TapTap Developer Agreement
Release date: December 29, 2021
Effective date: December 29, 2021
Welcome to TapTap Developer Center!
To use the service provided by TapTap Platform to Developers (“Service”), you shall read and comply with this TapTap Developer Agreement (“Agreement”).
Please carefully read and fully understand the terms and conditions of this Agreement, especially those on waiver or restriction of liabilities, and separate agreements and rules on provision or use of a certain service, which may be written in bold.
Unless you have read and accepted all the terms and conditions of this Agreement, relevant agreements and rules, etc., you have no right to use the Service. If you use the Service, it will be deemed that you have read and agreed to comply with such agreements and rules.
If you have breached this Agreement, TapTap has the right to restrict, suspend or terminate the Service provided to you at any time, and hold you accountable for relevant liabilities.
TapTap may update or amend the content, including but not limited to the terms and conditions, of this Agreement, the agreements and rules related to the Service from time to time. Any such update and/or amendment, once published, shall be integral to this Agreement, and you are expected to understand and comply with the same.
1. Accepting this Agreement
1.1 This Agreement is a legal instrument between you and TapTap on Game release, publicity and promotion. "TapTap" refers to TapTap Pte. Ltd. and its affiliates, which have the right to operate the TapTap Platform in the relevant area. You agree that once you have accepted this Agreement and registered a Developer Account, Games will be displayed on the TapTap Platform only in your name (not in the name of TapTap) for Users to download (on a paid or free-of-charge basis). You acknowledge and warrant that you have full civil capacity in your jurisdiction and accept this Agreement; you have the legal qualifications or have been approved by relevant authorities for using the Service, accessing and providing Games or related services; the qualifications or certificates and any other documents provided by you are true, correct and complete, and will be updated promptly if there is any change to such information; you have the capacity to perform the obligations and act under this Agreement; such performance and acts will not be in violation of any legal document that is binding upon you. Otherwise, you shall not use the Service provided by the TapTap Platform, and you shall bear all responsibilities and losses caused thereby to Users and TapTap. If you refuse to accept this Agreement, you shall stop using the Service.
1.2 You shall use the Service provided by the TapTap Platform with a Developer Account which cannot be changed, transferred, gifted or inherited. You shall keep in good custody and make proper use of the account, and be fully liable for the actions under the account.
1.3 If you agree to comply with this Agreement on behalf of your employer or other entity, it shall be deemed that you declare and warrant that you have obtained all legal authorization to subject your employer or such entity to this Agreement. If you have not obtained such authorization, you shall not accept this Agreement or use the TapTap Platform on behalf of your employer or such entity.
2.1 Brand Marking: a Game name, trademark, logo, domain name or other distinctive brand feature independently owned (or whose legal authorization is obtained) by either party hereto.
2.2 Developer or you: any individual, legal person or organization that has successfully registered with the TapTap Platform and has obtained a Developer Account according to this Agreement.
2.3 Developer Account: an account obtained by the Developer through registration and assigned to the Developer by the TapTap Platform, which allows the Developer to release a Game on and use other Services provided by the TapTap Platform.
2.4 Dashboard: a backend tool used by the Developer with a Developer Account to manage Games and view data by logging in to “Developer Center” on the TapTap Platform via a console or/and other online tool or Service provided by the TapTap Platform.
2.5 Games or Products: products developed by the Developer or for which the Developer has been licensed by the owner, and provided through the TapTap Platform to Users for downloading, pre-registering or testing, etc., including without limitation certain mobile Games and Game-related texts, music, pictures, videos, and entertainment applications.
2.6 Localized Versions: Any versions of the Games created for specific languages or jurisdictions.
2.7 Platform Operation Data: data generated during use of the Service or on the TapTap Platform, including but not limited to the information provided by Users and/or Developers, the data arising from their operation, and all types of transaction data. The ownership of and other rights in or to the platform operation data shall belong to the TapTap Platform and are the trade secrets of the TapTap Platform, except the rights owned by Users or enjoyed by Developers in accordance with the law.
