Terms of Service

Last Updated: October 2023

1. Acceptance of Terms

By accessing or using the applications, games, and services provided by Beijing Wanda Star Technology Co., Ltd. ("WD STAR"), you agree to be bound by these Terms of Service. If you do not agree, please do not use our services.

1.1 Scope of Agreement

These Terms apply to all WD STAR mobile applications, games, websites, and related services (collectively, "Services").

1.2 Modifications to Terms

We reserve the right to modify these Terms at any time. Continued use of our Services after posting changes constitutes acceptance of the modified Terms.

2. Account Registration & Security

Certain services may require account registration. You are responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account.

  • You must provide accurate and complete information during registration.
  • You are solely responsible for any unauthorized access resulting from failure to maintain account security.
  • We reserve the right to suspend or terminate accounts that violate these terms.
  • You must be at least 13 years old (or the minimum age required by applicable law) to register an account.

2.1 Account Termination

You may terminate your account at any time by contacting us. We may terminate your account immediately for violations of these Terms.

3. User Conduct

You agree to use our services only for lawful purposes. Prohibited activities include but are not limited to:

  • Attempting to hack or disrupt our services.
  • Using cheats, automation software (bots), or any unauthorized third-party software.
  • Reverse engineering or attempting to extract source code from our mobile applications.
  • Harassing, threatening, or defaming other users or our staff.
  • Uploading or transmitting malicious code, viruses, or harmful content.
  • Violating any applicable laws, regulations, or third-party rights.
  • Impersonating any person or entity, including WD STAR employees or representatives.
  • Interfering with or disrupting the operation of our Services or servers.
  • Collecting or harvesting any personally identifiable information from our Services.

3.1 Enforcement

We reserve the right to monitor user conduct and take appropriate action, including account suspension or termination, without notice.

4. Intellectual Property

All content, including games, software, graphics, and logos, are the property of WD STAR or its licensors and are protected by international copyright and trademark laws.

  • You are granted a limited, non-exclusive, non-transferable license to use our services for personal, non-commercial purposes.
  • You may not copy, modify, distribute, sell, or create derivative works without our express written permission.
  • All rights not expressly granted herein are reserved by WD STAR.
  • Any feedback, suggestions, or ideas you provide regarding our Services become our exclusive property.

4.1 User Content

If our Services allow you to submit content, you retain ownership but grant us a worldwide, royalty-free license to use, reproduce, and display such content.

4.2 Copyright Infringement

We respect intellectual property rights and respond to notices of alleged infringement pursuant to applicable law. Please contact our designated agent for copyright complaints.

5. In-App Purchases & Subscriptions

Our services may include virtual items or subscriptions. All purchases are final and non-refundable except as required by law or the policies of the respective app stores (Google Play Store and Apple App Store). WD STAR reserves the right to manage and regulate virtual items at its sole discretion.

  • Subscription fees will be charged to your payment method on a recurring basis until cancelled.
  • You can cancel subscriptions through your app store account settings.
  • Virtual items have no cash value and cannot be transferred or sold outside our platforms.
  • We may modify pricing or discontinue virtual items with reasonable notice.
  • Taxes, if applicable, will be added to purchase prices.

5.1 Payment Processing

All payments are processed through Apple App Store or Google Play Store. We do not collect or store your payment information directly.

5.2 Refund Policy

Refund requests must be submitted through the respective app store within their specified timeframes. We comply with all applicable consumer protection laws.

6. Data Collection & Usage

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By agreeing to these terms, you also consent to our data practices as outlined in the Privacy Policy.

6.1 Analytics and Advertising

We use third-party analytics and advertising services that may collect information about your usage patterns and device information.

7. Service Modifications & Termination

We reserve the right to modify, suspend, or discontinue any part of our services at any time without notice or liability.

  • We may terminate your access to our services immediately if you breach these terms.
  • Upon termination, all licenses granted to you will automatically cease.
  • Certain provisions of these terms will survive termination, including intellectual property, disclaimer of warranties, and limitation of liability.
  • We are not liable for any loss or damage resulting from service modifications or termination.

