Welcome to use Heropub software and related services provided by Hero Entertainment (“Game Community Services”). Whether you are a guest/visitor or registered user, this User Terms will govern all your use or access to Game Community Services, including but not limited to our active websites (if any), customer support, community platforms and/or any services provided by Hero Entertainment itself or any third parties being authorized.
We appreciate your careful and prudent reading of the terms and conditions herein so as to ensure that your determination of signing or not will be made on the basis of full understanding.
1. Eligibility
You may use the Game Community Services only if you are at least 13 years of age, agree to these User Terms, and are not an individual prohibited from using the services under the laws of the applicable jurisdiction. We may (not must) allow a minor under 13 to use the Services with consent from his legal guardian TO THE EXTENT PERMITTED BY APPLICABLE LAW AND APPLICABLE THIRD-PARTY PLATFORM POLICIES. IN SUCH CASE, We may ask the legal guardian to provide additional documentation or perform additional actions as part of the verification and approval process pursuant to applicable law. If you do not agree to any of the terms in this User Terms, please do not use or access to the Game Community Services in any way, directly or indirectly.
2. Definition
2.1 “Hero Entertainment" refers to the service provider -- HK HERO ENTERTAINMENT CO., LIMITED. with which you sign this User Terms, and any affiliates or cooperative undertakings that may exist when you receive or use any additional service(collectively known as “we”, “us” or “our” herein).
2.2 “User” refers to the user of Game Community Services , also known as “you” in this User Terms.
2.3 “Heropub” refers to the software of “Heropub” (hereinafter referred to as the “Software””Heropub” in this User Terms, including but not limited to server-side and end-user programs and source codes) legally operated by Hero Entertainment, together with all its documents, all relevant contents and materials such as the official website, as well as all services provided to you by Hero Entertainment in accordance with this User Terms.
2.4 “this User Terms” refers to the User Terms or any other agreement signed by you and us in connection with the Game Community Services, including the current versions and subsequent revised versions of the above agreements and rules. You know, understand and agree that Hero Entertainment reserves the right to modify and revise the terms and conditions of this User Terms at any time. When doing so, we will inform you in a proper way or multiple proper ways, such as announcements on the official website or across the community. When you enjoy services provided by Hero Entertainment, you agree to periodically check the above notices. If you do not agree to the revision or changes to this User Terms, please do not continue to use or access to the services provided by us.
3. Community Account
In order to ensure your smooth use of the Game Community Services, you shall register, reasonably use and properly keep your community account in accordance with this User Terms and our guidelines. And Hero Entertainment will use your account as the credential to provide services to you.
If you use a third-party platform account (e.g Facebook, Google Play, etc) to obtain Hero Entertainment’s services, if any problems arise from your registration or use of the third-party platform account, you shall contact the third party to solve the problems.
3.1 Register the Account
“Community Account” (hereinafter referred to as “community account” or “account”) refers to the user account that Hero Entertainment provides to users for receiving or using Game Community Services. After you fill in the registration information according to the registration requirements of the community account and complete the registration, you will be able to obtain the services provided by Hero Entertainment. Please be aware that if you do not register the community account correctly, or do not log in to your community account, you can simply browse within the community, but cannot obtain all the services provided by Hero Entertainment, such as posting and replying to posts.
3.2 Keep Your Account Safe:
3.2.1 You know, understand and agree that after successful registration of your community account, you will obtain an account and its password for you to keep them safe, and you shall be fully and solely responsible for the account and the password, and all operations related to the account. You should safekeep your community account and the password with no less efforts than protecting your personal property. If you fail to properly keep your account and password and cause damage to you, Hero Entertainment or any third party, you shall bear the adverse consequences and legal responsibilities caused thereby.
3.2.2 Provided that you keep your account and password properly, if you find others used or stole your account and password, please contact us via the official email. When contacting us, you need to provide valid proof in consistence with our guidelines. After receiving your valid proof , we will take corresponding measures according to the specific circumstances. You know, understand and agree that if you fail to provide the valid proof , we have the right to refuse your request. And you shall bear responsibilities for any loss to your or others caused thereby.