2.8 TapTap Platform: TapTap (with domain name including but not limited to taptap.io) website and client in various forms (including new service forms developed with new technology in the future) used to serve you.
2.9 Users: all players who directly or indirectly use the Games released or updated by you on the TapTap Platform.
3.1 TapTap is a platform open to the public on which Developers can publish their Games. To publish a Game on the TapTap Platform, you must obtain and maintain a valid Developer Account.
3.2 If your Games are provided for Users to download on a paid basis, or as required by the TapTap Platform, you shall execute a separate agreement with TapTap to cover Game release.
4. Both You and TapTap Agree and Understand:
4.1 The TapTap Platform is a neutral service provider which only provides Game-related services to Developers, including neutral network service or technical support, e.g. uploading and storage, Game release, pre-registering, testing, and transfer to links, so that Developers can release and promote their Games independently on the platform.
4.2 With regard to the Developer’s Games, the Developer shall develop and/or operate them independently, have a legal license and assume all responsibilities for such Games. TapTap will not participate in development and/or operation of any Developer's Games or other activities, nor modify or edit such Games.
4.3 Any dispute or liability arising from your Games and services and any consequence caused by your violation of laws, rules or regulations or breach of this Agreement shall be settled, handled or borne by you only. In case of infringement upon TapTap’s or any third party's rights and interests, the Developer shall assume full liability and compensate TapTap for all losses arising therefrom.
5. Pricing and Maintenance
5.1 You have the right to decide the price of your Games on the TapTap Platform by yourself or through negotiation with TapTap, or allow Users to download Games for free; the TapTap Platform will display the Games in your name at the price set by you or as agreed upon.
5.2 You shall provide support for your Games. If there are any defects or performance problems in the Games downloaded and installed from the TapTap Platform, Users will contact you accordingly. You must be solely responsible for your Games. TapTap will not provide any support or maintenance service for your Games, nor settle all complaints related to your Games. A lack of appropriate information or support provided for your Games may result in low ratings, poor exposure, decreased sales, settlement disputes, etc., and TapTap has the right to remove such Games from the platform.
5.3 You may authorize Users to reinstall each Game downloaded via the TapTap Platform multiple times, unless the Game is removed by you or TapTap.
6. Your Use of the TapTap Platform
6.1 You agree to submit the Games to TapTap for release no later than the first commercial release of each Game or Localized Version, or, if already commercially released before the Effective Date, within thirty (30) days of the Effective Date. Thereafter, you shall submit to TapTap any Localized Versions and updated versions (in beta and final form) when available, but in no event later than they are provided to any other third party for commercial release.
6.2 Except for the licensing rights granted under this Agreement or a separate agreement entered into between you and TapTap, TapTap will not obtain the rights, ownership or interests of Games from you (or your licensor), including the current intellectual property rights in or to such Games.
6.3 You agree to use the TapTap Platform only when permitted by this Agreement and any applicable laws or regulations or generally accepted practices or guidelines in the relevant jurisdiction.
6.5 You agree that you will not engage in or participate in any interference, interruption, destruction or unauthorized access to any third-party equipment, server, network or other property or service when using the TapTap Platform or the Service. This provision also applies to Game development or release. You shall not use any User information obtained from the TapTap Platform to sell or release Games outside of the TapTap Platform, nor provide data obtained from the TapTap Platform in any form to another party, nor sell or transfer customer information. Without the prior written consent of TapTap, you shall not use the relevant data for purposes other than stipulated in this Agreement.
6.6 You agree that you are solely responsible for the consequences of any Games you release on the TapTap Platform and that use any API or TapSDK; TapTap will not bear any responsibility to you or any third party. These consequences include, but are not limited to, responsibilities, consumer protection and/or intellectual property responsibilities related to your Games.
