Special Prohibition Notice

You hereby expressly agree and acknowledge that this Agreement serves as both a user agreement and a confidentiality agreement specifically designed for the closed beta testing phase of GAME. You fully recognize the heightened sensitivity and critical importance of maintaining the confidentiality of the game's content during this closed beta period.

Your participation in the testing is granted through a special authorization extended solely to you as an individual. Consequently, without obtaining our prior written consent, you are strictly prohibited from disclosing, in any manner or form, the game's visuals, programming, and source code to any third party.

By entering into this Agreement, you commit to upholding the confidential provisions outlined herein with the utmost duty of care. This includes, but is not limited to:

1. You are prohibited from sharing, whether directly or indirectly, any test accounts or devices that have accessed the game.
2. You must not record, screenshot, stream, or broadcast, in any form, any part or the entirety of the game's visuals to any device.
3. You are forbidden from sharing, through any means, any part or the entirety of the game client software with any third party.
4. You must not utilize any tools, software, or systems to analyze, decompress, compile, decompile, or otherwise manipulate any part or the entirety of the game client program's files and code.

Under these circumstances, you expressly agree and acknowledge that any of the aforementioned actions constitute an infringement upon YOOKU GAMES PTE. LTD's trade secrets. Due to the potential demonstrative effect of such actions, they will cause significant commercial damage to YOOKU GAMES PTE. LTD. In the event of such a violation, you consent to pay YOOKU GAMES PTE. LTD a sum of 10,000,000 USD as a form of punitive damages, in addition to compensation for any direct or indirect losses incurred by YOOKU GAMES PTE. LTD.

Terms and Conditions

PLEASE READ THIS GAME TESTING AGREEMENT ("GTA" OR "AGREEMENT") CAREFULLY. You agree that your use of the Game acknowledges that you have read this GTA, understand it, and agree to be bound by its terms and conditions, and that you represent and warrant that you are an adult and are either accepting this AGREEMENT on behalf of yourself or on behalf of your child or LEGAL GUARDIAN, as the case may be. If you have not attained the age of majority (which is 18 years old) in your country of residence, YOU MAY NOT PARTICIPATE IN THE GAME PROGRAM. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS GTA, DO NOT INSTALL OR USE THE GAME. You are responsible for any Internet connection fees that you incur when USING AND PARTICIPATING.

This AGREEMENT is a legally binding agreement between YOOKU GAMES PTE. LTD ("YOOKU", "we", "our", or "us") and you ("you" or "User"). This AGREEMENT together with the Privacy Policy which can be found on [] ("Privacy Policy"), as any of the foregoing may be amended from time to time, together with any posted rules or instructions regarding a particular activity, poll, or other offering (all such terms hereafter collectively "Terms"), govern your participation and use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the "Game") and any other products, online services or websites (individually and collectively "Services") currently offered or which will be offered by us or any of our subsidiaries and affiliates.

We reserve the right at any time and in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this GTA. we will inform you about such revisions by email and/or by a notice on our official page and/or during you log in and/or other notification methods. Unless indicated otherwise, such revisions affecting existing Services shall be effective at the earlier of your acceptance, or immediate after posting. If any future changes to this AGREEMENTare unacceptable to you or cause you to no longer be in agreement or compliance with this GTA, you may terminate this AGREEMENTin accordance with this GTA.

I. RULES OF CONDUCT

In order to participate in the Game Program, you must agree to the following provisions:

