Terms of Service

Wish Interactive (hereinafter "Wish Interactive" or "Us" or "We") offers a diverse range of services to the users. Your use of our games, websites and related services ("services" or "our services") is subject to these Terms of Service ("Terms") – so please read them carefully.
Thank you for reviewing these Terms – we hope you enjoy using Wish Interactive's services.
If you have any questions about, or if you wish to send us any notices in relation to, these Terms, please contact us at dpo@friendtimes.net.
The Terms govern the relationship between you and WISH INTERACTIVE TECHNOLOGY LIMITED having its registered office at Unit 502, 5/F, Hang Seng North Point Building, 341 King's Road, North Point, Hong Kong, regarding your use of Wish Interactive's games, websites and related services. Use of the Service is also governed by Wish Interactive's Privacy Policy and other relevant policies, which are incorporated herein by reference.
Before accessing or using the Service, including browsing any Wish Interactive website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service. BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Wish Interactive reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Wish Interactive policies at any time by posting the amended terms on the Wish Interactive Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Wish Interactive Privacy Policy, or any other Wish Interactive policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
We encourage users to consult the Terms of Service regularly for changes. If you have any comments, questions or complaints regarding the processing of the Terms of Service, you can contact us at dpo@friendtimes.net.


1. License
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Wish Interactive policies, Wish Interactive grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
·You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
·You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Wish Interactive, or previously been banned from playing any Wish Interactive game. ·You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.


Login information and Your Account
You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Wish Interactive and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
Wish Interactive reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.


License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
·Engage in any act that Wish Interactive deems to be in conflict with the spirit or intent of the Service or make improper use of Wish Interactive's support services.
·Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Wish Interactive game or any Wish Interactive game experience.
·Modify or cause to be modified any files that are a part of the Service or any Wish Interactive game without Wish Interactive's express written consent.
·Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing Wish Interactive's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
·Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service or any Wish Interactive game environment.
·Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
·Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Wish Interactive, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
·Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
·Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
·Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Wish Interactive employees, including Wish Interactive's Customer Service representatives.
·Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Wish Interactive employee.
·Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Wish Interactive game, or to obtain any information from the Service or any Wish Interactive game using any method not expressly permitted by Wish Interactive.
·Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Wish Interactive game. ·Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Wish Interactive reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Wish Interactive reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, Wish Interactive MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR Wish Interactive SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND Wish Interactive IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE 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 STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Wish Interactive reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Wish Interactive shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.


2. Ownership
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Wish Interactive game client, and the Wish Interactive game clients and server software) are owned by Wish Interactive. Wish Interactive reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Wish Interactive.
2.3. Virtual Items
Wish Interactive owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Wish Interactive games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Wish Interactive game, whether earned in a game or purchased from Wish Interactive, or any other attributes associated with an Account or stored on the Service.


3. User Content
3.1. Submission of User Content
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Wish Interactive game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is
(a)accurate and not confidential or misleading;
(b)not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content;
(c)free of viruses, adware, spyware, worms or other malicious code; and
(d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Wish Interactive in accordance with its Privacy Policy.
3.1.1. Content Screening
Wish Interactive assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
Wish Interactive reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Wish Interactive chooses, in its sole discretion, to monitor the Service, Wish Interactive nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Wish Interactive cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Wish Interactive shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Wish Interactive may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Wish Interactive violates these Terms of Service.
3.2.3. Your License to Wish Interactive
You hereby grant to Wish Interactive an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Wish Interactive the right to authorize others to exercise any of the rights granted to Wish Interactive under these Terms of Service. You further hereby grant to Wish Interactive the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Wish Interactive does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Wish Interactive has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Wish Interactive games. Wish Interactive reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Wish Interactive to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Wish Interactive access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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.


4. Fees and Purchase Terms
4.1.Purchases
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or diamonds or ingots, all for use in Wish Interactive games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.
Wish Interactive may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Wish Interactive shall have no liability to you or any third party in the event that Wish Interactive exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Wish Interactive, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Wish Interactive games is a service provided by Wish Interactive that commences immediately upon acceptance by Wish Interactive of your purchase.
4.2 Handling Rules on Dishonest Top-up Behaviors
Honesty is the basic principle the users shall abide by in top-up. In case of any misunderstanding, discontent, advice or other demands after the user successfully topped up and received virtual articles or value-added services(hereinafter referred to as "Top-up Income", the user may contact the Customer Service at anytime. In case that the user chooses to require refund, he/she shall timely contact the Customer Service or inform our company to deduct corresponding Top-up Income; in the event that the user still enjoys the top-up services after he/she required refund, his/her behavior shall be deemed as dishonesty, and our company will conduct severe punishments, including but not limited to: warning, points deduction, freezing or calling back virtual articles, temporary gameplay frozen, permanent gameplay frozen, forcible offline, account block, archive deletion and other technical measures for prevention; our company reserves the right to take legal actions(including but not limited to civil and criminal liabilities) against the user in case of gross violation(frequent refund requirements or refund requirements through a third party). Our company will conduct severe punishments on the following behaviors: top-up or other transaction related behaviors(including but not limited to top-up or purchasing virtual articles through a third party) through the top-up or transaction platforms not acknowledged by our company. The punishments include but not limited to: warning, points deduction, freezing or calling back virtual articles, temporary gameplay frozen, permanent gameplay frozen, forcible offline, account block, freezing ingots, archive deletion and other technical measures for prevention; our company reserves the right to take legal actions against the user in case of gross violation.
4.3 Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Wish Interactive may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT Wish Interactive IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.


