Terms of Use
These Terms of Use (the "Terms") are an agreement between you and New Generation Games Limited, a company incorporated in Hong Kong under company registration number 3257356, with its registered address at Flat/Rm 7022, Block D, 7/F, Tak Wing Industrial Building, 3 Tsun Wen Road, Tuen Mun, New Territories, Hong Kong ("NGG", "we", "us" or "our").
These Terms govern your access to and use of our website https://ngg.top and of the games, mobile applications, educational products and related services that we publish or operate and that refer or link to these Terms (together, the "Services"). Some Services may be subject to additional terms (for example, game rules, offer terms or event rules). If additional terms conflict with these Terms, the additional terms prevail for the relevant Service.
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Our Privacy Policy explains how we process personal data. The Privacy Policy is a notice and does not form part of these Terms. Accepting these Terms does not mean that you consent to any processing of your personal data.
1. ELIGIBILITY
1.1You must be at least 13 years old, or older if the law of your country sets a higher minimum age for using online services without parental consent. Where a Service is designed for younger children, it may only be used with the consent and under the supervision of a parent or legal guardian.
1.2If you are under the age of majority in your country, your parent or legal guardian must review and accept these Terms on your behalf and is responsible for your use of the Services, including purchases.
1.3By using the Services, you represent that you are not located in a country or territory subject to comprehensive sanctions or an embargo imposed by the United Nations, the European Union, the United States or Hong Kong (including any country designated by the U.S. Government as "terrorist supporting"), and that you are not listed on any sanctions or restricted-party list of those authorities.
1.4If you use the Services on behalf of a company or other organisation (for example, to submit a game for publishing), you confirm that you are authorised to bind it. Provisions of these Terms that protect consumers do not apply to such organisations.
2. ACCOUNTS
2.1Some features may require an account, which may be linked to a third-party platform account (for example, Apple Game Center, Google Play Games or Facebook). You must provide accurate information and keep it up to date.
2.2You are responsible for keeping your login credentials confidential and for activity under your account, unless it results from our fault. Please notify us promptly at info@ngg.top of any unauthorised use.
2.3Your account is personal to you. You may not sell, rent, share or transfer it, except where permitted by mandatory law or by a platform feature that we support (such as family sharing).
3. INTELLECTUAL PROPERTY AND LICENCE
3.1The Services and all content in them, including software, game designs, artwork, audio, text, characters, Virtual Items and trademarks, are owned by NGG or its licensors and are protected by intellectual property laws. No rights are granted to you except as expressly stated in these Terms.
3.2Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services for your personal, non-commercial purposes on devices that you own or control.
3.3Except to the extent permitted by applicable law that cannot be excluded by contract, you must not:
(a)copy, modify, translate, reverse engineer, decompile or disassemble the Services or attempt to derive their source code;
(b)create derivative works based on the Services;
(c)sell, rent, sublicense, distribute or otherwise commercially exploit the Services or Virtual Items;
(d)use cheats, bots, automation software, mods, exploits or any unauthorised third-party software that interferes with the Services;
(e)remove or alter any copyright, trademark or other proprietary notices; or
(f)frame or mirror any part of the Services without our written permission.
3.4Submissions. If you send us a game, pitch, idea or other materials, you keep your rights in them. Unless agreed otherwise in a separate written agreement (such as a non-disclosure agreement), sending materials does not oblige us to review, publish, return or keep them confidential, and does not prevent us from independently developing or acquiring similar products. We may use your feedback about the Services without any obligation to you.
4. VIRTUAL ITEMS AND PURCHASES
4.1The Services may offer virtual currency, items, passes, boosts and other digital content that can be earned or purchased ("Virtual Items"). Virtual Items are licensed to you, not sold, for use within the relevant Service. Unless required by applicable law, Virtual Items cannot be redeemed for money, transferred to another person or used outside the Service.
4.2The price and main characteristics of each offer are shown before you confirm a purchase. Offers and prices may be personalised for you, including on the basis of automated decision-making.
4.3Purchases made through the Apple App Store, Google Play or another platform are processed by that platform under its terms, which govern payment, billing and refunds. Refund requests for such purchases must be submitted to the relevant platform.
4.4Right of withdrawal. If you are a consumer in the European Union, the European Economic Area, the United Kingdom or another country with similar rules, you may have the right to withdraw from a purchase within 14 days without giving a reason. Where you request immediate supply of digital content and acknowledge that you thereby lose your right of withdrawal, that right ends once supply has begun, except where mandatory law provides otherwise. For purchases made through a platform, the right is exercised through that platform. For purchases made directly from us, send a clear statement to info@ngg.top.