1. You represent and warrant that you are eighteen (18) years of age or older. You further represent and warrant that you are not a principal, employee, supplier, independent contractor, officer or director or of any entity that develops, manufactures or publishes video or computer games or that participates either directly or indirectly in the sale of in-game items, including but not limited to, in-game currency, armor, weapons, etc., whether these sales are to the general public or to a third-party. You represent and warrant that you are entering into this Agreement on a completely voluntary basis with no expectation of any form of compensation or remuneration whatsoever other than what is expressly provided for in this Agreement. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT PARTICIPATE IN THE GAME PROGRAM.
2. You acknowledge that the Game Program shall run from the time you install, copy, download, access or otherwise use the Game Materials, and shall end upon the expiration of the Game Program, unless otherwise extended or terminated unilaterally by YOOKU at YOOKU's sole discretion. Furthermore, YOOKU may, in its sole discretion for any reason and at any time during the Game Program terminate your participation therein without any form of compensation due to you whatsoever for this termination.
3. You acknowledge that in becoming part of the Game Program, that YOOKU is providing you free of charge the Game Materials (which constitutes the sole and sufficient consideration for this agreement) and that YOOKU has not made any other promises, whether express or implied regarding any other form of consideration for your participation in the Game Program.
4. YOOKU may, in its sole discretion, terminate the Game Program at any time.
5. You agree that your participation in the Game Program does not constitute an employment Agreement or offer of such an agreement, between you and YOOKU and that YOOKU does not ask and/or require you to work a certain number of hours, shifts, etc. as part of your participation in the program and that your participation in the program is strictly voluntary and done solely for your personal enjoyment; and, further that YOOKU expects you only to use your leisure time to participate in this program, and does not expect you to forego other activities, including gainful employment, during the time you spend participating in this voluntary program. You may stop being a volunteer tester of the Game at any time that you wish.
6. You agree that YOOKU is not providing you with any hardware to run YOOKU's software or connect to YOOKU's servers.
7. You agree that while the role you will play in helping YOOKU develop better software is helpful;, it does not constitute a critical or vital role in the development of the Game or Game Software such as to entitle you to any claims of ownership or rights to receive any other compensation of any kind for your participation.
8. You acknowledge and agree that all points acquired during the Game Program are non-refundable and have no monetary value.
9. You acknowledge and agree that all items acquired for points during the Game Program are non-tradable.
10. You acknowledge and agree that YOOKU reserves the right to add or remove points to your account at any time and without warning.
11. You acknowledge and agree that YOOKU reserves the right to change/add/remove points rewarded in the Game store at any time and without warning.
12. You acknowledge and agree that YOOKU reserves the right to change/add/remove items collected or updated, modify or remove any items in the Game at any time and without warning.
13. You acknowledge and agree that points acquired during the Game Program cannot be saved up for or used in the commercial version of the Game.
14. You acknowledge and agree that all points will be removed from your account before going into the next test phase (if applicable).
15. You acknowledge and agree that points acquired during the Game Program do not entitle you to any points during any other test stages (if applicable) or for the commercial release of the Game.
16. Vulgar expressions, coarse language, abusive behavior, verbal harassment will not be tolerated either towards YOOKU personnel or other game testers. The use of such language, whether or not you consider it in-character, is not acceptable, whether you use it in casual and public speech, 'private links', contacts or even in a character's name.

You agree to all of the terms of the Agreement set forth below

II. Limited Use License

Subject to all applicable laws, on the condition that you agree to and continuously comply with this Agreement, and any other separate agreements or policies (if any) between you and us, we hereby grant to you a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to use the Game and any Content therefrom for your individual, non-commercial, entertainment purposes only. The foregoing license is subject to the following: (1) you are current with your payment of all applicable fees for the use of the Game and our Services to which you have subscribed and (2) you comply with this AGREEMENTand the Privacy Policy, and you are not otherwise in breach of any Terms. The foregoing grant of license shall be automatically revoked as of the moment that any of the foregoing conditions are no longer met by you.

The Game may require or allow you to download software, software updates or patches, or other utilities and tools from us or our licensors (collectively, "Software"). In such cases, we grant to you a non-exclusive, limited license to use Software solely for the purpose stated by us at the time the Software is made available to you. You may not sub-license, or charge others to use or access Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble, or make derivative works from Software. You may not modify Software or use it in any way not expressly authorized in writing by us. You understand that our introduction of various technologies may not be consistent across all platforms and that the performance of Software and related Services may vary depending on your Devices and other equipment.

