Cozy Garden Terms of Use

last updated time: 2024.01.15

For our Privacy Policy, please go Privacy Policy

1 About these terms

1.1 These terms apply to your download, access and/or use of PopGo games, whether on your computer, on a mobile device, on our website PopGo.cc (the "Website") or any other website, device or platform. These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services. Services made available by PopGo, including but not limited to any Services available on PopGo's website and Services accessed through or provided in relation to the games (the “Services”). PopGo (Hereinafter “we”, “us”, “our”) is composed of DaLian Kilowood Technology Co., Ltd..

1.2 If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.

1.3 These terms are made available via the app store or platform that you download our Games from (such as the Apple App Store, Google Play Store or Huawei App Gallery), and on our website at www.popgo.cc (the “Website”). You agree that by accessing and/or using our Services, you are agreeing to these terms and our Privacy Policy.

1.4 For use of our Services, you agree that you are have the legal capacity to agree these terms and that if you don't have, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.

1.5 We can make changes to these terms at any time, your continued use of our Services after the terms have been updated shall confirm your acceptance of the updated terms.

2 About accessing and using our Services

2.1 The specific game rules, scoring rules, controls and guidelines for each game can be found within the game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual game which you choose to access and/or play.

2.2 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

3 Virtual Goods and Virtual Money

3.1 Our Games may include virtual currencies such as coins and gems (“Virtual Money"), items or Services for use with our Games (“Virtual Goods") or paid subscriptions for Virtual Money and/or Virtual Goods (“Subscriptions”).

3.2 You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made and that an active Subscription cannot be cancelled during the Subscription period. To the extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law.

4 User conduct and content

4.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.

4.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.

4.3 Information, data, software, sound, photographs, graphics, video, messages, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.

4.4 You agree not to upload, communicate, transmit or otherwise make available any

• that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
• that is or could reasonably be viewed as invasive of another's privacy or violate any privacy rights;
• that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
• which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
• which infringes any intellectual property right or other proprietary right of others;
• which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

4.5 You agree that you will not:

• use our Services to harm anyone or to cause offence to or harass any person;
• use another person or entity's email address in order to sign up to use our Services;
• use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
• remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
• interfere with or disrupt our Services or servers or networks that provide our Services;
• attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
• disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;
• use our Services in violation of any applicable law or regulation;
• use our Services to cheat or design or assist in cheating (for example, by using automated means or third-party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
• use our Services in any other way not permitted by these terms. If you are concerned that someone else is not complying with any part of these terms, please contact us here: [email protected].

4.6 You are solely responsible for your interactions with other users of our Services. You agree that you shall not hold PopGo liable for any loss or damage arising from the Content (yours or another user's) including without limitation in respect of any defamation, harassment, or false endorsement claims.

5 Playing our games with other users

5.1 Some of our Games allow you to play socially with other users.

5.2 By accessing and/or playing our games you agree that your display name, scores, avatar , country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity , without any payment to you, including (without limitation) to other users in our games or within our marketing.

5.3 Some of our Games include functionality that may allow you to participate in text and chat with other users.

6 Your breach of these terms

6.1 Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:

• delete, suspend and/or modify your account or parts of your account;
• otherwise suspend and/or terminate your access to our Services;

6.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.

7 Intellectual Property

7.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.

7.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.

7.3 By submitting Content via our Services you:

• are representing that you are fully entitled to do so;
• grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
• acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and
• agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us.

8 Limitations of Liability

In no event shall PopGo be liable for any loss or damages (including without limitation of any direct, indirect, punitive , special, incidental or consequential loss or damage):

• Access to our service or inability to access to our service;
• Any third party's conduct, content, information or data;
• Personal injury or property damage, of any nature whatsoever, resulting from your access to and/or use of (or your inability to access and use) the PopGo Services, including, without limitation, making private content public or any damage caused to your computer or software or information stored thereon;
• Any unauthorized access to or use of our Services and/or any and all personal, private, and/ or other information stored therein.

9 Entire agreement

These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.

10 Changes to these terms

We reserve the right to update these terms from time to time by posting the updated version here.

11 Severability

If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.

12 Waivers of our rights

Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

13 Complaints and dispute resolution

Most concerns can be solved quickly by contacting us at [email protected].