4.5Except as required by applicable law or by the policies of the relevant platform, purchases are non-refundable.
4.6Changes. We may update, modify or remove Services, features and Virtual Items for valid reasons, such as game balance, security, technical or legal requirements, or the prevention of fraud or abuse. If a change will negatively affect your access to or use of paid digital content in more than a minor way, we will inform you in advance. In that case you may terminate these Terms free of charge within 30 days after the notice or the change, whichever is later, and receive a refund where required by law.
4.7Discontinuation. We may discontinue a Service on at least 30 days' notice, where reasonably possible. Where required by law, we will refund unused paid Virtual Items.
5. USER CONTENT AND CONDUCT
5.1User Content means content that you upload or share through the Services, such as chat messages, nicknames, profile images and custom assets. You keep ownership of your User Content. You grant NGG a worldwide, non-exclusive, royalty-free licence, sublicensable to our service providers, to host, store, reproduce, technically adapt, publish, display and distribute your User Content solely to operate, provide, improve and promote the Services. The licence lasts while the User Content is available through the Services and for a reasonable period afterwards for backup, security and legal purposes and, where permitted by law, continues for User Content that has been shared with and remains used by other users.
5.2You confirm that you have the necessary rights in your User Content and that it does not infringe any law or third-party rights.
5.3When using the Services, you must not:
(a)post or transmit content that is illegal, defamatory, obscene, pornographic, harassing, threatening, hateful, discriminatory or harmful to minors;
(b)harass, bully, threaten or abuse other users or our staff;
(c)exploit bugs, glitches or unintended game mechanics (please report them to us instead);
(d)buy, sell or trade accounts or Virtual Items for real money or other value outside the Services;
(e)interfere with, disrupt or overload the Services or the networks and servers supporting them, or introduce malware;
(f)scrape, mine or harvest data from the Services without our permission;
(g)send spam or unauthorised advertising; or
(h)impersonate any person or misrepresent your affiliation with any person or entity.
5.4Content moderation. We may use automated tools and human review to detect content and conduct that breaches the law or these Terms. Depending on the severity and frequency of the breach, we may remove content or restrict its visibility, issue warnings, mute, limit features, or suspend or terminate accounts. Where required by law, we will inform you of any restriction, the reasons for it and how you can challenge it. We may suspend, for a reasonable period and after a prior warning, users who frequently post manifestly illegal content or submit manifestly unfounded notices or complaints.
5.5Notices and complaints. Anyone may notify us of content they consider illegal by email to info@ngg.top. The notice should explain why the content is illegal, identify where it is located (for example, the game, username, date and time, or a screenshot), include your name and email address (not required for notices concerning child sexual abuse material) and confirm that the notice is accurate and made in good faith. You may complain about our moderation decisions to the same address within six months of the decision. Complaints are reviewed by a person, not solely by automated means. This does not affect your right to go to court.
6. THIRD-PARTY SERVICES AND ADVERTISING
6.1The Services may include or link to third-party content, advertising, software, login services and payment services. We do not control them, and their own terms and privacy policies apply. We are not responsible for third-party services, except where we are liable under applicable law.
6.2You must comply with applicable third-party terms when using the Services, including the terms of your app store, platform and mobile or internet service provider.
7. SUSPENSION AND TERMINATION
7.1You may stop using the Services at any time and may request deletion of your account through the in-app settings, where available, or at info@ngg.top.
7.2We may suspend or terminate your access to the Services, your account or your Virtual Items, to an extent proportionate to the circumstances, if you materially or repeatedly breach these Terms, act fraudulently or unlawfully, or where this is required by law or by a platform operator, or necessary to protect the security of the Services or other users. We will inform you of the reasons unless the law prohibits it or doing so would compromise security or an investigation.
7.3We may also terminate these Terms for any other valid reason on at least 30 days' notice.
7.4On termination, your licences end and you must stop using the Services. If we terminate for a reason other than your breach, we will refund unused paid Virtual Items where required by law. Sections 3, 5.1 and 8 to 14 survive termination.
8. WARRANTIES
8.1To the extent permitted by applicable law, the Services are provided "as is" and "as available". We do not guarantee that the Services will be uninterrupted, error-free or free of harmful components, and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.