5. Updates to the Service
You understand that the Service is an evolving one. Wish Interactive may require that you accept updates to the Service and to Wish Interactive's games you have installed on your device or computer. You acknowledge and agree that Wish Interactive may update the Service and Wish Interactive games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Wish Interactive games.


6. Disclaimer of Warranties
WITHOUT LIMITING Wish Interactive's LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Wish Interactive DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.


7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Wish Interactive SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Wish Interactive HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, Wish Interactive SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO Wish Interactive IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO Wish Interactive DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND Wish Interactive's EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH Wish Interactive IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF Wish Interactive OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF Wish Interactive.
You agree to indemnify, defend and hold Wish Interactive (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.


8. Dispute Resolution and Law
If a dispute arises between you and Wish Interactive, we strongly encourage you to first contact us directly to seek a resolution by e-mailing us at dpo@friendtimes.net. These Terms and any dispute or claim arising out of or in connection with these Terms between you and Wish Interactive will be governed by the law of the Hong Kong Special Administrative Region.
Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.


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


10. General Provisions
10.1. Assignment
Wish Interactive may assign or delegate these Terms of Service and/or the Wish Interactive Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Wish Interactive's prior written consent, and any unauthorized assignment and delegation by you is ineffective.
10.2. Supplemental Policies
Wish Interactive may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Wish Interactive Privacy Policy), contain the entire understanding of you and Wish Interactive, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
10.4. No Waiver
The failure of Wish Interactive to require or enforce strict performance by you of any provision of these Terms of Service or the Wish Interactive Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Wish Interactive's right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Wish Interactive of any provision, condition, or requirement of these Terms of Service or the Wish Interactive Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Wish Interactive shall be deemed a modification of these Terms of Service or legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Wish Interactive.
10.5. Notices
We may notify you via postings on http://www.wishgamer.com, and via e-mail or any other communication means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Wish Interactive Privacy Policy shall be in writing and addressed to: FriendTimes Inc. Attn: FriendTimes Building, No. 68 Qitai Road, Suzhou Industrial Park, China. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Wish Interactive are of a unique and irreplaceable nature, the loss of which shall irreparably harm Wish Interactive and which cannot be replaced by monetary damages alone so that Wish Interactive shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Wish Interactive game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claim for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
Wish Interactive shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Wish Interactive, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Wish Interactive's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.


11. User Account Registration, Use and Custody
1. Account Registration: the user promises to use his/her true identity or other partner accounts acknowledged by our company to register an email account, and enter the game with such account(hereinafter also referred to as "User Account"). The user agrees to use true and correct personal information he/she provided as the sole evidence to affirm the user identity and the connection between the user and the account.
2. If you choose to enjoy the game without an account by "Quick Play", "Guest" or other means(hereinafter referred to as "Quick Mode"), please timely bind your User Account upon login; otherwise, top-up or consumption is inaccessible; in case that you fail to bind an account, all your data in Quick Mode will be unable to be searched or recovered when your game application is unable to be started due to your broken mobile device or computer.
In case that the user forgets the password of the partner account acknowledged by this agreement or the password is lost, the user should immediately contact the unit which provides the account registration service (i.e. the partner acknowledged by our company) to deal with the problem.
Note: Any Customer Service and employees of our company will not ask the player for any password, security code or other information. Please take care and avoid unnecessary loss.


12. Handling Rules on Data Exception
If our company detects the data exception or illegal and other improper behaviors, "other improper behaviors" including but not limited to: (1) Using bugs or improper ways to improve character’s data and ranking in the game; (2) Transactions not for the purpose of normal entertainment and interaction; (3) Unusual transactions for the purpose of transferring virtual items or improve your character, including but not limited to purchasing virtual items that are not required by your character, transacting virtual items at unusual prices, and transacting virtual items by using multiple game accounts and the like, our company has the right to investigate and take corresponding measures, including but not limited to: (1) Virtual items deletion; (2) Illegitimate gains confiscation; (3) Data fallback or clear; (4) Muting; (5) Temporary banned login; (6) Permanent banned login; (7) Temporary isolation; (8) Permanent isolation; (9) Forced offline; (10) Cancellation of transactions; (11) Deduction of illegal transaction benefits; (12) Restrictions on transactions; (13) Suspension until the deletion of account. The user has no right to request our company to assume any responsibility.


