MakeGame

Terms of Service | MakeGame

Terms of Service for MakeGame, operated by CENTURY NETWORK (HONG KONG) LIMITED
Jun 12, 2026

Release Date: June 12, 2026

Effective Date: June 12, 2026

Welcome to MakeGame (hereinafter referred to as "we")! MakeGame is a product of CENTURY NETWORK (HONG KONG) LIMITED (hereinafter referred to as "CENTURY"). By accessing or using our services, you confirm that you are able to enter into a legally binding contract with us, accept these terms and agree to abide by them. Your registration, access or use of this platform and use of the services are governed by these Terms of Service, the Privacy Policy, and other applicable terms that we may publish and update from time to time in relation to your use of the services (collectively, the "Agreement"). If you have any questions about this Agreement, you may contact us using the contact information set forth in Section 14.

1. General Terms and Conditions

(a) Subscription and Payment

  1. Services are divided into paid services and free services; paid services are further divided into auto-renewable subscription services and credit services.
  2. Subscription Services: Automatic periodic billing. By registering for a subscription (including after the end of a free trial), you agree to pay the subscription fees and taxes imposed by various tax authorities on a periodic basis (collectively, the "Subscription Fees").
  3. Credit Recharge Services: On the basis of using subscription services, you may recharge credits on a one-time basis as needed to use our services. Unless otherwise specified, all service fees exclude taxes; you shall calculate, bear, declare and pay all relevant taxes yourself.
  4. Subscriptions default to automatic renewal: Unless you actively cancel before the end of the renewal cycle, and subject to applicable legal requirements for advance notice, subscriptions will automatically renew monthly/annually and be automatically charged from the payment method on file in your account.
  5. How to cancel subscription: You may click the "Cancel Subscription" button on the account management page or send a cancellation email request at any time before renewal. No refund of paid service fees will be made for mid-cycle cancellations.
  6. Payment Channels: All paid orders are settled through our cooperating third-party payment service providers. Each transaction is also subject to the corresponding payment service provider's own "Service Agreement" and "Privacy Policy". We cannot intervene or adjust the rule systems of third-party platforms. We will publish a list of all cooperating payment institutions and links to their corresponding agreements, and we recommend that you carefully read the relevant rules before completing payment. We will not collect, store or parse sensitive information of your payment accounts such as bank cards and debit cards; payment information is only used for identity verification, activation and normal use of paid benefits. The billing, identity and payment information you submit to third-party payment platforms must be true, complete and valid, and you promise that you legally hold and are authorized to use such payment settlement instruments. By clicking "Subscribe", "Confirm", "Agree" or similar confirmation buttons on the settlement page, you constitute a legally valid electronic signature; online electronic payment transactions have the same legal binding force as offline physical card transactions.
  7. Payment Information Update: Your issuing bank/payment institution may automatically synchronize and update your new card number information after card renewal due to expiration or replacement after loss. To ensure that your paid services are not interrupted, we may use the updated card number to complete automatic deductions. If you do not wish to enable the automatic card number update service, you may directly contact your account-opening financial institution to turn off this automatic synchronization function; if you need to actively change your payment method, please log in to the account management page to manually complete the payment account switching operation.
  8. The deduction date is subject to the subscription/credit recharge cycle you selected and is displayed on the account management page. In case of deduction failure due to holidays or system failures, as long as you have not initiated a subscription cancellation request, you shall still bear the full amount of the current subscription fees and credit recharge fees payable; after you update valid payment information, we will initiate a supplementary deduction operation. If supplementary deductions still fail to successfully collect the payable fees after multiple attempts, we reserve the right to unilaterally temporarily suspend and even completely terminate all paid service benefits under your name.
  9. Free Trial: We may offer free trial services from time to time. The trial rules are subject to the trial activity description.

(b) Refund Policy

  1. All subscriptions are final transactions and are non-refundable and non-exchangeable, unless the service is not provided or there are material issues.
  2. If you have other questions, you may contact the customer service team to explain the details. Please contact customer service via email: support@makegame.io
  3. Please provide in the email: registered email address, description of the situation.

