Last updated: [December 13, 2024]

WELCOME TO T THE GAME 【Heroes of Jin Yong】!

These Terms of Use (the "Terms") sets forth the agreement between Create AI (formerly Tusimple including all parent, subsidiary and affiliated companies within the Create AI Group of Companies, collectively “we” or “us” or “our”) . Please read the Terms carefully as they set out the basis for which We make our Services (as defined below) available to You. The Terms govern your access to and use of our website, downloadable content, game software, other software products, and online and mobile services including their online functions and other features, any updates/upgrades thereto (collectively, our "Services").

BY ACCESSING OR USING THIS WEBSITE CONSTITUTES, USERS AGREED TO BE BOUND BY AND COMPLY WITH THE TERMS. IF USER DOES NOT AGREE TO THE TERMS, USER SHOULD NOT ACCESS OR USE THIS WEBSITE.

1.Account

1.1 Creation of your Account. You will need to create a Heroes of Jin Yong game account (an “Account”) to access and use certain Services. You can create by supplying a valid e-mail address, truthful and accurate information, and all the necessary criteria. Except if specifically allowed within a particular Service, You acknowledge that You may not create multiple Accounts.

1.2 Account Safety. You are solely responsible for and will be deemed to have carried out any activity, including any purchases, made by your Account. You are also solely responsible for maintaining the confidentiality and security of your Account and any User identification, passwords, authentication codes or other security devices or procedures (collectively "Password"). To ensure Your Account safety, we strongly recommend that You:

Never share your Account details with anyone.

Activate the 2-Step Verification and any other safety options We may provide.

Choose a strong alphanumeric password, i.e. containing lowercase, uppercase letters, numerals, special characters (@, #, etc.). We reserve the right to refuse any password at our discretion.

Choose a password that is different from any other password You use to access third party services; and change it on a regular basis.

We reserve the right to require you to change your Password at any time.

1.3 Equipment. Please note when creating your Account that use of our Services does not include supply by us of a computer or any other hardware, equipment or service necessary for their use. To use our Services, you must have your own means of telecommunication and Internet access.

2.License Grant & License Conditions

2.1 License Grant

We grants you a personal, limited, revocable, non-exclusive, non-transferable and non sublicensable right to install and use the Our Game(s) software on devices you legally own or control, solely for your personal entertainment and non-commercial purpose (the "License"). The rights granted to you by us under this License are subject to the Terms and you may make use of the License only if you comply with all applicable terms. The License becomes effective on the date that you accept the Terms.

By accepting the Terms, you understand and acknowledge that the Heroes of Jin Yong Game(s) software is licensed, not sold to you, under the License, and furthermore that the License does not grant you any title or ownership in the Heroes of Jin Yong Game(s) software.

2.2 License Conditions

(1)You acknowledge and agree that your use of the our services is also governed by the Privacy Policy which may be amended from time to time by us in its sole discretion. You acknowledge and agree that the Privacy Policy is at all times incorporated and forms a part of the Terms.

(2)You acknowledge and agree that you may not, either directly or indirectly, do or attempt to do any of the following actions with respect to any or all of the our services:

a. Publish, upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;

b. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;

c. Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests (including the rights of privacy, publicity or trade secret) of us or third parties;

d. Develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage;

e. Exploit, distribute or publicly inform third parties of any game error, miscue or bug, regardless of an intended advantage or not;

f. Sell, lease, rent, license, sublicense or otherwise use whole or part of our services and related contents, information, element for a commercial purpose;

g. Copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works based on any of the our services;

h. Use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the our services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files or other unauthorized programs;

i. Use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations;

j. Allow or assist any third parties to do any of the above.

(3)You further acknowledge and agree that your use of the our services shall comply with any applicable laws or local regulations, and that you will immediately stop using or accessing the our services when local laws or local regulations so require.

(4)Except as expressly authorized under the Terms, you may not copy the our services in whole or part or any accompanying materials therein. Because the our services contain our proprietary information, you agree: (i) to hold in the strictest confidence all code and any technical elements of the our services, ii) not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose or otherwise transfer any of our un-public information, and/or (iii) subject to all applicable law (including US Copyright law and DMCA), not to make use of the our services except for your individual enjoyment and non-commercial purpose.

