For all purposes, this English language version of this Agreement shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this English language version of the Agreement and any subsequent translation into any other language, this English language version shall govern and control.
Use of this software program (and any patches and updates), including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of operation, moral rights and any related documentation incorporated into this software program, the associated media, printed materials, and/or online or electronic documentation (collectively, the “Program”) is subject to this software license agreement (this “Agreement”). If you are under the age of majority in your jurisdiction or eighteen (18) years of age, whichever is older, please ask your parent or guardian to read and accept this Agreement on your behalf before you use the program. By opening this package, downloading, installing, and/or using the program, you accept the terms of this Agreement between you and Magnetic Asia Ltd (“Magnetic Asia”). If you do not agree to the terms of this Agreement, you are not permitted to install, copy, or use the program. If you wish to reject the terms of this Agreement, you must not install, copy, or use the program.
If you (or, if applicable, your parent or guardian) do not agree to this agreement, then you must not use or access the program or any part thereof. By “clicking to accept,” you represent and warrant that you are a “natural person” who is over the age of eighteen (18) or whose legal guardian has accepted and agreed to this agreement.
LIMITED USE LICENSE
Magnetic Asia grants you the non-exclusive, personal, non-transferable, limited right and license to install and use one copy of this Program solely for your non-commercial use. All rights not specifically granted are reserved by Magnetic Asia. The Program is licensed, not sold, for your use. Your license confers no title or ownership in this Program, and should not be construed as a sale of any rights in this Program. This Agreement shall also apply to patches or updates you may obtain for the Program, unless that patch or update is accompanied by additional terms as provided in the section regarding “Changes to the Agreement” below.
This license is subject to the following limitations (“License Limitations”). Any use of the Program in violation of the License Limitations will result in an immediate termination of your license, and continued use of the Program will be an infringement of Magnetic Asia’s copyrights in and to the Program. You agree that you will not do, or allow, any of the following: (1) exploit this Program or any of its parts commercially; (2) copy, reproduce, distribute, display or use any part of this Program except as expressly authorized by Magnetic Asia herein; (3) use the Program in a network, multi-user arrangement, or remote access arrangement, including any online use except as included in the Program functionality; (4) sell, rent, lease, license, distribute, or otherwise transfer this Program or any copies thereof; (5) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of this Program, in whole or in part; (6) hack or modify the Program, or create, develop, modify, distribute, or use any unauthorized software programs to gain advantage in any online or multiplayer game modes; (8) remove, disable, or circumvent any proprietary notices or labels contained on or within the Program; (9) export or re-export this Program in violation of any applicable laws or regulations of Hong Kong.
Violation of these license conditions by you or any third party using your account may result in a suspension or ban, in addition to all other remedies available to Magnetic Asia.
LIVE AND TIME-LIMITED ELEMENTS
Your use of the Program involves interaction with ClockenflapXR’s live software environment. The Program and its live environment change over time. Magnetic Asia does not guarantee that you will be able to participate in all events. Access to some Live Content may require additional purchase. Some elements, including without limitation, Live Content associated with specific events, are made available to players for a limited time. Fees charged for time-limited content are based on access to the applicable content during the time period indicated at the time of purchase, and apply whether or not you actually access the content.
VIRTUAL EVENT TICKETS
You may have the opportunity to purchase a virtual event ticket that gives you access to a specific virtual event hosted in ClockenflapXR’s live software environment. Your purchase of a ticket via the ClockenflapXR Websites to an event hosted in the ClockenflapXR Services will give you a personal revocable licence to access the event or content stream, subject to the terms in this agreement. By purchasing a ticket on the ClockenflapXR Websites, you acknowledge that the Magnetic Asia reserves the right, on reasonable and lawful grounds, to refuse or deny entry to and/or block online access to any ticket holder without requirement to offer a refund or other compensation.
By accepting this agreement, you acknowledge that Magnetic Asia shall have no liability if you are removed or blocked from a virtual event.
Unless stated in the event information, all virtual events are broadcast as live experiences. It is your responsibility to ensure that you are ready and able to participate and watch the event ahead of time. Unless otherwise stated, you should assume that virtual events will not be available to access, play or watch after the listed time and date, and that you will not be able to pause or rewind streamed content within the event.
To access a virtual event, you should ensure you have the most up to date version of the ClockenflapXR software on a laptop or desktop computer. If for any reason you experience buffering or access issues during a virtual event, we are unable to guarantee a refund or rewatch opportunity.