III. Intellectual Property

This Section shall survive termination of this GTA.

Services and all title, ownership rights, intellectual property rights, neighboring rights and other rights and interests in and to the Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Game, individually or in combination) are owned by us or our licensors and are protected by American, Singaporean and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Game or Service unless our terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Game in whole or in part. We reserve all rights in we owned and licensed Game and Services that are not expressly granted to you in this AGREEMENTor Terms. You acknowledge that we and/or third-party content providers remain the owners of all materials posted in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

Unauthorized use of the Game in whole or in part by copying, modifying or otherwise, may immediately result in the termination of this GTA, prohibition on use of Services, further legal action and so on. All content owners may take criminal or civil action against you for unauthorized use of intellectual property.

IV. Confidentiality

Confidential Information Defined. "Confidential Information" shall mean (a) any and all information relating to, contained in or relayed through the Game Software, the Game, and the Game Program, including, without limitation, information relating to: (i) the performance, capabilities and contents of the Game Materials, (ii) your Feedback, (iii) any other Game Program participant's Feedback, and (iv) any YOOKU employee's feedback and comments, (b) the existence and terms of this Agreement, and (c) any and all information relating to the future or proposed games, services or business operations of YOOKU. Without limiting the generality of the foregoing, please review Addendum B below for a list of examples of Confidential Information. You shall use best efforts to safeguard and to prevent unauthorized use or disclosure of the Confidential Information, unless otherwise expressly authorized in writing. Your obligation to keep the Game Materials confidential will continue until YOOKU publicly discloses to the public through no fault of yours (or any third party not affiliated with YOOKU or LucasArts) such Confidential Information.

Confidentiality Obligation. You shall keep the Confidential Information in confidence and shall not publish, disclose, distribute, transmit, post or otherwise make available, directly or indirectly, any Confidential Information to any third party except as otherwise expressly set forth herein. However, you may disclose the Confidential Information in accordance with a judicial or governmental order; provided, however, that: (a) you give YOOKU prompt written notice of such order so YOOKU has opportunity to seek a protective order or other appropriate remedy to such order, prior to disclosure and shall comply with any applicable protective order or equivalent, (b) you provide YOOKU with all reasonable assistance in opposing such required disclosure or seeking a protective order or confidential treatment for all or part of such Confidential Information, and (c) you disclose only such portion of the Confidential Information as is either permitted by YOOKU or required by the court, tribunal, governmental agency or other authority, subject to any protective order or confidential treatment obtained by YOOKU Permitted Disclosures.

V. Virtual Goods

The Game may sell the game service in the form of Virtual Goods (referred to in this agreement as "Virtual Goods") from time to time. Virtual Goods include but are not limited to virtual items (characters, accessories, items such as "character customization", power-ups), points, credits, tokens, and currency for use in the Game.

Virtual Goods are licensed to you, not sold. You do not have any real-world property rights to the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Goods. We may terminate your license at any time and at our sole discretion, except as otherwise required by applicable laws.

In the Game settings, Virtual Goods have no value in exchange for any real-world currency or property, and to maintain a fair environment in the Game, in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for "real money" or other goods or services, including other Virtual Goods, inside or outside the Game except as expressly permitted by this GTA, the Terms or otherwise permitted in the gameplay.

AFTER THE TESTING PERIOD, ALL YOUR VIRTUAL GAME PROPS AND GAME CURRENCY IN THE GAME WILL BE DELETED.

VI. Protection of Personal Data

All the information collected from you is subject to CCOPA, CCPA (if California Residents), and all applicable laws and we shall make our best efforts to protect your provided information. AFTER THE TESTING PERIOD, WE WILL DELETE ALL YOUR PERSONAL INFORMATION AND GAME DATA AND ENSURE THAT THEY WILL NOT BE SAVED.

VII. Disclaimers & Indemnification

This Section shall survive termination of this GTA.