(5)Except expressly authorized herein, any use of the our services in whole or part, without our prior written consent, is strictly prohibited and the License granted herein will be terminated. We expressly reserves the right to deny anyone access to the our services at any time for any reason without prior notice. You further agree that we, without any liability, shall be entitled to suspend or terminate providing any of the our services or change the provided content at any time for any reason without prior notice.

(6)You further agree that we are not liable for the behavior of any other Users or third parties, including but not limited to any third-parties’ websites or services linked on or through the our services.

3. Minors Access

The application of this section is subject to the prevailing laws, regulations and all other policy(s) relating to the protection of minors in your country(s)/region(s) of residency, where applicable.

You acknowledge that to create an Account, you must be at least of the minimum age for consenting to Personal Data collection under the law in your jurisdiction and that you are an adult in your country of residence (or at other age in your jurisdiction where you are classified as above the legal age of majority) when using the our services.

To enter into the Terms, you must be an adult of the legal age of majority in your country of residence. By accepting the Terms, you acknowledge and affirm that you are of the legal age of majority in your country of residence and that you are legally and financially responsible for all actions using or accessing the our services, whether or not authorized by you.

If you are under the legal age of majority in your country of residence ("minor" or "child"), you may not enter into the Terms. Your parent or legal guardian must review the Terms and accept it on their own behalf. Subject to any applicable laws, regulations or rules regarding minors, a parent or legal guardian who has accepted the Terms on their own behalf may permit a minor to use their Account, provided that the parent or legal guardian acknowledges and agrees that they are legally and financially responsible for all actions using or accessing the our services, including the actions of any minor or child they allow to access their Account, whether or not authorized by the parent or legal guardian.

4. Ownership/Intellectual Property

You acknowledge that all materials on or in our Services, including the Services' texts, design, graphics, music, characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, sounds, pictures, audio-visual effects, domain names, and the selection and arrangement thereof (collectively, "Materials") are the property of us or our licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or our Services through the Terms or otherwise. All rights to Materials not expressly granted in the Terms are reserved to their respective copyright owners. Except as expressly authorized by the Terms or on our Services, You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of us or the respective copyright owner, which may be granted at its sole discretion.

The trademarks, services marks, trade names, trade dress, logos, page headers, custom graphics, button icons and scripts (collectively, "Marks") contained or described on our Services and any Marks associated with any products available on our Services are the sole property of us and/or our licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of us and/or our licensors. We will fully enforce our intellectual property rights of the law.

5. Disclaimer of Warranties, Limitations of Liability, and Indemnity

5.1 Disclaimer of Warranties. YOUR USE OF OUR SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, COMPATIBILITY, NON-INFRINGEMENT, AND ANY WARRANTY IMPLIED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.

5.2 Limitations of Liability. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE, OUR PROVIDERS, OR THEIR RESPECTIVE AFFILIATES, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO OUR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.3. Indemnity. YOU SHALL INDEMNIFY, AND HOLD HARMLESS US, OUR PROVIDERS, FROM AND AGAINST ANY CLAIMS, LOSSES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR RELATING TO YOUR USE OF OUR SERVICES, INCLUDING YOUR CONTENT, PRODUCTS, OR SERVICES YOU DEVELOP OR OFFER IN CONNECTION WITH OUR SERVICES, AND YOUR BREACH OF THE TERMS OR VIOLATION OF APPLICABLE LAW.

6. Terms and Termination

The Terms take effect when you first access or use our Services, and remain in effect until terminated. You may terminate the Terms at any time for any reason or no reason by discontinuing the use of our Services. We may terminate the Terms immediately if you materially breach the rules set forth in the Terms. You may write an email to [business@jinyongheros.com] to appeal against our termination or suspension of your Services.

Upon termination, you will stop using our Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of the Terms which by their nature should survive termination or expiration should survive.

7. Governing Law and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY— IT AFFECTS YOUR LEGAL RIGHTS

7.1. Governing Law

You and we each agree that the Terms including but not limited to any Dispute, controversy, difference, or claim arising out of or relating to the Terms or our services, including the existence, validity, interpretation, performance, breach or termination thereof or any Dispute regarding non-contractual obligations arising out of or relating to the Terms or our services shall be governed by and construed under the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws.

