Terms of Use

Empire Online
Terms of Use Agreement
last updated: 11 March 2011

You should carefully read the following Empire Online Terms of Use agreement (the “Terms of Use” or “Agreement”). This software is licensed, not sold. by installing, copying or otherwise using the game (defined below), you agree to be bound by the terms of this agreement. if you do not agree to the terms of this agreement, you are not permitted to install, copy or use the game. If you do not agree with all of the terms of this agreement, you must click “reject.”

Welcome to Gameislive Corporation Limited’s (“Lakoo”) “Empire Online” (the “Game”). the Game includes two components: (a) the software program along with any accompanying materials or documentation (collectively, the “game client”), and (b) Lakoo’s proprietary Empire Online online service (the “service”). Your use of the service is subject to this agreement, incorporated herein by this reference, both of which you must accept before you can use the game client or the service.

For purposes of this Agreement, “Lakoo” shall mean Gameislive Corporation Limited for those accessing the Empire Online. This software program, and any files that are delivered to you by Lakoo(via on-line transmission or otherwise) to “patch,” update, or otherwise modify the software program, and any and all copies and derivative works of such software program (collectively, with the “Game Client” defined below, the “Game”) is the copyrighted work of Lakoo. Any and all uses of the Game are governed by the terms of this Agreement.To play the Game, you must (a) obtain from Lakoo access to the Empire Online massively multi-player online role-playing game service (the “Service”), available at http://www.lakoo.com/empire/term; and (b) register an account by any means directly from Lakoo. The Game is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of the License Agreement is expressly prohibited.

1. Grant of a Limited License to Use the Service
Subject to your agreement to and continuing compliance with the Terms of Use agreement, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use the Service for any other purpose, or in connection with any other software.

You may establish an Account only if you are a “natural person”. If you agree to this License Agreement, you may install the software (hereafter referred to as the “Game Client”) onto your device for purposes of playing the Game by registering for and accessing an account with the Service (the “Account”). Subject to your agreement to and continuing compliance with this License Agreement, Lakoo hereby grants, and you hereby accept, a limited, non-exclusive license to install the Game Client on one or more devices owned by you or under your legitimate control. Any and all uses of the Game Client are subject to this License Agreement which you must accept before you can play the Game.

2. Additional License Limitations.
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of Lakoo’s copyrights in and to the Game. You agree that you will not, under any circumstances:

A. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Empire Online experience;

B. exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose, including without limitation (a) for gathering in-game currency, items or resources for sale outside the Game; or (b) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;

C. use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that Lakoo may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

D. modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by Lakoo;

E. host, provide or develop matchmaking services for the Game or the Service, or intercept, emulate or redirect the communication protocols used by Lakoo in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;

F. facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Lakoo; or

G. disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other player’s Game experience. Any attempt by you to disrupt the service or undermine the legitimate operation of the game client may be a violation of criminal and civil laws. You agree that you will not violate any applicable law or regulation in connection with your use of the Game Client or the Service.

H. in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game; provided, however, that you may make one (1) copy of the Game Client and the manuals that accompany it for archival purposes only;

I. sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, or rent, lease or license the Game to others.

J. in connection with your use of a Game client or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

K. connect to or use the Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person’s use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service.

L. make actions related to Data Mining in our game. You agree that you will not (a) obtain or attempt to obtain any information from the Service or any Game using any method not expressly permitted by Lakoo; (b) intercept, examine or otherwise observe any proprietary communications protocol used by a client or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through a Game client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.

M. disrupt or assist in the disruption of (i) any computer used to support the Service or any Game environment (each a “Server”); or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

N. infringe the local, country and international laws when using the Service.

3. Fees.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. If you choose a recurring subscription for any Game, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card) until you cancel the subscription or the Account. Lakoo may revise the pricing for the goods and services offered through the Service, including without limitation subscription plans for any Game, at any time. You acknowledge that Lakoo is not required to provide a refund for any reason, and that you will not receive money back for prepaid time when the account is closed, whether such closure was voluntary or involuntary.

3.Ownership.
All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into the Game Client, transcripts of the chat rooms, character profile information, recordings of games played using the Game Client, and the Game Client and server software) are owned by Lakoo. The Game and the Service are protected by Hong Kong and international laws, international treaties and conventions.