3.2.3 Hero Entertainment will try its best to take various technical and management measures to protect the security of your community account. If you find that your account is illegally used, or has security loopholes or has other problems, you should contact us in time and help us deal with such problems in order to protect your legitimate rights and interests.
3.3 Account Management
If there are any illegal activities carried out under one community account, including but not limited to activities against the user behavior norms stipulated in this User Terms, we have the right to take corresponding measures, and the measures we take shall include but not be limited to giving warnings, restricting or prohibiting the use of all or part of the functions, deleting the published content, deleting the account information, banning or cancelling the community account, etc. We will also take appropriate civil, criminal and other legal actions against violations of laws and regulations. And we will preserve relevant information and report to relevant authorities in accordance with laws and regulations. Any adverse consequences and legal responsibilities caused thereby shall be borne by you.
4. Services We Provide
4.1 On the premise that you accept to comply with relevant laws and regulations and provisions of this User Terms, you will access to the following Hero Entertainment’s services:
(1) Obtain Game Community Services application software, including receiving, downloading, installing, using, upgrading, starting, and displaying Game Community Services.
(2) Register and log in to the community account, as well as related services such as account lock-out, account information query, account binding, and account cancelation.
(3) Interactive services such as posting threads and pictures, and replying to posts.
(4) Share content to third-party platforms.
(5) Application message push.
(6)Other services. Use other functions provided or supported by Hero Entertainment.
When using Hero Entertainment’s services according to the above authorizations, you are subject to the relevant user behavior norms stipulated in this User Terms. Otherwise, Hero Entertainment has the right to unilaterally cancel the above authorizations , and the right to handle the illegal account according to the situation.
4.2 The rights not expressly permitted in this User Terms shall be deemed to be unpermitted and shall be reserved by Hero Entertainment. If you need to exercise other rights, you shall obtain a separate written authorization from Hero Entertainment.
4.3 We would like to remind you that the fees to be paid to the network operator for Internet access shall be borne by you.
5. User Behavior Norms
5.1 You know, understand and agree that you are solely responsible for the actions made by you using your community account. Hero Entertainment has the right, depending on the situation, to make rationally independent judgments, and to handle the violations of relevant laws and regulations or provisions of this User Terms. The ways we handle these violations shall include but not be limited to warning, restricting or prohibiting the use of all or part of the functions, deleting the published content, deleting the account information, and banning or cancelling the community account. We will also take appropriate legal actions against any violations of laws and regulations. And we will collect and preserve relevant information and report to relevant authorities in accordance with laws and regulations. You shall solely bear all legal responsibilities caused thereby.
5.2 You know, understand and agree that you shall abide by this User Terms, relevant community management guidelines and other individual service guideline when receiving Hero Entertainment’s services, and shall not infringe upon the legitimate rights and interests of Hero Entertainment and any third party. Hero Entertainment has the right to publish guidelines and warning instructions for users in appropriate places, including introductions of community services, user operation guidelines, methods for correctly use of Heropub, content for expanding users’ rights, content for restricting users’ rights, and ways to carry out community activities and methods for preventing damages. The above user guidelines and warning instructions are part of the rules of service and should be read carefully and followed by all users.
5.3 You are prohibited from directly or indirectly participating in:
(1) Using vulgar remarks, vulgar language, abusive behavior, and verbal harassment towards Hero Entertainment or other users.
(2) Disseminating information or materials that violate ordinary practices, religious beliefs, customs, or social morals of all or part of the public.
(3) Disclosing, providing, spreading, or otherwise make available non-public information about us or other users to third parties.
(4) Publishing or discussing of any content related to account trading or selling.
(5) Publishing discussions on political affairs or any radical statements.
(6) Creating nicknames that are aimed towards mocking or impersonating forum moderators or official staff.
(7) Using inappropriate user nicknames.
(8) Spreading rumors regarding us, disseminating test server content, or misleading other users in the name of speculation.
(9) Publishing posts containing false or misleading content, or any content that may defame Hero Entertainment, Hero Entertainment games, content from Hero Entertainment games, or any third-party posts.
(10) Any inappropriate behavior or remarks that may damage Hero Entertainment's reputation.