All title, ownership rights, and intellectual property rights in and to the Program and any copies thereof are owned by Magnetic Asia. This Program is protected by the copyright laws of the Hong Kong.
This Program contains certain licensed materials, and Magnetic Asia’s licensors may protect their rights in the event of any violation of this Agreement.
PATCHES AND UPDATES
Magnetic Asia may deploy or provide patches, updates, and modifications to the Program that must be installed for you to continue to use the Program. Magnetic Asia may update the Program remotely without notifying you, and you hereby grant to Magnetic Asia consent to deploy and apply such patches, updates, and modifications.
LIMITATION ON DAMAGES
In no event will Magnetic Asia be liable for special, incidental, or consequential damages resulting from possession, use, or malfunction of the program, including damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, even if Magnetic Asia has been advised of the possibility of such damages. Magnetic Asia’s liability shall not exceed the actual price paid for the license to use this program.
Without prejudice to any other rights of Magnetic Asia, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of this Program and all of its component parts. You may also terminate the Agreement at any time by permanently deleting any installation of the Program, and destroying all copies of the Program in your possession or control. Magnetic Asia may terminate this Agreement at any time for any reason or no reason. The License Limitations, limitation on damages, limited warranty, indemnity, and miscellaneous provisions shall survive termination of this Agreement.
You agree to indemnify, defend, and hold Magnetic Asia, its partners, affiliates, licensors, contractors, officers, directors, employees, and agents harmless from all damages, losses and expenses arising directly or indirectly from your breach of this Agreement and/or your acts and omissions in using the Program pursuant to the terms of this Agreement.
CHANGES TO THE AGREEMENT
Magnetic Asia reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, at any time and by any means, including, without limitation, (1) by posting the modifications to clockenflapxr.com; and/or (2) by requiring you to “click to accept” when Magnetic Asia upgrades or patches the Program, and your continued use of the Program constitutes your acceptance of the modifications.
The changes to the Agreement will be effective upon prior notice as follows: Magnetic Asia will post the revised version of this Agreement on its website, may include the terms with a patch or update and require acceptance as part of the installation process, or may provide such other notice as Magnetic Asia may elect in its sole discretion. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement, but you will not be entitled to any refund. Your installation and use of any of Magnetic Asia’s updates, patches or modifications to the Program or your continued use of the Program following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes. If any future modifications are implemented as a “click to accept” agreement, you may not be able to continue using the Program unless you affirmatively accept the modified Agreement.
“Live Content” consists of content provided to Program users (e.g. live events, activities, unlockable content, gear, destinations, accounts, stats, virtual assets, codes, and achievements) in connection with use of the Program. While the Program may allow you to “earn”, “buy”, or “purchase” Live Content within or in connection with gameplay, you do not in fact own or have any property interest in the Live Content. Unless otherwise specified in writing, any Live Content that you receive is licensed to you as set forth herein, and you shall have no ownership right thereto. Unless specifically permitted by Magnetic Asia, you may not, sell, lend, rent, trade, or otherwise transfer any Live Content. Live Content may be altered, removed, deleted, or discontinued by Magnetic Asia at any time (e.g., upon termination of this Agreement and/or cessation of online support for the Program), even if you have not “used” or “consumed” the Live Content prior to alteration, removal, deletion, or discontinuation. Some Live Content, including without limitation, activities, maps, and gear, may be made available to players for only a limited time. Live Content has no monetary value and does not constitute property of any type.
Magnetic Asia does not guarantee that any Online Services or Live Content will be available or error-free at all times or at any given time. Magnetic Asia warrants that the Program, in addition to any Live Content which has been paid-for with real money, will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). Magnetic Asia may change and update Online Services or Live Content without notice to you (provided always that any such changes do not result in material degradation in the functionality of the Program or any Live Content which has been paid-for with real money). Magnetic Asia makes no warranty or representation regarding the availability of Online Services and/or Live Content which are free (i.e. not paid-for with real money) and each reserve the right to modify or discontinue them in its sole discretion without notice to you. Magnetic Asia is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control. Magnetic Asia is entitled to modify or discontinue Online Services and/or Live Content which are paid-for with real money in its sole discretion upon reasonable notice to you. The warranty for such Online Services and/or Live Content is provided in accordance with your statutory rights as a consumer which will always prevail.
This Agreement is the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. To the extent permitted by applicable law: (i) this Agreement shall be construed under Hong Kong law as such law is applied to agreements between Hong Kong residents entered into and to be performed within Hong Kong, and (ii) you consent to the exclusive jurisdiction of Hong Kong Courts.