TERMS OF SERVICE

THESE TERMS OF SERVICE ( “ TERMS ” ) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND LEMIX GAME ( “ LEMIX, ” “ WE, ” “ US, ” OR “ OUR ” ), WHICH GOVERN YOUR USE OF THE GAME. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOUR AGREEMENT TO THESE TERMS OF SERVICE CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TERMS OF SERVICE, INCLUDING ANY MODIFICATIONS THAT WE MAKE FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICES, DO NOT USE OR ACCESS THE SERVICES.

•  Eligibility

You must be at least 13 years old to use the Game. If you are under 13, you represent that your legal guardian has reviewed and agreed to these Terms on behalf of the minor user.

•  Account

•  In order to access certain features of the Game, you may be required to create an account ( “ Account ” ) and provide certain information about yourself.

•  You are responsible for maintaining the confidentiality of your Account login information, and are fully responsible for all activities that occur under your Account.

•  Lemix reserves the right to suspend or terminate your Account, or restrict your access to the Game, at any time without notice, for any reason or no reason, in its sole discretion.

•  License

Subject to your compliance with these Terms, Lemix grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and use the Game on your device solely for your personal, non-commercial use.

•  User Content

•  You may be able to submit or post comments, photos, videos, and other content ( “ User Content ” ) through the Game. By submitting or posting any User Content, you grant Lemix a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised.

•  You agree that you will not submit, upload, or otherwise make available to Niantic any User Content that:

•  Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

•  Is defamatory, libelous, or invasive of any right of publicity or privacy or moral rights;

•  Contains any material that is unlawful, including but not limited to hate speech or content advocating harm to an individual or group based on their race, ethnicity, national origin, religion, sexual orientation, gender, or disability;

•  Contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment of Lemix or any user of the Game;

•  Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, obscene, vulgar, or invasive of another's privacy;

•  Impersonates any person, business, or entity, including Lemix, or falsely represents your affiliation with any person, business, or entity.

•  Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

•  Using the game for any illegal or unauthorized purposes;

•  Engaging in any activity that interferes with or disrupts the Game;

•  Attempting to circumvent or bypass any measures we may use to prevent or restrict access to the Game;

•  Modifying, adapting, translating, or reverse engineering any portion of the Game;

•  Using the cheaters, hacks, or other unauthorized methods to gain an unfair advantage in the Game;

•  Promoting any unlawful activity, including without limitation the use of illegal drugs

•  Disclaimer of Warranties

THE GAME IS PROVIDED “ AS IS ” AND “ AS AVAILABLE ” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITD TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OR RIGHTS. WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, ERROR-FREE OR THAT ANY DEFECTS WLL BE CORRECTED. YOU ACKNOWLEDGE THAT YOUR USE OF THE GAME IS AT YOUR OWN DISCRETION AND RISK.

•  Limitation of Liability

IN NO EVENT WILL LEMIX, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE GAME, SOFTWARE, OR SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LEMIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, THE TOTAL LIABILITY OF LEMIX, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO LEMIX FOR THE GAME AND SERVICES.

•  Termination

We may terminate your access to the Game or your Account at any time, for any reason or no reason, with or without notice to you. You understand and agree that we will determine your compliance with these Terms in our sole discretion. Any suspected fraudulent abusive or illegal activity may be grounds for termination of your Account, and may be referred to appropriate law enforcement authorities. Upon any termination or suspension, any Content, materials, or information (including User Content) that you have submitted on the Game or that which is related to your Account may no longer be accessed by you.

•  Governing Law

This Agreement will be governed by and construed in accordance with the laws of the People ' s Republic of China ( “ China ” ), without giving effect to its conflicts of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in China for the resolution of any disputes arising out of or relating to this Agreement or the Game.