5.4 You know, understand and agree that when receiving Hero Entertainment’s services, without the written consent of Hero Entertainment, you shall not carry out any of the following activities:
5.4.1 Activities that profit from all or part of Hero Entertainment’s services.
5.4.2 Activities such as scanning, probing, testing, reverse engineering, reverse assembling and reverse compiling the software, destroying and cracking the software, illegally obtaining source codes of the software, or developing the same or similar network community products as Heropub by means mentioned above.
5.4.3 Activities such as copying, modifying, adding, deleting and forging the contents, data and information of the software.
5.4.4 Activities such as modifying or falsifying the instructions and data in the operation of the software, and adding, deleting or changing the function or operation effect of the software.
5.4.5 Activities such as using, producing, releasing and disseminating third-party software, plug-ins and systems that are not developed or authorized by Hero Entertainment.
5.4.6 Activities that infringe upon the intellectual property rights of Hero Entertainment, such as using, renting, lending, copying, modifying, linking to, forwarding, compiling, releasing or publishing the software’s contents that involve intellectual property rights.
5.4.7 Other activities that are not expressly authorized by Hero Entertainment.
5.5 You know, understand and agree that when receiving Hero Entertainment’s services, if you carry out any of the following activities, Hero Entertainment – depending on the circumstances and in accordance with this User Terms, the rules of service and rules of individual service -- has the right to give you warnings, restrict or prohibit the use of all or part of the functions, delete the published content, delete the account information, ban or cancel the community account, or take other measures. If the circumstances are serious, we will refer the cases to competent administrative, law enforcement or judicial bodies, and investigate for your civil and/or criminal responsibilities:
(1) Publishing, uploading, transmitting, or otherwise disseminating any obscene, indecent, vulgar, pornographic, sexually suggestive, or other objectionable content.
(2) Slandering, ridiculing, stalking, threatening, harassing, intimidating, expressing hate, expressing racial discrimination, or any other act that is objectionable to any part of the community.
(3) Breaching the contractual rights, personal rights, property rights, intellectual property rights, and other rights (including the right to privacy, right of publicity, or trade secret rights) of Hero Entertainment or any third parties.
(4) Stealing other people’s community accounts or virtual goods.
(5) Unauthorized transactions of community accounts or virtual goods.
(6) All kinds of usage of illegal plug-ins. And Hero Entertainment has the right to judge whether you have used illegal plug-ins according to your published content and abnormal performance.
(7) Implying or pretending to be an internal employee of Hero Entertainment or a person with special identity in an attempt to obtain improper benefits or affect the rights and interests of other users.
(8) Activities that disrupt the community or affect the normal operation of services by any means.
(9) Breaches of any provisions stipulated in this User Terms.
(10) Other widely recognized misconduct in the industry.
(11) Allow or assist any third party in performing any actions mentioned above.
5.6 You know, understand and agree that, in order to create a fair and healthy community environment, when you use Hero Entertainment’s services, Hero Entertainment has the right to learn about the RAM of your terminal devices and related programs running simultaneously with Hero Entertainment community by technical means. If any unauthorized programs that endanger the normal operation of Hero Entertainment services are found, Hero Entertainment will collect all relevant information and take reasonable measures to combat them.
5.7 You know, understand and agree that Hero Entertainment has the right to judge whether you have stolen an account, used plug-ins, cheated or carried out other activities in violation of this article of the user behavior norms, based on your user data performance, unless you can provide sufficient and legal evidence to overturn the above judgments. If Hero Entertainment judges that you have carried out the above activities, it has the right to handle your account first, taking measures including but not limited to giving you warnings, restricting or prohibiting the use of all or part of the functions, deleting the published content, deleting the account information, and banning or canceling the community account.
5.8 You know, understand and agree that, if Hero Entertainment finds or receives reports from others claiming that you have carried out activities violating the user behavior norms in this User Terms and other violations of laws and regulations, Hero Entertainment has the right to make judgement independently and adopt technical means first to delete, block or disconnect the link without notice. At the same time, Hero Entertainment has the right to, depending on the nature of your behavior, take measures including but not limited to giving you warnings, restricting or prohibiting the use of all or part of the functions, deleting the published content, deleting the account information, and banning or canceling the community account. And we will investigate for your legal responsibilities depending on the nature of your behavior.