(c) Changes to this Agreement

We may change this Agreement at any time without prior notice; however, for any material changes that may apply to you, we will endeavor to notify you in advance, including by publishing the revised agreement, which you may be required to accept in order to continue using the services. The revised agreement shall take effect as of the date of publication, unless otherwise specified. Continued use of the services after the effective date indicates your acceptance of the revised agreement. If you find any change to this Agreement or the services unacceptable, your sole remedy is to cease accessing, browsing or otherwise using the services. The terms of this Agreement shall apply to the services we provide to you and all updates thereto, unless such update is accompanied by a separate license agreement or revised agreement, in which case the terms of such license agreement or revised agreement shall prevail. Notwithstanding the foregoing provisions of this subsection (c), any revision to this Agreement shall not apply to any dispute that has arisen between you and us prior to the effective date of the revision.

(d) Privacy Policy

Your access to and use of the services is also governed by the MakeGame Privacy Policy, the terms of which are incorporated into this Agreement by reference.

(e) Governing Jurisdiction

The services are controlled and operated by us from our office location in Hong Kong. Users who choose to access or use the services are responsible for complying with the laws of the jurisdiction where the services are operated as well as local laws (if local laws apply). Access to the services from jurisdictions where the service content or conduct is deemed illegal, unauthorized or subject to penalty is strictly prohibited.

(f) Eligibility to Use

The services are not available to any user whose service access privileges have previously been suspended or terminated by us. To protect the privacy and personal data of minors: (1) For US users, the services are not available to persons under the age of 13 (paid services are not available to persons under the age of 18) or any user whose service access privileges have previously been suspended or terminated by us. If you are under the age of 13, you may not use or access the services without the consent of a parent or legal guardian. (2) For users in other regions, if required by local laws in your country or region, we will obtain the consent of a parent or legal guardian before processing the personal data of minors. Please also note that paid services and social networking features are not available to users below the minimum age requirement we have set for your country or region.

(g) Additional Terms

We may require you to agree to additional terms and/or policies that we provide from time to time in relation to your use of the services ("Additional Terms"). Any such Additional Terms shall apply to and be governed by this Agreement by reference. In the event of any conflict or inconsistency between this Agreement and the Additional Terms, this Agreement shall prevail (only to the extent of such conflict or inconsistency).

2. Registration and Account

(a) Account Registration

You may browse the public portions of the services without registration, but to enjoy the full benefits of the services (including becoming a creator), you must register an account with us ("Account"). For your convenience in using MakeGame, you may also choose to register and log in to MakeGame through a third-party platform account (such as Google). Through this method, we will create a MakeGame account associated with your third-party platform account.

(b) Account Security

You are responsible for the security of your own account and assume full responsibility for all activities that occur under your account. If you suspect or become aware of any unauthorized use of your account or other security breach related to your account, we recommend that you immediately notify us using the contact information in Section 14. We shall not be liable for any loss or damage resulting from unauthorized use of your account prior to your notification to us of such unauthorized use or credential loss. Access to External Websites (as defined in Section 6 below) may require separate login credentials.

(c) Accuracy of Information

When creating an account, you shall provide true, accurate, current and complete information as required by us. You will update your personal information promptly and as necessary to maintain its truthfulness and accuracy. We reserve the right to prohibit, cancel, delete or reassign specific usernames and permalinks where appropriate (as determined by us in our sole discretion). If activities occur under your account that we in our sole judgment may constitute a violation of this Agreement, harm or affect the services, infringe or violate any third-party rights, harm the reputation of MakeGame or negatively impact it, or violate any applicable laws and regulations, we may suspend or terminate your account without prior notice.

3. Intellectual Property Rights

(a) License

Subject to your full and ongoing compliance with this Agreement, we hereby grant you a revocable, non-exclusive, non-transferable, non-sublicensable right and license to access and use the services solely for personal, non-commercial purposes and strictly in accordance with the provisions of this Agreement.