6.7 You agree to take full responsibility for all violations of the obligations as set forth in this Agreement, any applicable third-party contract or service provisions, or any applicable laws or regulations, and the consequences thereof (TapTap shall be held irresponsible to you or any third party). If the Games you release on the TapTap Platform have defects in rights or infringes upon the legal rights of a third party (including without limitation patent rights, trademark rights, copyrights and adjacent copyrights, portrait rights, personal information rights, privacy rights, and reputation rights), which subject the TapTap Platform and its affiliates or the third parties that cooperate with the TapTap Platform (“indemnified parties”) to any claim or suit, or cause the indemnified parties to suffer any loss of reputation or property, you shall take all possible measures to indemnify and hold harmless the indemnified parties against such claims and suits. At the same time, you shall be fully liable for the direct and indirect financial losses borne by the indemnified parties.
6.8 You agree to classify your Games according to the local laws and regulations, or relevant policies and industry standards. All legal consequences and losses caused by the improper classification you declare shall be borne by you, and you shall compensate TapTap for all resulting losses.
6.9 Users may rate and review Games on the TapTap Platform. You agree that you shall not artificially manipulate the user evaluation system for Games. TapTap has the right to determine or change the position of Games displayed on the TapTap Platform at its own discretion, and to display Games and their ratings and reviews to Users in a manner determined by TapTap.
6.10 You are responsible for uploading your Games to the TapTap Platform, providing Users with the necessary information and support, and accurately disclosing the necessary security permissions to ensure the normal operation of your Games on Users’ devices. If your Games are not uploaded normally, they will not be released on the TapTap Platform. Your Games shall meet TapTap's requirements in technology and security to ensure their safety and stable operation on the TapTap Platform. At the same time, in order to provide Users with high-quality Products and services, you shall continuously update your Games after they are launched and in operation (including without limitation downloading, test, and trial), and ensure that the Game version on the TapTap Platform is the latest version available via various public channels. That means the Game version you provide to the TapTap Platform shall not be lower than that on any other Android Game platform or channel regardless of whether the Game version on other platforms or channels is provided by you or a third party with your authorization.
6.11 You shall provide relevant holders with an effective complaint channel to ensure that they can claim rights against you when they believe that you have infringed upon their legal rights and interests.
6.12 You shall not bypass, attempt to bypass, or claim to be able to bypass any content protection systems or data analysis tools provided by TapTap, or intentionally mislead Users into making them believe that they are directly interacting with TapTap.
6.13 In order to provide you with more comprehensive and high-quality services, TapTap or its partners ("providers of individual services") may also provide you with other individual services, including without limitation advertising and TapSDK (or API) service. You have the right to decide by yourself whether or not to use such individual services as appropriate.
6.14 For the purpose of this article, individual services may be subject to a separate agreement and/or rules, etc., or their functions, rules and requirements may be provided to you in the form of announcement or reminder, etc. If you use an individual service, you shall follow the requirements to open the service, and observe the said agreement, rules, announcement and/or reminder, etc.
6.15 By accessing or using an individual service in any form, you have understood and agreed to comply with the agreement, rules, announcement and/or reminder, etc.
6.16 You understand and agree that the provider of individual services has the right to operate independently and take the following measures without your consent or giving prior notice:
- Amend the relevant agreement and rules of individual services, including without limitation using conditions, methods, and charges;
- Change the specific content of an individual service, suspend or terminate an individual service.
If you do not accept the said change or amendment, you shall stop using the relevant service. Otherwise, if you continue to use such service, it shall be deemed that you have agreed and accepted such change or amendment.
6.17 The Games that you publish on the TapTap Platform or for which you use the Services shall be in compliance with the TapTap policies, all applicable laws and other obligations worldwide. You shall declare and guarantee that the Games you release shall not contain the following content or behavior:
- Content in violation of local laws and regulations;
- Content that is harmful to children, such as pornographic content related to minors, excessive violence and blood, and content that depicts or encourages harmful and dangerous activities;
- Spreading obscenity, pornography, gambling, violence, murder, terror or abetment;
- Content that violates public order and good customs and impairs public interest;
- Content that insults or slanders others or infringes upon the lawful rights and interests of others;
- Violent intimidation, threat or fraud against others, or conducting human flesh searches;
- Spreading commercial advertisements, or similar commercial solicitation information, excessive marketing information, and spam;
- Infringing upon the legal rights of a third party’s privacy, reputation, portrait, intellectual property, etc.;
- Other content or behaviors that TapTap rejects or deems inappropriate, or are prohibited by applicable laws worldwide.