7.1 Force Majeure

We are not liable for failures or delays caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, or government actions.

8. Third-Party Services

Our Services may integrate or link to third-party services, applications, or websites.

  • We do not endorse or assume responsibility for third-party content or practices.
  • Your interactions with third parties are solely between you and such third parties.
  • We recommend reviewing third-party terms and privacy policies before use.

9. Disclaimer of Warranties

WD STAR provides services "as is" and "as available" without any warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

  • We do not guarantee uninterrupted, error-free, or secure operation of our services.
  • We are not responsible for any delays, failures, or inaccuracies in our services.
  • You use our services at your own risk.
  • We make no warranty regarding the accuracy, completeness, or reliability of any content.

9.1 Beta Services

Beta, test, or preview versions of our Services are provided "as is" without any warranties and may contain bugs or incomplete features.

10. Limitation of Liability

WD STAR shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.

  • Our total liability to you for any claims arising from these terms shall not exceed the amount you paid to us in the past 12 months.
  • Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.
  • We are not liable for any unauthorized access to or use of your data.

11. Indemnification

You agree to indemnify and hold harmless WD STAR, its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit or transmit through our Services

12. Governing Law & Dispute Resolution

These terms are governed by the laws of the People's Republic of China, without regard to its conflict of law principles.

  • Any disputes shall be resolved through good faith negotiations first.
  • If negotiations fail, disputes shall be submitted to the competent courts in Beijing, China.
  • You waive any right to participate in class actions or representative proceedings.
  • Any claim must be filed within one year of the incident giving rise to the claim.

12.1 Arbitration

For international users, we may offer binding arbitration as an alternative dispute resolution mechanism upon mutual agreement.

13. General Provisions

These terms constitute the entire agreement between you and WD STAR regarding your use of our services.

  • Our failure to enforce any right or provision does not constitute a waiver of such right or provision.
  • If any provision is held invalid, the remaining provisions remain in full force and effect.
  • We may assign these terms to any affiliate or successor without your consent.
  • You may not assign these terms without our prior written consent.

13.1 Notices

All notices to us must be sent to legal@bjwdx.com. We may provide notices to you via email, in-app notifications, or posting on our website.

13.2 Translation

In case of discrepancies between translations of these Terms, the English version shall prevail.

14. Export Compliance

You agree to comply with all applicable export control laws and regulations. You may not use our Services if you are located in a country subject to U.S. or Chinese trade embargoes.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Intellectual Property Detailed Protection

Our intellectual property rights are protected under international treaties and conventions.

17.1 Copyright Protection

All content, including but not limited to software code, graphics, audio, video, text, and user interfaces, is protected by copyright laws and international treaties including:

  • Berne Convention for the Protection of Literary and Artistic Works
  • World Intellectual Property Organization (WIPO) Copyright Treaty
  • Digital Millennium Copyright Act (DMCA)

17.2 Trademark Protection

Our trademarks, service marks, and logos are registered and protected under applicable trademark laws. Unauthorized use constitutes trademark infringement.

17.3 Patent Rights

Certain features and technologies may be protected by patents. Reverse engineering or circumvention of patented technologies is strictly prohibited.

18. Dispute Resolution Detailed Procedures

We provide multiple dispute resolution mechanisms to address different types of conflicts efficiently.

18.1 Informal Resolution

For minor disputes, we encourage direct communication through our support channels at support@bjwdx.com.

18.2 Mediation

For unresolved disputes, parties may agree to mediation through a mutually acceptable mediator before proceeding to formal legal action.

18.3 Arbitration Procedures

International users may elect binding arbitration under the rules of the International Chamber of Commerce (ICC) with proceedings conducted in English.

18.4 Court Jurisdiction

For disputes not resolved through alternative dispute resolution, exclusive jurisdiction lies with the courts of Beijing, China.

19. Force Majeure Detailed Definition

Force majeure events include circumstances beyond our reasonable control that prevent performance of obligations.