(b) Service Content

Except for User Content, the content we provide to users on or through the services (including but not limited to any text, graphics, photographs, software and interactive features) may be protected by copyright or other intellectual property rights and is owned by us or its third-party licensors (collectively, "MakeGame Content"). In addition, we exclusively own all design rights, databases, compilations and other intellectual property rights (whether registered or not) related to the services and the related goodwill.

(c) Trademarks

The MakeGame trademarks, service marks and logos used and displayed on the services ("MakeGame Trademarks") are registered or unregistered trademarks or service marks of MakeGame. Other product and service names on the services may be trademarks or service marks owned by third parties ("Third-Party Trademarks", collectively with MakeGame Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use such Trademarks to disparage the products or services of MakeGame or third parties, or use such Trademarks in any way that may harm the goodwill of the Trademarks (based on reasonable commercial judgment). Without our prior express written consent, you may not use any Trademark as part of a link to or from any service. All goodwill generated from the use of any MakeGame Trademark shall inure exclusively to us.

(d) Restrictions

We hereby reserve all rights not expressly granted to you in this section. Therefore, nothing in this Agreement or the services shall be construed as granting you, by implication, estoppel or otherwise, any additional license rights in relation to the services or any MakeGame Content or Trademarks displayed therein.

(e) Output Content

If you are a user who has purchased credits or subscribed to paid services, the ownership and ownership interests (including but not limited to all intellectual property rights contained therein, if any) in the artificial intelligence games and other content generated by MakeGame based on your instructions and provided User Content ("Output Content") shall belong to you. If you are a user of free services, all rights, title and interests in the Output Content you generate through the services shall belong to us. Subject to your compliance with this Agreement, we grant you a license to use the Output Content solely for lawful, internal and non-commercial purposes, provided that you must attribute the source to MakeGame in each case.

You acknowledge and agree that you grant us an unrestricted, transferable, sublicensable, irrevocable, non-exclusive, royalty-free worldwide license to allow us to reproduce, distribute, modify, compile, publicly display, communicate to the public, make available, create derivative works, rebroadcast from external websites, and otherwise utilize or use (collectively, "Use") all or part of the Output Content you generate through the services, in any manner and format now existing or later developed, for any purpose, including but not limited to:

  1. Basic Service Purposes: When you choose to publish such content, providing such User Content to other users of the services for their browsing, playing, distribution or other uses expressly permitted by the services; for private game content you set as [Visible Only to Myself], we may only use it for service operation and maintenance, data backup, compliance archiving, and content risk control review, and will not use it for commercial promotion, external display or other additional commercial purposes.
  2. Compliance and Regulatory Purposes: In accordance with the requirements of laws and regulations of various countries and regions, retaining creation logs, audit records, generation traceability data, and completing compliance archiving, audit investigation, infringement complaint handling, judicial evidence production and other related compliance work.
  3. Commercial Operation Purposes: On the premise of not separately selling or separately authorizing your original game content externally, using publicly released game content for platform brand promotion, marketing promotion, official case display, cooperative joint promotion, platform event operation and other commercial operation behaviors.

You further grant us a royalty-free license to use your username and avatar to indicate that you are the provider of the Output Content. You agree to comply with all applicable laws and platform policies to disclose, mark or label any Output Content when it is generated by artificial intelligence.

(f) No Uniqueness Guarantee

Given the nature and characteristics of artificial intelligence and machine learning, the Output Content you generate may have certain similarities with other games created by other users on our platform, accordingly, we do not guarantee that the Output Content you obtain is unique.

You shall pay special attention and be fully aware that due to the particularity and complexity of generative artificial intelligence (AIGC) and the uncertainty of copyright law, we do not guarantee that the Output Content you generate by using our services can be used for copyright registration. You acknowledge and voluntarily assume all risks arising from such legal risks (such as inability to register copyright, etc.) and subsequent adverse changes in laws and regulations.