4. Consent to Monitor.
When running, the Game may monitor your device’s random access memory (ram) for unauthorized third party programs running concurrently with the game. an “unauthorized third party program” as used herein shall be defined as any third party software prohibited by Section 2. In the event that the game detects an unauthorized third party program, the game may (a) communicate information back to Lakoo, including without limitation your account name, details about the unauthorized third party program detected, and the time and date; and/or (b) exercise any or all of its rights under this agreement, with or without prior notice to the user.

5. Establishing an Account.

Prior to using the Service, you may be required to establish an account (a “Lakoo ID”) on Lakoo’s centralized account system. When creating these accounts, you may be required to provide Lakoo with certain personal information and financial information. You agree that you will supply accurate information to Lakoo when requested, and that you will update that information promptly after it changes.

6. Accessing the Service.

A. Account Eligibility.
You may establish an Account only if you are a “natural person” and an adult in your country of residence. Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account. Individuals prohibited by Lakoo from using the Service may not create or use an Account, and doing so and may result in severe civil and criminal penalties. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements.

B. Establishing an Account.
When creating or updating an Account on the Service, you are required to provide Lakoo with certain personal information such as your name, address, phone number, email address and, in some cases, payment information. An unused Authentication Key provided to you by Lakoo will be required when adding a Game license to an Account. A Game license must be added to an Account before you can play that Game online, where applicable. You agree that you will supply accurate and complete information to Lakoo when requested, and that you will update that information promptly after it changes.

C. Username and Password.
During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as “Login Information”), and you may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are 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. 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 Lakoo by emailing cs@lakoo.com.

7. Username and Password.
During the registration process, you may be required to select a unique username and a password (collectively referred to hereunder as “Login Information”). You may not share the Account or the Login Information with anyone other than as expressly set forth herein.

8. No Ownership Rights in Account.
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 Lakoo.

9. Duration of the “On-line” Component of the Game.
This Game is an ‘on-line’ game that must be played over the Internet through the Service as provided by Lakoo. You understand and agree that the Service is provided by Lakoo at its discretion and may be terminated or otherwise discontinued by Lakoo pursuant to the Empire Online Terms of Use.

10. Account Suspension/Deletion.
Lakoo may suspend, terminate, modify, or delete accounts at any time for any reason or for no reason, with or without notice to you. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use.

11. Code of Conduct.
As with all things, your use of the Game and the Service is governed by certain rules. These rules (the “Code of Conduct”), maintained and enforced exclusively by Lakoo, must be adhered to by all users. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Lakoo reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures including but not limited to warning, taking over virtual items, confiscating your account balance, freezing and terminating your account, declining your future usage of the Service of Lakoo as it sees fit up to and including termination and deletion of the Account. Lakoo reserves the right to modify this Code of Conduct at any time.

A. Rules Related to Usernames and Empire Designations.
Each user will either select a character name or allow the Service to automatically select a character name at random. Additionally, users may form “Empire” and such Empire will be required to choose a name for the Empire. When you choose a character name, create a Empire, or otherwise create a label that can be seen by other players using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If Lakoo finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the Service. In particular, you may not use any name:
(i) Belonging to another person with the intent to impersonate that person, including without limitation a “Game Master” or any other employee or agent of Lakoo;

(ii) That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;

(iii) Subject to the rights of any other person or entity without written authorization from that person or entity;

(iv) That belongs to a popular culture figure, celebrity, or media personality;

(v) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;

(vi) Belonging to any religious figure or deity;

(vii) Taken from Lakoo’s products;

(viii) Related to drugs, sex, alcohol, or criminal activity;

(ix) Comprised of partial or complete sentence (e.g., “Onmyknee”, “Youlikefish”, etc);

(x) Comprised of gibberish (e.g., “dkfghik”, “bnvksdbh”, “nxcmvn”);

(xi) Referring to pop culture icons or personas (e.g. ” “Ladygaga”, “Brucelee”, “Ironman”)

(xii) That utilizes “Leet” or “Dudespeak” (e.g., “l33t”, “xxlovelyxx”,)

(xiii) That incorporates titles. For purposes of this subsection, “titles” shall include without limitation ‘rank’ titles (e.g. , “GeneralTom”), monarchistic or fantasy titles (e.g., “KingQin”, “LordPotter”), and religious titles (e.g., “TheBuddha,” ). You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a “first” and “last” name that, when combined, violate the above name restrictions.

