Terms of Use

Last updated: April 8, 2023

This Terms of Service (“Terms”) is a legal agreement between you and Aged Studio Limited (“we,” “us” or “our”). These Terms governs your use of our services (“Services”), including but not limited to our websites (“Website”), software (“Software”, applications (“Apps” or “our App”) which are related to these Terms, or any other websites, pages, features, or content which are owned and managed by us and which are related to Terms as well. We explain terms and conditions to govern your use of our Services.

By starting to use our Services, you agree that you accept these Terms. If you do not agree with any of these Terms, please do not download, install and use our Services.

1.Eligibility To Use

By accessing or using our Services, you confirm that: (a) you are at least 16 years old (or of the age of consent in your jurisdiction); (b) you have the full legal capacity to enter this agreement; (c) you submit the accurate and trueful information; (d) your use of the Services do not violate any applicable law or regulation.

While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws in your countries or regions. 

2.Effecitveness and Updates of Terms

The Terms commences on the moment you first display your acceptance of the Terms. The Terms will continue to be effective until otherwise terminated in accordance with the Terms.

We reserve our rights to modify, add or delete any parts of the Terms of Use from time to time at our discretion. If there are any changes of the Terms, we will notify you the changes to the Terms before you use or access our Services. The Terms will be effective if the Terms are updated, unless we state otherwise. We will post the updated Terms before you use or access our Services. When Terms are updated, you are required to accept the new Terms of Use the first time you use or access the Services. If you do not agree with the changes, you should stop using the Services. If you continue using the Service after the new terms take effect, you understand and acknowledge that you will be bound by the modified Terms of Service.

3.Account Registration

Before you can use or access some features of our Services, you may be required to create an account or register by signing in via a third-party account (“Third-Party Account”), such as Facebook, Apple, or Google. You should note that Third-Party Accounts are governed by their own privacy policies, terms and end-user agreements and we are not a party to or responsible for the business and privacy practices of such Third-Party Accounts. Please review Third-Party Tools privacy policies, terms and end-user agreements before signing into our Services via a Third-Party Account.

You are solely responsible to secure and do not disclose your account information (including e-mail, username, user ID, etc.) and password used in our Services. You will be responsible for all uses of your Account, your account information and password, including subscriptions, whether or not authorized by you. If you become aware or suspect any breach of security, including any loss, theft or unauthorized disclosure of your Account, your account information or password, you must contact us and reset your password as soon as possible.

You should monitor your Account at all times and restrict the use of anyone who does not meet the requirements to use our Services. You accept full responsibility for any use of the Service using your Account, your account information and password, including any use of your credit card or other payment methods.

If you want to terminate or close your Account, or to modify any other personal information with your Account, you can contact us at support@agedstudio.com.

4.Content Generated by Users

While you are using some of the features of the Services, you may have a chance to communicate with and express your ideas to other users by means of sending texts, images, audios, videos, emojis, stickers and any other materials and content (“User-Generated Content”, “UGC”). The UGC you posted is regulated by our Terms of Use and the following rules.

A. You agree that your use of the Services is:

i. Accurate;

ii. Not confidential;

iii. Not in violation of law;

iv. Not in violation of contractual restrictions or third-party rights, and that you have permission to use content from any other party whose personal or other information or intellectual property is contained in the Services;

v. Not abusive, harmful, libelous, profane, obscene or otherwise objectionable;

vi. Not for commercial purposes or business solicitations; and

vii. Free of viruses, corrupting files, interference, cheat software, worms or other malicious code.

B. Responsibility of Postings

You understand and acknowledge that Services is solely your responsibility to use, and that Aged Studio Limited is not responsible for the information, data, text or other materials that may appear in Services. Opinions expressed in Services do not reflect the opinions and standings of Aged Studio Limited. Postings are not necessarily reviewed by Aged Studio Limited before posted and Aged Studio Limited makes no warranties, expressions or implications for the postings or for the accuracy and reliability of the postings.

C. No monitoring/violation notices.

You acknowledge that Aged Studio Limited is not obligated to monitor, review and takes no responsibility for any user-generated contents (“UGC”) posted, transmitted, or communicated to or within the Services. However, you agree that Aged Studio Limited will have the right (but not the obligation) in their sole discretion to review, reject, edit, move, or delete any UGCs that is available via the Services.

D. Objectionable content.

You should not post, upload or submit any UGCs, which violate these Terms or contains or links to Objectionable Content, to the Services. “Objectionable Content” means content that promotes or links to content that is (i) offensive, harassing, threatening, abusive, inflammatory or racist; (ii) sexually explicit or obscene; (iii) illegal, fraudulent, deceptive, contrary to public policy or that could facilitate the violation of any applicable law; (iv) harmful to minors in any way; (v) libelous or defamatory; (vi) violates the intellectual property, privacy, publicity, moral or any other right of any third party (such as by way of misrepresenting your identity or impersonating a third party), or otherwise injurious to third parties or objectionable, and (vii) software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”.