4. User Content

(a) Rights in User Content

"User Content" means any text, music, images, other content or materials that you upload, publish, generate through the services or otherwise provide (collectively, "generate" and its grammatical variants) to the services. You represent and warrant that you own all rights and interests in such User Content (including but not limited to all copyrights and personality rights contained therein), or have obtained authorization to use such User Content for relevant purposes through license, legal exception or limitation. As a condition of your access to and use of the services, the User Content you provide shall not infringe any intellectual property rights, personality rights or any other legitimate rights. We reserve the right, without notice and at any time in our sole discretion, to remove, block access to and/or terminate any of your User Content and/or your account that infringes or is alleged to infringe any intellectual property rights, personality rights or any other legitimate rights. You represent and warrant that:

  1. You own the User Content you generate on or through the services, or have all necessary rights and licenses to use such User Content and grant the licenses described in this Agreement;
  2. Your generation and use of your User Content on or through the services does not infringe the privacy rights, personality rights, copyrights or any other rights of any individual (including but not limited to the rights of any individual appearing in your User Content);
  3. The User Content you generate on the services does not require us to obtain further licenses from any third party, pay any royalties, fees, remuneration or other amounts, or attribute the source to any third party;
  4. The User Content you generate on the services will not result in a breach of contract between you and a third party. You promise to bear and pay in full all expenses, remuneration and payables arising from the generation, publication and use of User Content, and fully settle all related arrears and authorization fees to any natural person, legal person and other third parties. Subject to the provisions of these Terms of Service regarding platform Output Content, ownership of MakeGame Content and prior legitimate rights of third parties (including but not limited to copyright, trademark right, portrait right, patent right, intellectual property rights, etc.), you legally retain all legitimate rights you enjoy under compliant User Content. Your act of generating User Content within this service shall not be deemed as transferring any intellectual property rights and related rights to us, nor shall it deprive or change your identity as the creator subject to copyright ownership of the corresponding User Content.

(b) License to User Content

By generating User Content on or through the services, you hereby grant us an unrestricted, transferable, sublicensable, revocable, royalty-free worldwide license to allow us to use all or part of the User Content you provide to or generate through the services, in any manner and media format now existing or later developed, for the following purposes, including but not limited to:

  1. Publicity, marketing and promotion of MakeGame and the services;
  2. When you choose to publish such content, providing such User Content to other users of the services for their browsing, playing, distribution or other uses expressly permitted by the services;
  3. Providing the services as authorized by this Agreement;
  4. Other commercial purposes (if any).

You further grant us a royalty-free license to use your username and image (if applicable) to indicate that you are the provider of the User Content. You may not generate on or through the services, or transmit to us any User Content that you consider confidential or proprietary. Any User Content you generate to or through the services, or transmit to us, shall be deemed non-confidential and non-proprietary, and we may use such User Content in accordance with the provisions of this Agreement without notice to you, and we shall not be liable therefor.

(c) Audience Rights

All rights you grant in this Agreement are audience rights, i.e., the owners or operators of External Websites shall not assume any separate liability to you or any other third party for User Content generated or used on such External Websites through the services.

(d) User Content Moderation

This service provides users with functions related to generating, uploading, publishing and transmitting User Content through the platform (including AI-generated games, materials, copywriting and all MakeGame-related content). In principle, we do not perform pre-review obligations for all User Content, but we reserve the right to independently take disposal measures such as removal and deletion, access blocking, publication restriction, forced hiding and termination of display at any time without prior notice to users based on our own judgment.

Under the following circumstances, we have the right to independently dispose of the corresponding User Content without assuming any breach of contract, compensation or other related legal liabilities to the user:

  1. We have reasonable grounds to determine that such User Content violates this Service Agreement, platform community norms, applicable local laws and regulations, or contains pornography, violence, gambling, hate discrimination, infringement piracy, false information, content harmful to the physical and mental health of minors and other bad, illegal or inappropriate content;
  2. Receipt of valid complaints, rights claims or official instructions initiated by other platform users, relevant intellectual property rights holders, MakeGame cooperative authorization entities, judicial organs, and regulatory government departments.