B. Rules Related to “Chat” and Interaction With Other Users.
Communicating in-game with other Users and Lakoo representatives, whether by text, voice or any other method, is an integral part of the Game and the Service and is referred to here as “Chat.” When engaging in Chat, you may not:
(i) Transmit or post any content or language which, in the sole and absolute discretion of Lakoo, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;

(ii) Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;

(iii) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the Empire Online universe;

(iv) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services;

(v) Communicate or post any user’s personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user;

(vi) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game;

(vii) Participate in any action that, in the sole and absolute opinion of Lakoo, results or may result in an authorized user of the Game being “scammed” or defrauded out of virtual currency, weapons, armor, or any other items that user has earned through authorized game play in the Game; or

(viii) Impersonate any real person, including without limitation any “game master” or any other Lakoo agent or employee, nor may you communicate in the Game in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Lakoo agent or employee.

C. Rules Related to Game Play. Game play is what Empire Online is all about, and Lakoo strictly enforces the rules that govern game play. Lakoo considers most conduct to be part of the Game, and not harassment, so player-killing the enemies of your race and/or alliance, including gravestone and/or corpse camping, is considered a part of the Game. Because the Game is a “player vs. player” game, you should always remember to protect yourself in areas where the hostile players can attack you, rather than contacting Lakoo’s in-game customer service representatives for help when you have been killed by an enemy. Nonetheless, certain acts go beyond what is “fair” and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following

(i) Using or exploiting errors in design, features which have not been documented, and/or “program bugs” to gain access that is otherwise not available, or to obtain a competitive advantage over other players;

(ii) Conduct prohibited by the Terms of Use; and

(iii) Anything that Lakoo considers contrary to the “essence” of the Game.

12. Security of Login Information.
You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that 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 Lakoo by emailing cs@lakoo.com.

13. Ownership/Selling of the Account or Virtual Items.
Lakoo does not recognize the transfer of Lakoo IDs (an “Account”). You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Lakoo owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with the Account or stored on the Service. Lakoo does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Game. Accordingly, you may not sell in-game items or currency for “real” money, or exchange those items or currency for value outside of the Game.

14. Changes to the Terms of Use Agreement or the Game.
Lakoo reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice; provided, however, that material changes (as determined in Lakoo’s sole and absolute discretion) will be disclosed as follows: Lakoo will provide you with notification of any such changes through a patch process, or by email, postal mail, website posting, pop-up screen, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Game and the Account. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Lakoo may change, modify, suspend, or discontinue any aspect of the Game at any time. Lakoo may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.

15. Patches and Updates.
Lakoo may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game. You may need to update the Game voluntarily on your Device upon notified by Lakoo. Once updated, Lakoo shall not be responsible for any loss in the game resulted from your negligence in installing Lakoo’s update. You hereby grant to Lakoo your consent to deploy and apply such patches, updates and modifications.

16. Termination.
This Agreement is effective until terminated.
You may terminate the License Agreement at any time by (i) permanently destroying all copies of the Game in your possession or control; (ii) removing the Game Client from your device; and (iii) notifying Lakoo of your intention to terminate this License Agreement. Lakoo may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Game Client from your device. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased virtual currency in Empire Online. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. Lakoo may terminate this Agreement with or without notice by terminating the Account as set forth in Section 10. The provisions of Sections 3,6, 8,13, 17-24 shall survive any termination of this Agreement.

17. Warranty Disclaimer.
The game and the service are provided “as is” and lakoo does not warrant that the game or 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. Lakoo expressly disclaims all warranties, express or implied, including without limitation the warranties of merchantability or fitness for any particular purpose or use, and non-infringement.

The game (inluding without limitation the game client and manual(s)) is provided “as is” without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Game (including without limitation the Game Client and manual(s)) remains with the user.

18. Limitation of Liability.
Neither Lakoo nor its parent, subsidiaries, licensors or affiliates shall be liable in any way for damage or loss of any kind resulting from (a) the use of or inability to use the game or service including without limitation loss of goodwill, work stoppage, device failure or malfunction; (b) the loss or damage to characters, accounts, statistics, inventories or user profile information; or (c) interruptions of service including without limitation isp disruptions, software or hardware failures or any other event which may result in a loss of data or disruption of service. In no event will Lakoo be liable to you or anyone else for any indirect, incidental, special, exemplary or consequential damages. In no event shall Lakoo’s liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you to Lakoo during the six (6) months immediately prior to the time such claim arose. You hereby agree to defend, indemnify and hold Lakoo harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys’ fees) incurred by Lakoo arising out of or from your use of the Game.

19. Indemnification.

You hereby agree to defend, indemnify and hold harmless Lakoo, its parent, subsidiaries and affiliates, from and against any claim, liability, injury, damage, loss or expense (including reasonable attorneys’ fees) incurred as a result of, arising from, or relating to your use of the game and/or the Service.