13. Handling Rules on Illegitimate Gains
The user shall understand and agree that our company provides services for the purpose of allowing you to experience a varied game instead of using the services to earn money or to obtain economic benefits. If the user conducts transactions and profit-making behaviors in the game, it will damage the fairness and balance of the game, thereby affecting the game experience for other users and the game itself.
Therefore, the user shall promise not to engage in behaviors or virtual items transactions for profit, and any of the above behaviors will be considered as illegitimate gains, including but not limited to:
(1) Registering multiple accounts and/or IDs for profit;
(2) Engaging in single or series of gameplay in the game, and making profits by selling virtual items;
(3) Taking advantage of the value differences of different servers to profit from transacting virtual items on different servers;
(4) Acting as the account and virtual items transaction intermediary to collect fees and profits;
(5) Profiting from transacting accounts or virtual items on the platform that is not provided or approved by our company;
(6) Transacting virtual items obtained in the game to profit without paying attention to the improvement of the character, and the character' s multiple skills, cultivation, equipment, and summoning monster level have great difference with the character level;
(7) Organizing or participating in gambling, implementing or participation in crimes such as the theft of property or virtual items by using the game;
(8) Any other in-game profit-making behavior that is not for the purpose of normal game entertainment and interaction.
The company has the right to take the following measures to users who make illegitimate gains: deduction the points of accounts (including but not limited to the account of obtaining, transferring, and selling virtual items), confiscation of virtual items, temporary frozen gameplay, permanent frozen gameplay, forced offline, temporary isolation, permanent isolation, account closure, cancellation of transactions, deduction of illegal transaction gains, transaction function restrictions, deletion of profiles and other technical prevention measures. If the circumstances are serious, the company reserves the right to pursue the user's legal responsibility.


14. Types and Definition of Penalties
Rules are the foundation of a stable game. All penalties that our company has made in the game are to maintain the harmony and fairness of the game environment.
However, the true order should stem from everyone's habits. Our company sincerely hopes to have such a day when our company does not have to use penalties to constrain the players' behavior.
Provided that you violate the provisions of this article, in addition to the penalties that you have to borne in accordance with other provisions, you may also suffer one or more penalties as follows:
(1) Warning: Warning is just an educational guide for players in violation of the rules of the game. It is a normal method to manage the game operation.
(2) Muting: Shut part or all of the chat channels of the player in violation of the provisions; forcibly suspend the online dialogue function of the player's user account. As a consequence, the player can’t talk to other players in this account until the penalty expires or is canceled.
(3) Provisional Frozen Function: Limit the game character of the players in violation of provisions and limit part of their game operations until the penalty expires or is canceled.
(4) Permanent Frozen Function: Limit part of game operations of the character of the players in violation of provisions. The penalty shall not be canceled or released permanently.
(5)Provisional Banned Login: The user account of the player in violation of the provisions shall provisionally be unable to log in and play one or several games provided by our company within a certain period of time until the penalty expires or is canceled.
(6)Permanent Banned Login: The user account of the player in violation of the provisions shall permanently be unable to log in and play the game.
(7)Forced Offline: Force the player in violation of the provisions to exit the current game and end the execution of the player's current game progress.
(8)Account Suspension: Suspend or permanently terminate the right of the user account of the player in violation of the provisions to log in the game.
(9) Profile Deletion: Delete the character file of the player in violation of the provisions in the game world, and prevent the character from appearing in the game world again.
(10) Bearing Liabilities: If the player's misconduct causes damage to other players or our company or is contrary to the current laws and provisions, the player in violation of the provisions shall bear the corresponding civil, administrative or criminal liabilities in accordance with the law.
(11) Organizations Dismissal: Dismiss organizations created by the player, including but not limited to a faction.
(12) Name Modification: Forcibly modify names and nicknames which are customized by the player, including but not limited to character name, faction name, pet name and heir name, etc.
(13) Provisional Limit of Game Operation: The user account of the player in violation of the provisions shall be limited to use part of the game services in a certain period of time.
(14) Frozen Virtual Items in the Game: Limit relevant functions of the character's virtual items of the player, including but not limited to the use, transaction, giving, etc. of the items.
(15) Virtual Items Withdrawal in the Game: Withdraw virtual items obtained by players due to fraud or other irregularities, including but not limited to game virtual items.
(16) Other Penalties: Including but not limited to confiscation of illicit benefits (such as game virtual items obtained by the player through improper means), deducting points (including but not limited to Exp, etc.), deletion of BBS posts, blocking of BBS accounts, provisional interruption of services, etc.