Without limiting the foregoing rights in this section, we have the right (but no mandatory obligation) to take corresponding risk control remedies and governance measures for illegal and inappropriate User Content on the platform. Users explicitly acknowledge and agree that: we do not need to make any express or implied warranty regarding the authenticity, accuracy, completeness, legality, appropriateness, security and availability of any User Content. To the maximum extent permitted by current laws and regulations, users voluntarily waive all losses and related legal liabilities directly or indirectly arising from User Content, and we shall not be liable for compensation and related legal obligations for damages suffered by any user or third party due to User Content.

(e) Inappropriate Content

You shall not and agree not to generate through the services any User Content that is or may be interpreted as:

  1. Abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, offensive, obscene, pornographic, shocking, threatening, fraudulent, illegal, violent, vulgar, involving pedophilia, invading others' privacy (including physical privacy), insulting or harassing based on gender, racially or ethnically offensive, related to or encouraging money laundering or gambling, or inconsistent with or contrary to applicable laws;
  2. Promoting any product, goods or services, or prejudice, discrimination, hatred, intolerance, racism or inciting violence (including suicide);
  3. That which you have no right to use;
  4. Harmful to minors in any way;
  5. Information that is deceptive or misleading;
  6. Threatening the unity, integrity, national defense, security or sovereignty of any country, undermining friendly relations with foreign countries, or disturbing public order, or inciting the commission of any punishable crime, or obstructing the investigation of any crime, or insulting other countries;
  7. Obviously false and untrue, and created or published for the purpose of harassing, misleading others for economic gain, or causing harm to anyone; or obviously false or misleading, but when knowingly and intentionally disseminated, can be reasonably regarded as fact;
  8. Infringing any patent, trademark, copyright, other proprietary rights, publicity rights/personality rights or any other legitimate rights.

In subsections (1)–(8) above, all are determined by us in our sole discretion (collectively, "Inappropriate Content"). Generation of any Inappropriate Content may expose you to third-party claims, and any rights you obtain under this Agreement shall not serve as a defense against any third-party claims arising from your generation of Inappropriate Content. You also agree not to use the services for illegal purposes, including but not limited to impersonating others to commit fraud, stalking any other user or encouraging any user to harm themselves or others. If you encounter any Inappropriate Content on the services, please immediately notify us through Section 14 "Contact Us" or through the functions provided by the services. You acknowledge and agree that our provision of the function for you to report Inappropriate Content is merely for convenience, and we have no obligation to delete or take any other action regarding any Inappropriate Content you report to us. However, we may, at our sole discretion, take any necessary and/or appropriate action against any user who generates Inappropriate Content through the services, including but not limited to warning, suspending or terminating the account, deleting User Content and/or reporting the user directly or indirectly to law enforcement authorities.

(f) Disclaimer

For the avoidance of doubt, we shall not be liable for any unauthorized use of User Content by any user.

5. Service Usage Restrictions

(a) In addition to other restrictions set forth in this Agreement, you shall not engage in the following behaviors when using the services:

  1. Unauthorized reproduction of any content provided on or through the services;
  2. Using any device, software or program to interfere or attempt to interfere with the normal operation of the services, or any activity conducted on the services;
  3. Attempting to decipher, decompile, disassemble or reverse engineer any software or source code constituting or comprising the services;
  4. Unauthorized deletion or modification of any material generated by MakeGame or any other individual or entity on the services;
  5. Embedding links to or linking to any material or information provided on the services;
  6. Tampering with, defacing, destroying or otherwise bypassing any approved software used to provide the services;
  7. Using any trademark, service mark, design mark, logo, photograph or other content belonging to MakeGame or obtained from the services;
  8. Accessing, tampering with or using non-public areas of the services, the computer systems and infrastructure of MakeGame (and its hosting company) or the technical delivery systems of MakeGame providers;
  9. Providing us with any false personal information;
  10. Falsifying identity or impersonating any other person or entity in any way;
  11. If your account has previously been deactivated by us, recreating a MakeGame account without our explicit consent;
  12. Soliciting or attempting to solicit personal information from other users of the services;
  13. Restricting, preventing or hindering anyone from using the services, disclosing personal information without the consent of a third party in information obtained on or from the services, or collecting information about users of the services, threatening, harassing, intimidating or coercing users of the services;
  14. Using the services for any commercial or unauthorized purpose without our explicit consent, including disseminating or assisting in the dissemination of any commercial advertising or solicitation information, or sending spam;
  15. Unauthorized access to the services, accounts, names or personally identifiable information of other users, or access to other computers or websites connected or linked to the services;
  16. Uploading or publishing any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overload, damage, destroy or hijack any hardware, software or telecommunications equipment, or any other aspect of the services or the operation of communication equipment and computers connected to the services;
  17. Interfering with or disrupting the services, networks or servers connected to the services, or violating the regulations or procedures of such networks or servers;
  18. Generating any Inappropriate Content and/or any User Content that violates this Agreement; or using the services to create, distribute or promote any obscene, defamatory, disparaging, privacy-invading, publicity or personality rights-infringing, abusive, harassing, threatening or otherwise offensive or harmful content;
  19. Violating any applicable laws and regulations or the terms of this Agreement.

(b) You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against us, and to the extent permitted by applicable law, agree to indemnify and hold harmless us and our owners, operators, affiliates, licensors and licensees in all matters related to your use of the services.

6. External Websites

The services may contain links to third-party websites ("External Websites") or features to share information with third-party websites. We do not endorse any External Websites or the content provided on such External Websites. All External Websites and any content thereon are developed and provided by others. If you have any questions about the content on such External Websites, you should contact such External Websites. We are not responsible for the content of any External Websites and make no representations regarding the accuracy of the content on such External Websites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Websites, purchase any content from External Websites or subscribe to services offered by such External Websites, you do so at your own risk. You agree that we shall not be responsible for any disputes or risks arising from your use of, participation in, exposure to or interaction with any External Websites.

7. Feedback

Although we are constantly developing and evaluating our own product concepts and features, we understand that product features and services are not perfect. Therefore, we welcome your feedback, comments and suggestions. For feedback, comments and suggestions you send to us, you agree that:

(a)

We have no obligation to review, consider or implement your feedback, or refund all or part of the feedback to you for any reason;

(b)

Feedback is provided on a non-confidential basis, and we have no obligation to keep confidential any feedback you send, or to avoid using or disclosing such feedback in any way;

(c)

You irrevocably grant us a perpetual and unrestricted license to allow us to reproduce, distribute, create derivative works, modify, publicly perform (including audience-facing performances), communicate to the public, make available, publicly display and otherwise use and exploit such feedback and its derivative works without restriction for any purpose, without payment of any fees and without attribution of any source.

(a) Respect for Third-Party Rights

We respect the intellectual property rights of others and attach great importance to intellectual property protection, and we require our users to do the same. Infringement on or through the services will not be tolerated.

(b) Repeat Infringer Policy

Our intellectual property policy is as follows:

  1. Upon receipt of notice from an intellectual property owner or its agent, if we in good faith believe that material provided through the services infringes the intellectual property rights of a third party, we have the right to delete or block access to such material;
  2. Delete any User Content generated through the services by "Repeat Infringers". We define "Repeat Infringers" as any user who generates User Content or feedback through the services and for whom we have received more than two takedown notices for such User Content or feedback. However, we reserve the right to terminate any user's account after receipt of a single infringement claim notice or at our sole discretion.