If you have violated this article, TapTap has the right to issue a warning, impose penalties (fines), restrict/suspend Service, remove Games, close the application portal, or terminate Service, etc. You shall compensate for all losses caused to Users and/or TapTap or any partners and/or affiliates of TapTap due to any violation of any of the above provisions.
7. Grant of License
7.1 You grant TapTap a worldwide, non-exclusive license to release Games (official or beta versions) you have uploaded to this platform, provide Users with Game downloading, pre-registering, test services, and/or release Games in the manner as set forth in this Agreement or a separate agreement executed by both parties.
7.2 For purposes of clarity, unless otherwise agreed upon in writing by you and TapTap, by providing Users with Game pre-registering or testing on the TapTap Platform, you agree to grant TapTap a non-exclusive license, including without limitation allowing TapTap to release the said Game including any subsequent version, providing Users with pre-registering, testing and downloading services for the Game, as well as the non-exclusive license as set forth in Article 7 of this Agreement, and agree to comply with the provisions hereof on relevant rights and obligations during the licensing period, regardless of whether or not you have granted or will grant an exclusive license to a third party other than TapTap to release the Game worldwide or in the designated region during or after pre-registering or testing of the Game provided on the TapTap Platform.
7.3 You grant TapTap a worldwide, non-exclusive license to copy, operate, display, analyze and use Games in the events related to: (a) operation and marketing of the TapTap Platform; (b) public presentation to introduce, promote, and advertise Games; (c) data sharing within the TapTap Platform; (d) improvement of TapTap services, and (e) verifying compliance with this Agreement and other related platform policies.
7.4 You shall declare and guarantee that you own all intellectual property rights contained in and related to the Games, including all necessary patents, trademarks, trade secrets, copyrights and other proprietary rights. If you use the content provided by a third party, you shall declare and guarantee that you have the right to release such content in the Games and have had authorization from the third party. You agree that you will not submit to the TapTap Platform any content subject to copyright, trade secret or third-party proprietary rights (including patents, privacy rights and publicity rights), unless you are the owner of such rights, or the legal owner of such rights allows you to submit the content.
7.5 You agree and warrant that after the TapTap Platform allows Game pre-registering, testing, trial play or downloading, you shall continue to update and provide downloading service in order to ensure the interests of Users and user experience. If you fail to provide continuous updating and downloads, it shall be deemed that you authorize TapTap to update on its own, including the right to automatically update the TapTap Platform based on the version you have released in other channels. This provision shall prevail over any agreement executed between you and other channels, and all losses arising therefrom shall be borne by you, and you shall compensate TapTap for all losses incurred.
8. Intellectual Property Rights
8.1 Each party has all its rights, ownership and interests, including but not limited to all intellectual property rights in or to its Brand Marking. Except for the limited scope expressly set forth in this Agreement, neither party shall grant any rights, ownership or interests (including without limitation any implied license) contained in or related to any Brand Marking to the other party; nor shall the other party acquire such rights, ownership or interests. According to this Agreement, the Developer grants TapTap and its affiliates a non-exclusive, limited license during the term of this Agreement to release Games on the TapTap Platform or fulfill their obligations under this Agreement and display the Developer’s Brand Marking submitted by the Developer to the TapTap Platform online or on mobile devices. Nothing in this Agreement grants the Developer the right to use any trade name, trademark, service mark, logo, domain name or other unique Brand Marking of the TapTap Platform.