7.2. Dispute Resolution

Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. By accepting the Terms, including the Binding Individual Arbitration and Class Action Waiver provisions below, you agree that any dispute between you and Create AI will be submitted to a neutral arbitrator for a binding decision, and you waive your right or opportunity to bring claims in court before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including class actions or representative actions).

You have the right to opt-out of this Dispute Resolution provision, as explained below, which means you would retain your right to litigate your disputes in a court, either before a judge or a jury.

For the purposes of the Terms, including this Dispute Resolution provision specifically, "Dispute" means any dispute, claim or controversy between you and us regarding any aspect of your relationship with us, including those arising out of the Terms or otherwise based in contract, statute, regulation, ordinance, tort (including but not limited to fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, and/or scope of this Disputes Resolution provision, except as it applies to the enforceability of the Class Action Waiver set forth below. "Dispute" is to be given the broadest possible meaning that will be enforced.

(1)Binding Individual Arbitration. You and we agree that, except as provided in subsection (5) below ("Opt-Out"), any and all Disputes, including their arbitrability, will be resolved exclusively and finally by binding arbitration rather than in a court, in accordance with this provision. You and Create AI further agree that you are waiving your right to a trial by jury or to a trial before a judge in a public court. By accepting the Terms, you acknowledge and agree that other rights you may have if you went to court, such as the right to appeal and the right to obtain certain types of discovery, may be more limited or may also be waived.

The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules") and the governing law of the arbitration shall be governed by the laws of the State of California. Unless otherwise agreed, the arbitration shall be conducted in a confidential manner.

You or Create AI may initiate arbitration in the federal judicial district that includes the address you provide in your Written Notice of Dispute (defined below).

Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.

(2)Informal Resolution. You agree that in the event of any Dispute, Create AI and you shall first attempt to resolve any such Dispute informally for a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal Dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the Dispute, and set for the relief sought.

The Written Notice of Dispute shall be sent to [business@jinyongheros.com].

In the event that any such Dispute cannot be resolved informally, you agree that the Dispute, including any question regarding the arbitrability of the Dispute, shall be finally and exclusively resolved by binding arbitration in accordance with subsection (1) of Section 7.2 above.

(3)Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, including but not limited to a class action, consolidated action, or private attorney general action, unless both Create AI and you specifically agree in writing to do so following initiation of the arbitration. All claims and Disputes within the scope of this individual arbitration agreement must be arbitrated or litigated on an individual class basis. Claims of more than one customer or User cannot be arbitrated or litigated jointly or consolidated with those of any other customer or User. Notwithstanding any other provision of the Terms, this Dispute Resolution provision, or the AAA Rules, Disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. This specific provision is found to be unenforceable, then the entirety of this Dispute Resolution Provision contained in Section 19A shall be null and void.

(4)Right to Waive. Any rights and limitations set forth in this Dispute Resolution provision may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of the Terms.

(5)Exclusions from Arbitration/Right to Opt-out. Notwithstanding the above, you and Create AI may opt out of the arbitration procedures described above. If you do so, neither you nor Create AI can force the other to arbitrate.

You or Create AI may opt out of these arbitration procedures and pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE Create AI WRITTEN NOTICE OF YOUR DESIRE TO OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THE TERMS (the "Arbitration Opt-Out Notice"). The Arbitration Opt-Out Notice must include your name and address, your account and the email address you used to set up your account (if you have one), and an unequivocal statement that you wish not to resolve Disputes with Create AI through arbitration. You must mail your opt-out notice to [business@jinyongheros.com]. If you do not provide Create AI with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to the Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.

(6)Continuation. This Dispute Resolution provision shall survive the termination of your Account (if applicable), and/or your access to or use of the our services, and/or your relationship with Create AI.

8. Modification

We reserves the right to amend, modify or revise the Terms at any time in any way without prior notice and you agree to check periodically for new information and terms that govern your use of the our services and you agree to be bound by all amendments, modifications and revisions. Your continued access to our services will constitute your acceptance to the newly updated Agreement and any agreements or policies therein.

If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of the our services, your License under the Terms shall immediately terminate and you may immediately stop accessing to the our services.