You understand and agree that Aged Studio Limited may delete all Services at any time, and without notice, if Aged Studio Limited deems that you materially breach these posting rules, the terms, applicable law, or for any other reason. Aged Studio Limited assumes no liability for any information removed from our sevices and reserves the right to permanently restrict access to services.

5.Termination of Services

You may cease use of the Services at any time by uninstalling and discontinuing use of the Services. Your cessation of use of any Service or request that access to the Service be terminated, will not entitle you to any refund, including of any fees. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation.

Upon any such termination, (i) you must destroy all Content obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; (iii) Aged Studio Limited may delete or disable access to any of your User Content at any time; (iv) Aged Studio Limited may delete your Account at any time. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Services after termination will be a violation of this Section, which survives any termination.

Even after the termination of these Terms, your Account, or your access to the Services, any User Content you have posted or submitted may remain on the Website or Apps indefinitely.

Aged Studio Limited reserve the right to suspend or discontinue, enhance, update or otherwise modify the Services (or any of its features or functionalities), or their availability to you, at any time without providing any prior notice.

6.Premium Features

Some of our Services may allow you to purchase premium features that provide an enhanced experience and/or expanded functionalities (“Premium Features”). Although Aged Studio Limited have a variety of Apps that offer different types of Premium Features, the provisions of these Terms apply to all of them. Aged Studio Limited may make improvements and/or changes to the Premium Features or terminate our offering of Premium Features at any time without notice. Aged Studio Limited also: (a) reserve the right to change the Premium Features advertised or offered for sale, the prices or specifications of such Premium Features, and any promotional offers at any time without any notice or liability to you or any other person; (b) do not warrant that information provided about the Premium Features (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; (c) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information regarding Premium Features is inaccurate or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

A. Purchases and Subscriptions

When you purchase Premium Features through the App, you can choose to make a one-time purchase giving you lifetime access to the Premium Features (“Lifetime Access”) or you can purchase a monthly or yearly subscription to access the Premium Features (“Subscription”). When you purchase a Subscription, we automatically bill the credit or debit card on file (“Payment Method”) for the Premium Features based on the term you select (e.g., on a monthly or yearly basis) until terminated. When You purchase the Apps or related Services from a Mobile Platform, including subscriptions and in-app purchases, the payment for such purchases may be processed either by third parties on Our behalf, or directly by the owner of the Mobile Platform. 

To purchase a Subscription, you will have to provide a valid, accepted Payment Method to either the Apple App Store or Google Play Store. By submitting such information, you agree and warrant that the Apple App Store or Google Play Store has the right to use or provide the information to third parties for payment processing. You may be subject to additional terms and conditions imposed by Apple or Google.

B.No Refunds

Payments for Lifetime Access and Subscriptions are is final and is not refundable, transferrable or exchangeable. We do not provide partial refunds or credits for unused periods. Following any cancellation of your Subscription you will continue to have access to the Premium Features through the end of your Subscription term.

7.Intellectual Property Rights

Our Services are comprised of works and intellectual property owned by Aged Studio Limited and/or its licensors, including, without limitation: games, titles, computer code, themes, objects, characters, stories, dialogue, artwork, graphics, images, animations, audio-visual effects, screenshots, text, sound, music, digitally downloadable files, trademarks, logos, product and character names, slogans, virtual currency and virtual items and the compilation of the foregoing (“Content”).

Under the Terms, we grant you a non-exclusive, personal, limited, revocable and non-transferable license to use our Services, provided you agree to comply with the Terms. The Content in our Services are for gaming services and for your non-commercial enjoyment and entertainment. Any other use, including modification, reproduction, uploading, posting, transmission, distribution, sale, rent, lease, display, performance, broadcast, sublicense, assignment or other making available of any rights to the Content or any portions thereof to third parties in any form or by any means without our prior written permission, is strictly prohibited.

You may not remove any proprietary notices or labels on the Content or use the Content in any unlawful or infringing manner. Any bypass, modification, defeat or circumvention of the Digital Rights Management solution (“DRM”) used for protection of the Content is strictly prohibited.

You are not granted any other right, title or interest in our Services or any Content except as expressly provided herein. All other rights are reserved.

Notwithstanding the Terms, the opensource software is licensed to you subject to the terms and conditions of the respective software license agreements accompanying such opensource software.

You agree that you will not: (i) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (ii) access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to Aged Studio Limited; (iii) disrupt or interfere with the security of, or otherwise cause harm to the Services, servers or networks that host the Services; (iv) violate the intellectual property of other rights of any party, including Aged Studio Limited; (v) sell, license or exploit the Services for any commercial purposes; (vi) remove or destroy any copyright notices or other proprietary markings contained on or in the Services.

