tax laws, and you release Dreamgame from any and all liability associated with your compliance with such laws.

This Agreement has been drafted in the English language. In the event of any discrepancy between the meaning of a translated version and the English version, the English version shall prevail.