8.2 The Developer agrees that in order to help TapTap fully display Games, TapTap and its affiliates or a third party in cooperation with the TapTap Platform may also use the Developer’s Brand Marking submitted by the Developer to the TapTap Platform for: (a) any online or mobile Game/service owned by the TapTap Platform; (b) network, mobile, TV, outdoor (e.g. billboards) and printed advertisements other than the TapTap Platform (when the Games are mentioned together with the TapTap Platform or other Games on the platform) ; (c) Game release announcement; (d) presentation; and (e) customer list displayed online or on mobile devices (including but not limited to the customer list published on the TapTap Platform).
8.3 In order to promote Games, you authorize Users to release pictures or videos containing your Game’s content on the TapTap Platform. The content authorized to be released by Users shall not be in violation of local laws and regulations and the specifications of the TapTap Platform. You have the right to handle Users’ violations by yourself or make a complaint by methods defined by the TapTap Platform.
9. Game Removal
9.1 Game removal by the Developer. Unless otherwise agreed upon in writing between you and TapTap, you may apply to terminate release of Games to Users on the TapTap Platform (“removal”) if: (a) you decide to terminate operation of the Games; and (b) you have removed the Games from all other Android platforms or channels, or ensure that the Games are not removed from such other platforms or channels later than from the TapTap Platform. You shall notify the TapTap Platform of your decision in writing 90 days earlier, stating the reason for removal, the plan for or the status of such Games on other platforms or channels, and the date such Games are to be removed from the TapTap Platform. The Games can be removed after confirmation by TapTap and fulfillment of the relevant procedures.
Regardless of the reason, if you need to terminate your Games, you shall post an announcement of termination to Users on the Game-related page at least 60 days in advance according to the relevant regulations, and close the payment portal. The announcement shall be posted until the day of such termination.
The removal of the Game: (a) will not affect the license of Users who have purchased or downloaded the Games; (b) will not result in any removal of such Games from the devices of Users who have acquired the Games; and (c) will not change your obligations of distribution or support to Users who have purchased or downloaded Games or services.
9.2 Game removal by TapTap Platform. Although TapTap is not obliged to monitor the content of Games, if via your notifications, third-party complaints, User complaints, institutional supervision or other means, TapTap learns that your Games, including any part of them, or your Brand Marking: (a) infringe upon the intellectual property rights or any other rights of a third party; (b) are in violation of any applicable law or prohibition order; (c) are released improperly by you; (d) may subject TapTap or its authorized operators to legal liabilities; (e) are deemed by TapTap to carry a virus, or as malware or spyware, or to have adverse effects on TapTap or its authorized operators’ network; (f) are in violation of this Agreement or other agreements, terms or rules intended for the Developer; or (g) are displayed with effects on the integrity of the TapTap Platform server (that is to say Users cannot access the TapTap Platform, the Games, or encounter other difficulties in accessing the foregoing content), then TapTap may decide at its own discretion to remove the Game from the TapTap Platform, or re-classify and re-rate the Games.
If you have violated any agreement reached with, or any rule disclosed by, the TapTap Platform, TapTap may restrict, suspend or terminate any Service provided to you, including removal of your Games, according to relevant agreements and rules. TapTap reserves the right to restrict, suspend and/or prohibit any Developer from using any Service of the TapTap Platform at its sole discretion. If your Games contain elements that may seriously damage Users’ devices or data, TapTap may disable the Games or remove the related Game package or disconnect the related link at its sole discretion.
If your Game is removed from TapTap Platform due to above reasons and a User purchased such Game within a year (or a longer period as local consumer law mandates) before the date of removal, you agree to refund to the User all amounts paid by such User for such Game.
9.3 You hereby confirm and agree that Game reviews, ratings and posts are regarded as User Data, and the rights therein or thereto shall belong to Users or/and the TapTap Platform. If any third party uses User Data by reprinting or copying them without authorization, TapTap has the right to maintain the rights in its own name, including without limitation by sending a notice, filing a lawsuit and issuing an administrative complaint. In order to protect the rights and interests of related Users, TapTap has the right to retain the pages related to the removed Games, including all Product information, User reviews, Game ratings, news and forum content after removal, except that it will no longer provide service related to Game downloads.