If you have been found in violation of the terms, we reserve the right, in our sole discretion and at any time, to limit, suspend, modify or terminate access to services or any portion thereof. If this happens, Aged Studio Limited is not required to compensate you for any losses or results. In addition, you may be found to be in violation of criminal and civil laws, including Aged Sudio Limited’s intellectual property rights.

8.Content Submitted by You

After posting your Content on or through the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose, subject to the Terms and the license described herein.

A.Scope Of License.

By displaying, publishing, or otherwise posting any Content on or through the Services, you hereby grant to Aged Studio Limited the non-exclusive, irrevocable, worldwide, royalty free license to edit, adapt, publish, modify, reproduce, distribute, publicly display and use your Content 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. To the extent allowed by applicable laws, you agree to waive any moral rights you may have in Feedback (e.g. the right to be identified as the author of Feedback or the right to object to a certain use of Feedback). Any UGG you submit on or through the Services will be considered non-confidential and non-proprietary. If you have any idea or information that you would like to keep confidential and/or do not want others to use, please refrain from posting it.

B.Representations.

You represent and warrant that: (i) you solely own the Content displayed, published or posted by you on or through the Services or otherwise have the right to grant the license set forth herein, and (ii) the displaying, publishing or posting of your Content does not violate infringe on the rights of any third party, including any copyright, trademark, patent, trade secret or other intellectual property right, or the privacy rights, publicity rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content displayed, published or posted by you to the Services. Except for your Content, you may not edit, adapt, publish, reproduce, distribute, publicly display and use any Content appearing on the Services.

9. Third Party Sites

Our Services may feature advertisements from third-party companies. Please review our Privacy Policy which explains what information we share with advertisers. We are not responsible for the availability of such websites or resources of the third parties, and we are not responsible or liable for any content, advertising, or services they provide.

Any content, advertising or services by such third party are provided following the terms of services and privacy policies to be found on the website of the respective third party and, where applicable, you must familiarize yourself and accept the terms of services and privacy policies of such third party before using their services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Aged Studio Limited is not liable for any claim relating to any content, goods or services, business practices or privacy policies of third parties, including for how they collect, use or share information they get from you.

10.Links

You are granted a limited, non-exclusive right to create text hyperlinks to the Services for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Website’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.

Aged Studio Limited has not reviewed all of the sites linked to its app and is not responsible for the Contents of any such linked site. The inclusion of any link does not imply endorsement by Aged Studio Limited of the site. Use of any such linked website is at the user's own risk.

11.Legal Disputes and Arbitration Agreement For Users in the United States and Canada

Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court.

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. You may choose to be represented by a lawyer in arbitration or proceed without one. This arbitration provision shall survive termination of these terms.

Any dispute, claim or controversy arising out of or relating to these Terms, other agreements found on the Services, or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in [Hong Kong] before one arbitrator or submitted to small claims court in [Hong Kong]. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to these Terms shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms, including Rules 16.1 and 16.2 of those Rules.

A.NO CLASS ACTIONS

Most concerns can be solved quickly by contacting us at support@agedstudio.com.

In the unlikely event that we cannot solve your concern within 30 (thirty) days, and you wish to bring legal action against us, then that dispute will be subject to the jurisdiction of the courts of the Republic of Cyprus.

By voluntarily accepting these Terms, you and Aged Studio Limited both agree that the parties can only bring a claim against each other on an individual basis. To the maximum extent permitted by applicable law, neither you nor Aged Studio Limited shall be entitled to consolidate, join or coordinate disputes by or against other individuals or entities, or participate in any collective or class action or litigation. In connection with any dispute, any and all such rights are hereby expressly and unconditionally waived.

B.Seeking Arbitration

If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: [Flat 1108 11/F, Block Q Hong Lai House Phase 4, Yau Lai Estate, Yau Tong, Kawloon, Hong Kong]. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.

Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of these Terms unenforceable, that portion shall not be effective and the remainder of these Terms shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

C.Governing Law and Rules

The provisions of the Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus without reference to conflict of law rules and principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to the Terms is hereby expressly excluded.

D.Additional Terms for Canadian Users

L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.

Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.

Dispute Resolution: The arbitration requirements of these Terms will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.

Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.

Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to [support@agedstudio.com].

12.Warranty Disclaimer; Limitation on Liability

A.Disclaimer of Warranties

B.Limited Liability.