19.1 Covered Events

  • Natural disasters (earthquakes, floods, hurricanes, fires)
  • Acts of war, terrorism, or civil unrest
  • Government actions, embargoes, or trade restrictions
  • Pandemics, epidemics, or public health emergencies
  • Utility failures or telecommunications disruptions
  • Strikes, lockouts, or labor disputes

19.2 Notification Requirements

Affected party must notify the other party within 48 hours of the force majeure event and provide regular updates on expected resolution timeline.

19.3 Obligation Suspension

Obligations are suspended only for the duration of the force majeure event, and parties must use reasonable efforts to mitigate impacts.

20. Notices and Service of Process

All formal notices must comply with specific requirements to be valid and effective.

20.1 Notice Methods

  • Email: To addresses specified in these Terms
  • Certified Mail: To our registered business address
  • In-App Notifications: For service-related communications

20.2 Notice Effectiveness

Email notices are effective upon sending, certified mail notices upon receipt, and in-app notifications upon display.

20.3 Legal Process Service

Service of legal process must be made to our Legal Department at the address specified in Section 16, with copies sent via email.

21. Governing Law Detailed Application

These Terms are governed by Chinese law with specific considerations for international aspects.

21.1 Chinese Law Primacy

The substantive laws of the People's Republic of China govern all aspects of these Terms, excluding conflict of law principles.

21.2 International Treaties

Where applicable, international treaties ratified by China take precedence over domestic law, including:

  • United Nations Convention on Contracts for the International Sale of Goods (CISG)
  • New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
  • Hague Convention on Choice of Court Agreements

21.3 Mandatory Local Laws

Nothing in these Terms waives compliance with mandatory provisions of local consumer protection laws where users are located.

22. Consumer Protection Rights

We respect and comply with consumer protection laws in all jurisdictions where we operate.

22.1 Cooling-Off Periods

Where required by law, consumers have statutory cooling-off periods to cancel purchases without penalty.

22.2 Warranty Rights

Statutory warranty rights under local consumer laws are not affected by these Terms and remain fully enforceable.

22.3 Unfair Contract Terms

Any terms deemed unfair or unconscionable under applicable consumer protection laws are void to the extent of such invalidity.

23. Electronic Communications Consent

By using our Services, you consent to receive electronic communications from us.

23.1 Communication Types

Electronic communications include:

  • Service notifications and updates
  • Account-related communications
  • Legal notices and policy updates
  • Marketing communications (where opted-in)

23.2 Hardware/Software Requirements

You are responsible for maintaining compatible hardware and software to receive electronic communications.

23.3 Withdrawal of Consent

You may withdraw consent for marketing communications through account settings, but service-related communications remain necessary for contract performance.

24. Assignment and Delegation

These Terms may be assigned or delegated under specific circumstances.

24.1 Company Assignment

We may assign these Terms in connection with mergers, acquisitions, or asset sales without your prior consent.

24.2 User Assignment Prohibition

You may not assign or delegate your rights or obligations under these Terms without our prior written consent.

24.3 Successor Binding

Any permitted assignment binds successors and assigns to all terms and conditions of these Terms.

25. Entire Agreement Clause

These Terms constitute the complete agreement between parties regarding the subject matter.

25.1 Superseding Prior Agreements

These Terms supersede all prior oral or written communications, representations, or agreements between parties.

25.2 Modifications Validity

Any modifications to these Terms must be in writing and signed by authorized representatives of both parties to be valid.

25.3 Non-Waiver Principle

Failure to enforce any provision does not constitute waiver of that provision or the right to enforce it later.

26. Contact

For questions regarding these terms, contact us at: support@bjwdx.com

Legal Department: For formal legal inquiries, please contact legal@bjwdx.com

Mailing Address: Beijing Wanda Star Technology Co., Ltd., Room 212-2952, Town Government Office Building, No. 11, Guyuluwai Street, Gubeikou Town, Miyun District, Beijing, China

Business Hours: Monday-Friday, 9:00 AM - 6:00 PM China Standard Time

Response Time: We aim to respond to all legal inquiries within 3 business days.