(c) Procedures for Reporting Infringement Claims

If you believe that the use of any content provided on or through the services infringes intellectual property rights that you own or control, or is alleged to infringe intellectual property rights that you own or control, please send an infringement claim notice containing the following information to our email address support@makegame.io. We may share your infringement claim notice with the user alleged to have infringed the intellectual property rights you own or control, and you hereby consent to such disclosure by us. Your notice must contain the following information:

  1. An electronic or physical signature of the authorized representative of the intellectual property owner;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed, along with proof of intellectual property ownership, such as a copy of the work itself;
  3. A description of the location on the services where you claim the infringing material was found, with sufficient detail to enable us to locate it on the services;
  4. Your address, telephone number and email address;
  5. A statement by you that you have a good faith belief that the infringing material is not authorized by the intellectual property owner, its agent or the law;
  6. A statement by you that the information in the request is accurate and that you are the intellectual property owner or are making the request on behalf of the intellectual property owner.

(d) Action Upon Notice

Upon receipt of notice in the manner specified above, we may block access to or delete the infringing content.

(e) Counter-Notice

If you receive a notice from us, you have the right to provide us with a "Counter-Notice". To be effective, a Counter-Notice must be in writing and provide the following information via our email address support@makegame.io:

  1. Your physical or electronic signature;
  2. The User Content that has been removed or to which access has been blocked, and the location at which the User Content appeared before it was removed or access to it was blocked;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification;
  4. Your name, address, telephone number and email address.

The party submitting a Counter-Notice should consult with an attorney to confirm its obligations to provide an effective Counter-Notice under applicable copyright law.

(f) Reposting Content Based on Counter-Notice

If you submit a Counter-Notice to us in response to an infringement claim notice, we will immediately provide a copy of your Counter-Notice to the person who provided the infringement claim notice and inform that person that we will repost the removed User Content or feedback or cease blocking access to it within 10 business days; unless we receive notice from the person who provided the infringement claim notice that such person has filed an action seeking a court order restraining the user from engaging in infringing activity, we will repost the removed User Content or feedback and cease blocking access to it within 14 business days after receipt of the Counter-Notice.

(g) False Infringement Claim Notices or Counter-Notices

Any person who knowingly makes a material misrepresentation that: (1) claims that User Content constitutes infringement, or (2) claims that User Content was removed or access blocked due to misidentification, shall be liable for damages to the parties harmed by such false statements. We reserve the right to seek damages from any party who submits an infringement claim notice or counter-notice in violation of the law.

9. Limitation of Liability and Disclaimer

This section applies to the maximum extent permitted by law:

(a) We, our affiliates and their respective officers, directors, employees, agents, suppliers and licensors (collectively, the "MakeGame Parties") make no warranties or representations regarding the services and any content provided on the services, including but not limited to their accuracy, credibility, completeness, appropriateness, timeliness or credibility. The MakeGame Parties shall not be liable for the truth, accuracy or completeness of any content on the services or any other information communicated to any user, or for errors, mistakes or omissions therein, or for any delay or interruption of any data or information flow (regardless of cause). As a user, you agree to use the services and any content therein at your own risk. You assume full responsibility for all content you generate to the services.

(b) The MakeGame Parties do not warrant that the services will operate error-free or that the services or any content therein are free of computer viruses or similar contaminating or destructive features. If your use of the services or any content therein results in the need for servicing or replacement of equipment or data, none of the MakeGame Parties shall be liable for such costs.

(c) The services and all content therein are provided on an "as is" and "as available" basis without warranties of any kind. Accordingly, the MakeGame Parties disclaim all warranties, including but not limited to warranties of title, merchantability, non-infringement of third-party rights and fitness for a particular purpose.

(d) In no event shall any of the MakeGame Parties be liable for any special, indirect, punitive, incidental or consequential damages, loss of profits or damages resulting from loss of data or business interruption arising from the use or inability to use the services and any content therein, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if such MakeGame Party has been advised of the possibility of such damages. In no event shall the liability of MakeGame and any other MakeGame Party to you or any third party exceed the greater of the subscription fees you have paid to us and $100 USD.

(e) You acknowledge that MakeGame shall not be liable for the content of any third party or for any defamatory, offensive or illegal conduct of any third party, and that the risk of injury or damage resulting therefrom rests entirely with you.