8.2If you are a consumer, you have statutory rights, including, in the European Union, the European Economic Area and the United Kingdom, the legal guarantee that digital content and digital services conform to the contract. Nothing in these Terms limits those rights or any other warranty or right that cannot lawfully be excluded or limited.
9. LIMITATION OF LIABILITY
9.1Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot be limited or excluded under applicable law, including mandatory consumer protection and product liability laws.
9.2Subject to Section 9.1 and to the extent permitted by applicable law, we are not liable for (a) any indirect, incidental, special, consequential or punitive damages; (b) loss of profit, revenue, business or goodwill; or (c) loss that was not reasonably foreseeable when you started using the Services.
9.3Subject to Section 9.1 and to the extent permitted by applicable law, our total liability to you for all claims arising out of or in connection with these Terms or the Services is limited to the greater of (a) the amounts you paid for the Services in the 12 months before the event giving rise to the liability and (b) EUR 100 (or its equivalent in your local currency).
10. INDEMNITY
10.1To the extent permitted by applicable law, you will indemnify NGG and its affiliates, officers, employees and agents against third-party claims, losses and reasonable costs (including legal fees) arising from your breach of these Terms, your User Content or your violation of any law or third-party right, except to the extent caused by our fault. If you are a consumer, this Section applies only to the extent that you are liable for such losses under applicable law.
11. CHANGES TO THESE TERMS
11.1We may amend these Terms for valid reasons, such as changes in law or regulatory guidance, changes to the Services or our business, security reasons, or to make the Terms clearer.
11.2We will notify you of material changes at least 30 days before they take effect, through the Services, on our website or by email. Changes required by law or for security reasons may take effect sooner. Changes that are not material take effect when posted.
11.3If you do not agree to the changes, you may stop using the Services and terminate these Terms before the changes take effect. If you continue to use the Services after the effective date, you accept the amended Terms.
12. GOVERNING LAW AND DISPUTES
12.1These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law rules.
12.2If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country where you habitually reside.
12.3Before bringing a claim, please contact us at info@ngg.top so that we can try to resolve the matter informally. We aim to respond within 30 days. This does not affect your right to go to court.
12.4If you are a consumer residing in the European Union, the European Economic Area, the United Kingdom or another country that grants consumers such rights, you may bring proceedings in the courts of your place of residence or in Hong Kong, and we may bring proceedings against you only in the courts of your place of residence. In all other cases, the courts of Hong Kong have exclusive jurisdiction.
13. APP STORE TERMS
13.1If you obtained an application from the Apple App Store, you and NGG acknowledge that:
(a)these Terms are concluded between you and NGG only, and not with Apple Inc. ("Apple"); NGG, not Apple, is solely responsible for the application and its content;
(b)your licence to the application is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the application may be accessed by other accounts associated with you via Family Sharing or volume purchasing;
(c)Apple has no obligation whatsoever to provide any maintenance and support services for the application;
(d)if the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the application to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are NGG's responsibility, subject to these Terms;
(e)NGG, not Apple, is responsible for addressing any claims by you or any third party relating to the application or your possession or use of it, including product liability claims, claims that the application fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar legislation;
(f)NGG, not Apple, is solely responsible for the investigation, defence, settlement and discharge of any third-party claim that the application or your possession or use of it infringes intellectual property rights;
(g)you make the representations set out in Section 1.3 and must comply with applicable third-party terms (Section 6.2); and
(h)Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
13.2If you obtained an application from Google Play or another store, the operator of that store is not a party to these Terms, and its terms and policies apply to your download and purchases.
14. GENERAL
14.1These Terms, together with any additional terms referred to above, are the entire agreement between you and NGG regarding the Services.
14.2If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any provision is not a waiver of it.
14.3We may transfer our rights and obligations under these Terms to an affiliate or to a successor of our business, provided that this does not adversely affect your rights under these Terms. You may not transfer your rights or obligations without our prior written consent.
14.4Except for Apple and its subsidiaries under Section 13.1, no person other than you and NGG has any right to enforce these Terms, whether under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) or otherwise.
14.5We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
14.6These Terms are written in English. Any translation is provided for convenience only, and the English version prevails in case of conflict, except where mandatory law provides otherwise.
14.7We may communicate with you through the Services, on our website or by email.
15. CONTACT DETAILS
Company: New Generation Games Limited
Company registration number (Hong Kong): 3257356
Registered address: Flat/Rm 7022, Block D, 7/F, Tak Wing Industrial Building, 3 Tsun Wen Road, Tuen Mun, New Territories, Hong Kong
Email: info@ngg.top