Under no circumstances will Aged Studio Limited or its directors, officers, employees, agents, commissionaires or licensors be liable for any loss or injury or any direct, indirect, incidental, special, reliance, consequential, exemplary or punitive damages, or any damages whatsoever (including, without limitation, damages for injury to person or property, for loss of business, revenue, profits, goodwill, business interruption, loss of business information, loss of privacy, failure to meet any duty or negligence) arising out of or in any way related to the use or inability to use the services, breach of contract, unauthorised access, tort, including negligence, or any other action by any third party, even if we or our authorised representative has been advised of the possibility of such damages. In no event shall our total cumulative liability arising from the terms or related to your use of the services, whether in contract or tort, exceed the amounts actually paid by you for using the services under the terms during the twelve months immediately preceding the date the claim first arose. The parties agree that the limitations of liability will apply even if any remedy specified in the terms is found to have failed of its essential purpose.

13.user specifications

We want users to use Aged Color to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

  1. You may not use our Products to do or share anything:
    • That violates these Terms, the Community Standards, or other terms and policies that apply to your use of our Products.
    • That is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using our Products in such a way).
    • That you do not own or have the necessary rights to share.
    • That infringes or violates someone else's rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.
  2. You may not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of WhatsApp, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) acts of sending the same or similar messages to a large, indefinite number of Users (except for those approved by Aged Color), indiscriminately adding other Users as friends or to group chats, or any other acts deemed by Aged Color to constitute spamming; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing; (f) involve any non-personal use of our Services unless otherwise authorized by us.
  3. You may not proxy, request, or collect Product usernames or passwords, or misappropriate access tokens.
  4. You may not sell, license, or purchase any data obtained from us or our services, except as provided in the Platform Terms.
  5. E.You may not misuse any reporting, flagging, dispute, or appeals channel, such as by making fraudulent, duplicative, or groundless reports or appeals.

We also can remove or restrict access to content features, services, or information if we determine that doing so is reasonably necessary to avoid or mitigate misuse of our services or adverse legal or regulatory impacts to Aged Color.

14.Indemnity

To the maximum extent permitted by the applicable law, you agree to defend, indemnify and hold Aged Studio Limited, its directors, officers, employees, consultants, agents, commissionaires or licensors harmless from any and all third party claims, suits, losses, liability, damages costs and/or expenses (including, but not limited to, attorneys’ fees) arising from your or incurred as a result of your use of the services, or any kind of alleged or actual breach by you of the terms, or any infringement by you or any third party of any intellectual property rights or any other rights of other persons. You agree not to settle any matter without the prior written consent of Aged Studio Limited.

15.Notice to New Jersey Users

Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth in these Terms are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you, but the rest of these Terms of Service shall remain binding on you and the Company. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Service, nothing in these Terms of Service is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

16.Notice to California Users

Under California Civil Code Section 1789.3, users located in California entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to support@agedstudio.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-125 or (800) 952-5210.

17.MISCELLANEOUS TERMS

A. ENTIRE AGREEMENT.

The Terms of Service, together with our Privacy Policy, and any other legal notices published on the Apps or Services, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services.  If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.

B. ASSIGNMENT AND NOVATION.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

C. NO RIGHT TO OBLIGATE THE OTHER.

The Terms does not create a partnership, joint venture or similar relationship between the parties, and neither party will have the power to obligate the other party in any manner whatsoever.

D. NOTICE FOR APPLE DEVICE USERS.

In case you download, install or access the Apps through your Apple device, you specifically acknowledge and agree that the following additional terms shall apply (in case of conflict between these additional terms in this section and other terms of this agreement the terms of this section shall prevail):

i. Acknowledgement. The Terms is concluded between you and us only, not with Apple, and Apple is not responsible for the Apps or the content thereof.

ii. Maintenance and Support. Aged Studio Limited is solely responsible for providing any maintenance and support services with respect to the Apps, as specified in these Terms or as required under applicable law. Aged Studio Limited and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.

iii. Scope of License. The license granted to you for the Apps is limited to a non-transferable license to use the Apps on an iOS Product that you own and control and as permitted by the Usage Rules set forth on the Application Store Terms of Service, except that such Apps may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

iv. Warranty. Aged Studio Limited is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of failure of any App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty or obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Aged Studio Limited’s sole responsibility.

v. Product claims. Aged Studio Limited and you acknowledge and agree that Apple is not responsible for addressing any claims by you or a third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (a) product liability claims; (b) any claim that the Apps fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection, privacy or similar legislation. This Agreement does not limit Aged Studio Limited’s liability to you beyond what is permitted by applicable law.

vi. Intellectual Property Rights. Aged Studio Limited and you acknowledge and agree that Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Apps or your possession and use of the Apps infringes that third party‘s intellectual property rights;

vii. Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government List of prohibited or restricted parties.

viii. Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Apps

ix. Third-Party Beneficiary. Aged Studio Limited and you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of the Terms and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary of thereof.

18.Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Hong Kong and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.