20. Force Majeure.
Lakoo shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Lakoo, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Lakoo’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.

21. Acknowledgments.
You hereby acknowledge and agree that:
A. When running, the Game may monitor your device for unauthorized third party programs running concurrently with Empire Online. An “unauthorized third party program” as used herein shall be defined as any third party software that, when used simultaneously or in connection with the game, would constitute a violation of Sections 1, 2 14, or 24. In the event that the game detects an unauthorized third party program, Lakoo may (a) communicate information back to Lakoo, including without limitation the account name, details about the unauthorized third party program detected, and the time and date the unauthorized third party program was detected; and/or (b) exercise any or all of its rights under this Agreement, with or without prior notice to the user.

B. When the game is running, Lakoo may obtain certain identification information about your device and its operating system, including without limitation your hard drives, central processing unit, ip address(es) and operating system(s), for purposes of improving the Game and/or the Service, and to police and enforce the provisions of this Agreement.

C. Lakoo may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, Chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Lakoo believes that doing so may protect your safety or the safety of others.

D. Lakoo may monitor, record, review, modify and/or disclose your chat sessions, whether voice or text, without notice to you, and you hereby consent to such monitoring, recording, review, modification and/or disclosure. Additionally, you acknowledge that Lakoo is under no obligation to monitor Chat, and you engage in Chat at your own risk.

E. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.

F. You hereby grant Lakoo a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, 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 such User Content (“User Content” means any communications, images, sounds, and all the material and information that you upload or transmit through a Game client or the Service, or that other users upload or transmit, including without limitation any chat text.) as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.

G. Lakoo do not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications (including without limitation chat text) when you are using the Service or playing a Game, and 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. Lakoo do not assume any responsibility or liability for User Content that is generated by users. Lakoo have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content. Lakoo also reserve the right, at all times and in our sole discretion, to disclose any user content and other information (including without limitation chat text, voice communications, ip addresses, and your personal information) for any reason, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this or any other agreement or Lakoo policy; (c) to protect our legal rights and remedies; (d) where Lakoo feel someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.

H. Transactions in game by virtual currencies are final.

22. Equitable Remedies.
In the event that you breach this Agreement, you hereby agree that Lakoo would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Lakoo shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Lakoo may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 24, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

23. Changes to the Agreement.
Lakoo may replace this Agreement with new versions (each a “New Agreement”) over time as the Game and the law evolve. This Agreement will terminate immediately upon the introduction of a New Agreement, and you will be given an opportunity to review and accept the New Agreement. If you accept the New Agreement, and if the Account registered to you remains in good standing, you will be able to continue playing the Game subject to the terms of the New Agreement. If you decline to accept the New Agreement, or if you cannot comply with the terms of the New Agreement for any reason, you will no longer be permitted to play the Game. New Agreements will not be applied retroactively. Lakoo may change, modify, suspend, or discontinue any aspect of the Game at any time. Lakoo may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.

24. Dispute Resolution and Governing Law.
A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Lakoo agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Lakoo will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Lakoo, Workshop 2B on 3/F, Wah Yiu Industrial Centre, 30-32 Au Pui Wan Street, Shatin, Hong Kong .

B. Binding Arbitration. If you and Lakoo are unable to resolve a Dispute through informal negotiations, either you or Lakoo may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. Any dispute, difference or claim arising out of or in connection with this contract, shall be referred to and determined by arbitration in Hong Kong using the law of the Hong Kong Special Administrative Region as the governing law. The Domestic Arbitration Rules of Hong Kong permanent arbitral bodies shall apply to the arbitration proceedings. The place of arbitration shall be in Hong Kong. There shall be only one arbitrator. The language of the arbitration shall be English., The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Lakoo may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and Lakoo agree that any arbitration shall be limited to the Dispute between Lakoo and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

D. Exceptions to Informal Negotiations and Arbitration. You and Lakoo agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Lakoo’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

E. Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the Hong Kong, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

F. Severability. You and Lakoo agree that if any portion Section 24 is found illegal or unenforceable (except any portion of 24(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 24(d) is found to be illegal or unenforceable then neither you nor Lakoo will elect to arbitrate any Dispute falling within that portion of Section 24(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within Hong Kong, and you and Lakoo agree to submit to the personal jurisdiction of that court.

25. Miscellaneous.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Lakoo concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Lakoo. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE GAME AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.