A. Limitations on Warranty & Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME OR ANY OTHER SERVICE, SOFTWARE, CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK. THE GAME, SERVICES, SOFTWARE, CONTENT, OUR PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. WE PROVIDE THE GAME AND SERVICES ON A COMMERCIALLY AND TECHNOLOGICALLY REASONABLE BASIS AND We will do our best to continuously maintain and improve our services with the help of you and our partners, but WE CAN NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED immediately, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR LICENSORS IS TO STOP USING THE GAME AND ANY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT US, OUR LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY SERVICES OR USE OF SOFTWARE. IN NO CASE SHALL WE OR OUR LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO US FOR SERVICES. IN NO CASE SHALL WE OR AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF SERVICES, SOFTWARE, CONTENT, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR AND AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

B. Indemnification

Upon our request, you agree to defend, indemnify and hold harmless us and affiliates, licensors, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees that arise from your access or use of the Services, your violation of any applicable laws or third party's rights and interests, a breach of this GTA, or any other Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold us harmless for any improper or illegal use of the Game.

You are solely responsible for any damage caused to us, our licensors, providers and contractors, other users of the Game or any other individual or legal entity as a result of your violation of this GTA.

we reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to us in that matter.

C. Updates: Possible Setbacks and Loss of Data

IMPORTANT: WE MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE GAME AND SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL, AND YOU MAY LOSE ACCESS TO ANY VIRTUAL GOODS YOU MAY HAVE "EARNED" OR "PURCHASED". WE RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

D. Third-Party Features

As applicable, certain parts of the Game may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. As such, please review such additional terms and costs carefully.

VIII. Dispute Resolution

A. Equitable Remedies

You hereby acknowledge and agree that we would suffer irreparable harm if this AGREEMENTor any of the Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that we shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this AGREEMENTor any other Terms.

B. Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy or claim related to this AGREEMENTor any other Terms ("Dispute"), you agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. We will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to us via email to developer@yookugame.com

C. Formal Dispute Resolution

WE EACH AGREE TO RESOLVE ANY CLAIM, DISPUTE, OR CONTROVERSY (EXCLUDING ANY CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AS PROVIDED BELOW) ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THIS AGREEMENT BY ARBITRATION ADMINISTERED BY THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE ("SIAC") IN ACCORDANCE WITH ITS SIAC RULES FOR THE TIME BEING IN FORCE, WHICH RULES ARE DEEMED TO BE INCORPORATED BY REFERENCE IN THIS CLAUSE. THE SEAT OF THE ARBITRATION SHALL BE SINGAPORE. THE TRIBUNAL SHALL CONSIST OF THREE (3) ARBITRATORS. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH.

D. Remedies

You agree that this AGREEMENTis not intended to confer and do not confer any rights or remedies upon any person other than the parties to this GTA. You also understand and agree that the Privacy Policy, this AGREEMENTand any other Terms, including our enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.

E. Severability

If any part of this AGREEMENTor the Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of us, and the remaining portions shall remain in full force and effect.

F. Assignment.

we may assign this GTA, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this AGREEMENTwithout our prior written consent, and any unauthorized assignment by you shall be null and void. Notwithstanding the foregoing, we shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of our rights or obligations under this Agreement.

G. Waiver

The failure of us (or our licensors) to exercise or enforce any right or provision of this AGREEMENTor any Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us (or our licensors) of any provision, condition or requirement of this AGREEMENTor any Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

H. Force Majeure.

We shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of us, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond our 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.

I. Entire Agreement.

This GTA, the Privacy Policy, and any other Terms, including any posted rules or instructions regarding a particular activity, poll, or contest constitute the entire agreement between you and us relating to your rights and obligations in the use of the Game and the Services. If there is any conflict between this GTA, the Privacy Policy, and any other Terms, we shall resolve the conflict in our sole discretion.

For any questions concerning this GTA, you may contact us at the following address: developer@yookugame.com