10. Third-Party Disputes

To the maximum extent permitted by law, any dispute between you and any third party arising from the use of the services (including but not limited to disputes with any operators, copyright owners or other users) shall be resolved directly between you and such third party, and you irrevocably release us from any and all claims, demands and damages (actual and consequential) arising out of or related to such disputes.

11. Indemnification

To the maximum extent permitted by applicable law, you agree to unconditionally defend, indemnify and hold harmless the MakeGame Parties from all third-party claims, civil disputes, administrative investigations, judicial proceedings and all related rights claims; at the same time, you shall bear in full all related expenses arising therefrom, including but not limited to litigation fees, compensation, fines, settlement amounts, reasonable attorneys' fees, notary fees, audit fees, accounting fees and other derivative expenses.

The foregoing indemnification and exemption obligations apply to all disputes and losses arising directly or indirectly from the following matters:

(a) Your violation of this Service Agreement, platform supplementary rules and applicable local laws and regulations;

(b) Your improper access, use, misuse, abuse of platform services and MakeGame-related content, or conduct of related operations beyond the scope of authorization under this Agreement;

(c) All User Content (including AI-generated games, prompt materials, supporting derivative content) generated, uploaded, published and publicly disseminated by your account, including but not limited to intellectual property infringement, portrait rights disputes, illegal content accountability, third-party contract breach disputes and other situations arising from such content.

(d) In the event of the aforementioned third-party liability incidents, the MakeGame Parties shall have the full right to lead the corresponding legal disposal process, including directly initiating recovery, litigation and other compliance legal proceedings against you. You promise to fully cooperate with our dispute handling, response and settlement work, and bear all final costs and legal consequences. Without our prior written consent, you shall not unilaterally make any settlement, compensation, admission of fault or any other disposition act regarding related disputes.

12. Term and Termination

(a) Term

The term of service between you and us shall take effect from the date you first use the services and shall continue until this Agreement is terminated by you or MakeGame.

(b) Termination

You may terminate this Agreement by sending us notice through the contact information in Section 14 to terminate all use of the services. If you wish to delete any of your User Content from the services, you may do so through the permitted functions of the website, but deletion of such User Content will not terminate this Agreement. If you violate any provision of this Agreement, or infringe the rights of third-party copyright owners of any works, we reserve the right, without prior notice and without liability, to limit, suspend or terminate this Agreement and your right to access all or part of the services at any time in our sole discretion. We may also, for any other reason, immediately terminate this Agreement without notice via the email address associated with your account. We reserve the right to change, suspend or terminate all or part of the services at any time without prior notice and without liability.

13. Miscellaneous

(a) This Agreement shall be governed by the substantive laws of Hong Kong, without regard to its conflict of law provisions. Any dispute arising out of or in connection with this Agreement (including any question regarding the existence, validity or termination of this Agreement) shall be submitted to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) pursuant to the HKIAC Arbitration Rules in effect at the time of application, which rules are deemed incorporated by reference in this section. The place of arbitration shall be Hong Kong.

(b) You agree that this Agreement or use of the services shall not create any joint venture, partnership, employment or agency relationship between you and us.

(c) You further acknowledge that by generating User Content, no confidential, fiduciary, implied contractual or other relationship shall arise between you and us other than pursuant to this Agreement.

(d) If any provision of this Agreement is held invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

(e) No failure or delay by us in exercising or enforcing any provision of this Agreement shall be construed as a waiver of such provision or any other provision of this Agreement.

(f) Unless otherwise expressly agreed between you and us, this Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof, superseding all prior or contemporaneous written or oral agreements between the parties with respect to such subject matter.

(g) Section headings are for convenience only and shall have no legal significance.

(h) You may not assign this Agreement or any rights or licenses granted herein, directly or indirectly, without our prior express written consent. We may assign this Agreement (including all rights hereunder) without restriction.

14. Contact Us

If you have any questions about this Agreement or the services, please contact us at support@makegame.io.