10. Developer Account
You agree to maintain your Developer Account registered on the TapTap Platform and assume all responsibilities for all Games uploaded or released using your account. If you choose to use the SDK or other service provided by TapTap, you shall comply with the local laws and regulations and the rules of the TapTap Platform.
11. TapSDK (or API) Service
11.1 If you choose to use the TapSDK (or API) service, you shall ensure (and urge your Users to ensure) that your (and your Users’) use of this service does not violate local laws and regulations, nor infringe upon any third-party rights and interests; any consequence or loss arising therefrom shall be borne by you (and your Users).
11.2 You understand and agree (and shall urge your Users to understand and agree) that when you (and your Users) use the service, unless permitted by local laws and regulations and with TapTap's prior written approval, you (and your Users) shall not, nor agree, authorize or instruct any third party to engage in activities including but not limited to the following:
- Delete any copyright notice, trademark notice or other ownership notice contained in the service, including without limitation any behavior that damages all related intellectual property rights of TapTap;
- Submit to any third party any content that mis-states or mis-implies that the service provided to you is owned, sponsored or endorsed by TapTap;
- Publicize or provide explanatory information about illegal behavior, promote personal injury to any group or individual, or spread any virus, worm, defect, Trojan horse or other destructive content, etc.;
- Reverse-engineer, edit or attempt to extract source code from the service or any part of the content related to the service, or obtain original data and other data, etc.;
- Copy, change and modify the service or any data or related interactive data released during the operation of the service, including without limitation by using plug-ins, add-ons, or unauthorized third-party tools or services to access the service or related systems;
- Create any website or application to reproduce or copy this service or the TapTap Platform.
11.3 TapTap imposes certain limits on the number of service requests and concurrent requests you initiate each day. After the upper limit is reached, we may temporarily suspend our services to you (or your Users). As agreed upon, you (and your Users) shall mark the words "TapTap" or "Powered by TapTap" in the application correctly, completely and conspicuously.
11.4 You (and your Users) shall make your own judgment on the content of the service, decide whether or not to use it, and bear all risks arising from the use of this service and its related content, including those arising from reliance on the authenticity, completeness, accuracy, timeliness and practicality of the service and its content. TapTap does not provide any warranty for that, nor bear responsibility to you (or your Users) for any consequence or loss caused by such risks.
11.5 You agree (and shall have your Users’ prior consent) to grant TapTap free, permanent, irrevocable, non-exclusive and non-transferable rights and license to use your (and your Users’) logos or actions to promote your (and your Users’) use of this service during the term of this Agreement.
11.6 If your application or service needs to collect any data from your Users, you must have prior consent from your Users, and collect the data only necessary for the operation of the application and realization of its functions. At the same time, you shall inform your Users about the purpose and scope of your collection of data and how you use such data to keep your Users informed.
12.1 In order to continuously innovate and improve the TapTap Platform, TapTap may collect certain usage statistics data through the TapTap Platform, including without limitation the information on how to use the platform.
13. Termination of this Agreement
13.1 This Agreement will remain in effect unless you or TapTap terminates this Agreement according to the following provisions.
13.2 If you wish to remove Games and terminate this Agreement pursuant to Article 9.1, you shall notify TapTap in advance in writing notice, and this Agreement can be terminated only with TapTap's consent. Before any termination of this Agreement, you shall not remove any Game from the platform; otherwise you will be liable for breach of contract.
13.3 Under any of the following circumstances, TapTap has the right to terminate this Agreement with a written notice:
- You have breached this Agreement or a separate agreement executed with the TapTap Platform;
- The other conditions for Game removal, Service suspension or termination as set forth in this Agreement have occurred or been reached;
- The Service under this Agreement is terminated according to laws, regulations, judgments, arbitrations or as required by the government;
- Due to force majeure, you cannot continue to use the Service or the TapTap Platform cannot provide the Service;
- You no longer have the right to use Service provided by the TapTap Platform;
- TapTap decides to no longer provide Service for the platform.
