Auto-Renewable Subscriptions Service Agreement
1. Acceptance of and Modifications to Service Terms
1.1 This Agreement is entered into by and among the players of “Mighty Catcher” (users of Mighty Lucky’s mobile platforms or devices, and web applications accessible on third-party social networking services hereinafter referred to as “Players”) and Mighty Lucky International Limited (hereinafter referred to as “Mighty Lucky”) with respect to the use of the automatically authorized subscription renewal fees deduction service performed by Mighty Lucky (hereinafter referred to as “The Service”), which describes the rights and obligations of players and Mighty Lucky with respect to the use of the service and other matters. “Players” shall refer to the individuals or entities who receive the subscription service from Mighty Lucky.
1.2 This Agreement shall constitute the conditions precedent for players’ (whether individuals or entities) use of the service provided by Mighty Lucky. Players shall have no right to use the service unless they have accepted the terms of this Agreement, and it shall be deemed that the players have agreed to be bound by the terms of this Agreement if they choose to use the service.
2. Description of Services
2.1 In order to satisfy players’ demands for automatic subscription renewal fees deduction, the service is performed with a view to avoiding losses caused by the failure of players to pay renewal fees in time due to negligence or for other reasons to the extent that players have applied for the service. Players irrevocably authorize Mighty Lucky to deduct the fees for the next billing period on their behalf from the balance of the players’ re-charge accounts, and third-party payment accounts, bank cards and communication accounts which are bound up with the accounts of the players (hereinafter referred to as “Accounts”) prior to the imminent expiration of the valid period (including but not limited to per week/month/quarter/year) for the players, provided that players have bound their accounts opened with Mighty Lucky with the aforesaid accounts from which charges may be successfully deducted.
2.2 “Automatic Subscription Renewal Fees Deduction” shall mean a deduction method by which Mighty Lucky charges players the fees for the next billing period from the aforesaid accounts based on the premise set forth in Article 2.1, players are required to ensure that Mighty Lucky may successfully deduct the fees from the aforesaid accounts and shall be solely responsible for the failure of renewal due to inadequate and deductible balance of the aforesaid accounts.
2.3 While enjoying the service, players shall be bound by the “Lilith Terms of Service” (hereinunder, the TOS) and use of the service by players shall be deemed that they agree on the service terms hereof and public notices sent by Mighty Lucky with respect to the service.
2.4 The service performed by Mighty Lucky for players shall only be used by players on the platforms or game products of Mighty Lucky, and any separation of the contents of the service performed by Mighty Lucky from the platforms thereof by illegal means, such as malicious cracking, etc. shall not be part of the service as agreed to herein. All the legal consequences arising therefrom shall be borne by the responsible parties and Mighty Lucky will investigate the legal responsibilities on the part of the responsible parties by operation of the law.
3. Rights and Obligations of the Parties
3.1 Mighty Lucky shall be responsible for providing players with access to the detailed information on charges pertinent to automatic subscription renewal fees deductions, instead of printing the relevant invoices and forwarding the same to players.
3.2 Once the Auto-Renewable Subscriptions Service become effective, Mighty Lucky shall deduct the fees for the next billing period within 24 hours before the end of the current billing period from the aforesaid accounts of the players and put the payment information of the players on record, with a corresponding extension of the validity period for players. There may exist delay in the display of status of Auto-Renewable Subscriptions Service. The final status of Auto-Renewable Subscriptions Service shall be determined by the actual deduction situation. If one player did not cancel the Auto-Renewable Subscriptions Service 24 hours before the end of the current billing period, the Auto-Renewable Subscriptions Service shall be automatically subscribed for next billing period, under which the fees for the next billing period will be deducted accordingly.
3.3 In case of errors in the process of deducting the fees, Mighty Lucky shall collaborate closely with the players on identification of the causes and respectively assume the losses caused through their own fault; if losses are caused through unequal fault of the parties, they shall bear the corresponding responsibilities in light of the degree of their fault; and the parties shall evenly share the responsibilities in case of joint and several liabilities.
3.4 Mighty Lucky may change or modify the relevant service contents, rules and terms of this Agreement based on its business development or technology upgrades, etc. It shall publish the contents to be modified on its relevant webpages prior to the aforesaid changes or modifications, without separately sending notices to individuals. If players disagree on the modifications hereto, it may cancel and suspend the use of services which has already become available to them; if they continue to use the service provided by Mighty Lucky, it shall be deemed that the players have accepted all the modifications to this Agreement.
3.5 Players shall decide whether or not to cancel the service at their own discretion, if they choose not to cancel the same, it shall be deemed that players agree with Mighty Lucky on attempts to deduct fees on an irregular basis according to certain rules, once the fees are successfully deducted, Mighty Lucky will provide players with the value-added services for the next billing period.
3.6 If prices for the value-added services are adjusted by Mighty Lucky at the time of/prior to the automatic subscription renewal fees deduction, the currently valid prices shall prevail.
3.7 Although the service is provided to players by Mighty Lucky free of charge, Mighty Lucky is entitled to decide whether or not to charge for the service or adjust the automatic subscription renewal fees deduction period and fees by taking into account business needs or changes to market conditions, etc., and make the relevant information publicly available on the webpages to the players.
4. Term and Termination of this Agreement
4.1 This Agreement shall come into effect after players choose to accept or use the service and remain valid until when the TOS is terminated or when the players terminate the service or cancel their qualifications.
4.2 Players shall have the right to choose to terminate the service by setting their accounts in the in-game setting or the settings in other third-party platforms (if applicable) under the guidance of Article 3.2 of this Agreement, and Mighty Lucky will cease to provide the service to players upon the termination of the service.
4.3 The instructions by which players automatically authorize Mighty Lucky to deduct the subscription renewal fees before they choose to terminate the service shall remain valid. Mighty Lucky will not refund charges deducted following such instructions with the relevant responsibilities being borne by the players.
5. Liability for Breach of This Contract
If either party violates this Agreement, the non-breaching party shall have the right to claim compensation by way of dispute resolution agreed to by the parties.
6. Dispute Resolution and Governing Law
This Agreement and any action related thereto will be governed by the laws of British Virgin Islands without regard to its conflict of laws provisions. Any dispute arising from or in connection with This Agreement shall be submitted to the courts of British Virgin Islands for arbitration, which shall be conducted in accordance with British Virgin Islands' arbitration rules in effect at the time of applying for arbitration. The seat of arbitration shall be British Virgin Islands. The language to be used in the arbitral proceedings shall be English. The arbitral award is final and binding upon both parties.
Mighty Lucky International Limited