15. Handling Rules of Anti-harassment in the Game
Our company suggests players to be responsible for their own behaviors in the game to create a healthy and civil game environment. The players will be punished on the following occasions agreed in this term.
15.1 Pretension as the System
Any pretension as the system in the game to distribute or disseminate false information to other players may lead to the following punishments based on different degrees: warning; mute; temporarily frozen; permanently frozen; login forbidden temporarily; login forbidden permanently.
15.2 Illegal Websites
In order to maintain a clean and harmonious game environment, any preach of illegal websites may lead to the following punishments based on different situations: warning; mute; temporarily frozen; permanently frozen; login forbidden temporarily; login forbidden permanently.
15.3 Improper Speech
Any distribution or promotion of unhealthy information in the game may lead to the following punishments based on different situations: warning; mute; temporarily frozen; permanently frozen; forced offline; login forbidden temporarily.
15.4 Spam Message
Disseminating large amounts of same, similar or meaningless information (including but not limited to screen flooding), or distributing, disseminating any information that derogates, slanders, attacks the game or the company, or other false information will lead to the following punishments based on different situations: warning; mute; temporarily frozen; permanently frozen; forced offline; login forbidden temporarily.
15.5 Real Life Information and Physical Intimidation
All violent behaviors which have no direct connection with the game, and all behaviors revealing the game information and real life information of other players or staff of our company may lead to the following punishment based on different situations: mute; forced offline; temporarily frozen; permanently frozen; login forbidden temporarily; login forbidden permanently; legal liabilities.
15.6 Publicizing or Using Information such as Trojan, Plug-ins and Virus
Any distribution or dissemination of information such as Trojan, plug-ins and virus in the game may lead to the following punishments based on different situations: mute; temporarily frozen; permanently frozen; login forbidden temporarily; login forbidden permanently; forced offline; account block; archive deletion; legal liabilities.
15.7 Publicizing Game-Leveling
Any distribution or dissemination of game-leveling information in the game may lead to the following punishments based on different situations: mute; temporarily frozen; permanently frozen; login forbidden temporarily; login forbidden permanently; forced offline; account block; archive deletion;.
15.8 Other Harassment Behaviors
Apart from above situations, in case of any nonobservance of laws and rules, social morality or game rules and other harassment behaviors, such player may have the following punishments based on different situations: warning; mute; temporarily frozen; permanently frozen; login forbidden temporarily; login forbidden permanently; forced offline; account block; archive deletion; legal liabilities.


16. Naming Rules
To create a friendly environment for our games, Wish Interactive does not allow names that contain the following content, including but no limited to Race/religion, state politics, national leaders, obscenity, defamation/intimidating threats, religious figures, staff members, offensive words, insulting words, misleading words, illicit drugs, etc.
Provided that there are any violations, the player shall possibly be subject to the following penalties depending on the situation: Warning, mute, provisional frozen gameplay, permanent frozen gameplay, forced offline, provisional banned login, permanent banned login, modify nickname, and disband organization.


17. Handling Rules on Using Game Bugs & Third-party Software
1. Game bug refers to loopholes or unreasonable phenomena in game systems, programs, settings, etc.
Players are obliged to report game bugs to the Customer Service. It is strictly forbidden for players to directly or indirectly use game bugs, program loopholes to profit, disrupt game order, or achieve personal goals. Once verified, the player may be subject to the following penalties: Confiscation of the illicit benefits obtained directly or indirectly by the player, deduction of value (including but not limited to the Exp), cancellation of the transaction, deduction of the illegal gains, trading function restrictions, forced offline, provisional frozen gameplay, permanent frozen gameplay, provisional banned login, permanent banned login, deletion of profiles, and you shall bear legal liabilities.
2. Unauthorized third party software refers to any files or programs that can be used to gain advantages in the game but is not part of the corresponding game software, including the cheat and support programs (including but not limited to automatic upgrade, automatic leveling, automatic medication, automatic task completion, acceleration, simulated points addition, battle HP or other operations beyond game settings). Once verified, the player may be subject to the following penalties including but not limited to Confiscation of the illegitimate benefits obtained directly or indirectly by the player, deduction of value (including but not limited to the Exp), cancellation of the transaction, deduction of the illegal gains, trading function restrictions, provisional frozen gameplay, permanent frozen gameplay, forced offline, provisional banned login, permanent banned login, deletion of profile, and you shall bear legal liabilities.
Any external third-party software used with the game software may have a negative impact on the game. The main consequence of using an external program is an unstable data transfer, causing players to frequently drop or jam. External programs may also cause virus, spyware and other unknown program intrusions to players’devices (including but not limited to mobile phones, tablets). Third-party software may also steal personal information such as accounts and passwords stored on players' devices (including but not limited to mobile phones, tablets).


Last Updated Feb. 21st, 2022