13.4 If this Agreement or the Service is terminated for any reason, TapTap may choose at its own discretion to retain or delete all data in your account or saved in the server of the TapTap Platform when you use the Service, including any data that you have not completed before the termination of the Service.
13.5 If this Agreement or the Service is suspended/terminated for any reason, you shall handle issues related to data backup and with your Users, and you shall be responsible for compensating for losses caused to the TapTap Platform as a result.
14.1 You understand and agree that the TapTap Platform provides the Service on an "as-is" and "available" basis. TapTap does not provide any warranty to you, so you agree to solely bear the risks of using the TapTap Platform. TapTap will do its best to provide you with Services that are consistent and secure; however, TapTap cannot warrant that any Service it provides is free of defect to any degree or extent, nor foresee and prevent all legal, technical and other risks at any time, including without limitation *force majeure*, viruses, Trojan horses, hacking, system instability, third-party service defects, government actions, etc. and service interruption, data loss and other losses and risks that may be caused by such reasons. Therefore, you agree that even if the Services provided by the TapTap Platform are defective, such defects are unavoidable by the current technology in the industry, so they will not be regarded as a breach of contract on the part of TapTap. At the same time, if you lose data or information due to such defects, you agree not to hold TapTap responsible.
14.2 You shall bear all responsibilities and risks arising from your use of the TapTap Platform, the Service and any content acquired by Users via downloading or other channels through your above-mentioned behavior; you shall bear all responsibility for damages or data losses to your or your Users’ computer system or other equipment caused by such use.
14.3 TapTap further represents that the TapTap Platform does not provide any express or implied warranty or conditions, including without limitation implied warranties and conditions of merchantability, suitability for specific purposes, and non-infringement upon the rights of others.
14.4 In view of the particularity of network service, TapTap has the right to, without notice, change, suspend or terminate part or all Service at any time based on the overall performance of the TapTap Platform or related specifications and rules. If any loss is caused to you for that reason, you agree not to hold TapTap responsible for such losses.
14.5 To provide you with a more comprehensive Service, TapTap has the right to overhaul, maintain or upgrade the platform or related equipment that provides the Service on a regular or irregular basis, which may cause related Services to be interrupted or suspended within a reasonable period of time. If any loss is caused to you for that reason, you agree not to hold TapTap responsible for such losses.
14.6 The Service may be interrupted by *force majeure* or other risks during use of such Service. For the purpose of this Agreement, “*force majeure*” refers to an event that cannot be foreseen, overcome or avoided and has significant impact on one party or both parties hereto, including without limitation natural disasters, e.g. floods, earthquakes, epidemics and storms, and social incidents, e.g. war, riot, government action, etc. When such an event happens, TapTap will try its best to cooperate with the relevant organizations promptly in order to make repairs immediately. If any loss is caused to you for that reason, you agree not to hold TapTap responsible.
15. Limitation of Liability
You understand and agree that TapTap, its affiliates and its licensor will not be liable for any direct, indirect, incidental, special, derivative or punitive excessive damages caused by your behavior as mentioned above (including any loss of data), whether or not based on any relevant liability theory, and whether or not TapTap or its representatives have been notified or shall be aware of the possibility of such damages.
16.1 To the maximum extent permitted by law, you agree to indemnify and hold harmless TapTap, its affiliates and their respective directors, officers, employees, agents and authorized operators against any third-party claim, legal action, legal proceeding and litigation process, as well as all losses, claims, damages, expenses and expenditures (including reasonable attorney fees) in the event that (a) your use of the Service is in violation of this Agreement, or (b) your Games infringe upon any third party's any copyright, trademark, trade secret, trade dress, patent or other intellectual property rights, or defame any third party, or infringe upon any third party's rights of publicity or privacy.
16.2 To the maximum extent permitted by law, you agree to indemnify and hold harmless the payment processor, its affiliates and their respective directors, officers, employees and agents against any third-party claim, legal action, lawsuit/arbitration and lawsuit/arbitration process, as well as all losses, claims, damages, expenses and expenditures (including reasonable attorney fees) due to taxes arising from or in connection with the Service or Games released on the TapTap Platform.
16.3 If your operation is banned by the local government due to violation of local laws and regulations, or the local regulatory authority investigates and prosecutes your illegal operations, you shall solely bear responsibility for all losses arising therefrom. If it has adverse effects on the TapTap Platform, you shall bear all losses caused to TapTap and restore its reputation. In such case, TapTap has the right to terminate this Agreement at its own discretion. If you have violated laws, or the Games you provide contain illegal information, or may infringe upon a third party's legal rights, regardless of whether or not adverse consequences have arisen, TapTap has the right to require you to replace or modify the content immediately, or terminate this Agreement, and request that you compensate for losses, if any.
17. Changes to Agreement
TapTap may amend or update this Agreement at any time. TapTap will post a notice on this page and/or the Dashboard explaining the change to this Agreement. Please check this Agreement regularly. Such change will not be retrospective. The change will come into effect and be deemed accepted by you: (a) for Developers who register as a Developer after the change, it will come into effect immediately; or (b) for existing Developers before the change, the change will come into effect as of the date set forth in the notice, or come into effect immediately if required by the local laws. If you object to the amendment to this Agreement, you may notify TapTap in writing and both parties may negotiate how to settle the dispute. You shall stop using the Service provided by the TapTap Platform during the period from the day you send a notice of dispute to TapTap until both parties reach an agreement or you decide to accept this Agreement. You agree that by continuing to use the TapTap Platform, including the related Service provided by the platform, you accept the amendment to this Agreement.
18.1 This Agreement shall constitute a full legal instrument between you and TapTap, and your use of the TapTap Platform will be governed by this Agreement. TapTap reserves the right to amend the terms and conditions of this Agreement and the platform policy at its sole discretion at any time. Matters not covered in this Agreement shall be subject to a separate agreement, if any, entered into by both parties.
18.2 You agree that even if the TapTap Platform does not exercise or enforce any legal rights or remedies under this Agreement (or enjoyed by TapTap under any applicable law), it shall not be deemed that TapTap has waived such rights, and TapTap is still entitled to such rights or remedies.
18.3 You agree that any software, service, hardware, material and file disclosed by TapTap to you as a Developer shall be TapTap’s confidential information. Unless with written consent from TapTap, you shall not disclose TapTap’s confidential information to any third party. The said confidentiality obligations shall survive any termination of this Agreement.
18.4 If any court with jurisdiction over such matters holds that any provision of this Agreement is invalid, TapTap will delete the provision from this Agreement without affecting the remaining provisions of this Agreement. The remainder of this Agreement shall remain valid and enforceable as well.
18.5 Use of the Service or Games on the TapTap Platform may be restricted by the laws and regulations of the region where the Service is used. You shall comply with all relevant laws, regulations or policies applicable to the jurisdiction where your Games are released or used. These laws, regulations or policies include restrictions on the location of Service use, Users, and the end purpose.
18.6 You or TapTap shall not assign or transfer the rights granted in this Agreement without the prior written consent of the other party. You or TapTap shall not assign or transfer the obligations under this Agreement to any third party without the prior written consent of the other party. Any other attempt to assign or transfer such rights or obligations shall be invalid.
18.7 All complaints arising from or in connection with this Agreement or the relationship between you and TapTap under this Agreement shall be governed by Singapore law. Furthermore, any dispute related to this Agreement shall be settled by both parties through friendly negotiation. If such negotiation fails, both parties agree to refer to and finally resolve the dispute by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“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 language of arbitration shall be English. Nevertheless, you agree that TapTap has the right to apply for injunctive relief from a court within any jurisdiction.
18.8 TapTap may send you agreements, rules, notices, and reminders with respect to the Service in the form of web announcement, web reminder, email, message or in-site letter, or by express or post, etc., which shall be deemed delivered once released or sent in any manner above and binding upon you.
18.9 The terms and provisions with respect to confidentiality and dispute settlement shall survive any expiration or termination of this Agreement. [End]