5.9 You know, understand and agree that if any damage to any third party is caused by your violation of this User Terms, rules of service or terms of individual service, you shall be independently liable for any compensation, demand or damage claimed by the third party, and Hero Entertainment shall not bear the joint and several liability with you. If Hero Entertainment suffers any loss therefrom, you shall also compensate for it.
5.10 If you violate the provisions of this User Terms, rules of service and other provisions of individual service, Hero Entertainment and the relevant state agencies or institutions may file a lawsuit against you, fine you or impose other sanctions against you. In this regard, Hero Entertainment has the right to provide assistance to relevant state agencies or institutions and cooperate and provide your personal information and user data to them according to their requirements.
5.11 You further acknowledge that you will respect local practices and traditions, and abide by any applicable laws or local regulations while using our services. You also confirm that you will immediately stop using or accessing our services if required by local laws or regulations.
6. Intellectual Property Rights
6.1 All the intellectual property rights, such as copyright, trademark exclusive right, patent right, patent application right and commercial secrets, and other legitimate rights and interests involved in all the contents of Hero Entertainment services, shall belong to Hero Entertainment, including but not limited to the following contents:
(1) UI designs, software codes, texts, software, audios, pictures, videos, graphics, technologies, information, data, characters, etc. in or involving Heropub.
(2) Texts, graphics or logos indicating the source of the product, such as the texts of “Hero Entertainment” and “Heropub”, graphics, logo of “Hero Entertainment” or “Heropub”, audio, logo of the software developer, and name of the community.
(3) All the contents that appear in the product advertisements.
(4) The entire contents in the E-mail system.
(5) Business information provided to users by Hero Entertainment community services.
(6) Other information and contents provided to you by Hero Entertainment. You know, understand and agree that the above-mentioned contents of intellectual property rights are protected by relevant laws, regulations, rules, treaties and conventions. Without the permission of Hero Entertainment, any person shall not violate the provisions of laws, regulations, rules or provisions of this User Terms when using the above contents of intellectual property rights.
6.2 You know, understand and agree that, in the process of receiving Hero Entertainment’s services, the intellectual property rights of any derivative works or contents created by you using community elements, community materials or other contents provided by Hero Entertainment shall be shared by you and Hero Entertainment. Hero Entertainment has the right to copy, distribute, rent, exhibit, perform, present, broadcast, film, modify, adapt, translate, disseminate through information network, create derivative works and sublicense the above community materials, community contents and creation achievements by itself or authorize its affiliates or third parties to do so.
6.3 You know, understand and agree that, in the process of receiving Hero Entertainment’s services, if you create community materials, community contents or other works without using any community elements, community materials or other contents provided by Hero Entertainment, and when you upload and publish the above contents and works in Hero Entertainment community, your actions of providing, uploading, disseminating or publishing these contents and works means that you authorize Hero Entertainment to enjoy for free the irrevocable and permanent rights to use and profit from the above contents and works, including but not limited to rights of reproduction, distribution, rental, exhibition, performance, presentation, broadcasting, filming, modification, adaptation, translation, dissemination through information network, creation of derivative works, and sublicense. However, this does not affect your retaining of the intellectual property rights of the above contents and works.
6.4 You know, understand and agree that when you publish the community elements, community materials or other contents and works produced by others in the Hero Entertainment community, you shall guarantee that you have obtained the authorization of the right holders. Uploading and publishing these contents and works means that you and/or the right holders you represent authorize Hero Entertainment to enjoy for free the irrevocable and permanent rights to use and profit from the uploaded contents and works. But this does not affect your and/or the right holders’ retaining the intellectual property rights of the above contents and works.
6.5 You know, understand and agree that the community materials, community contents or other works you have published shall not infringe the legitimate rights and interests of any third party or violate the agreement between you and any other third party. Otherwise, the adverse consequences and legal responsibilities arising therefrom shall be borne by you. If any third party claims rights or compensation from Hero Entertainment, Hero Entertainment shall have the right to handle it depending on the actual situation. In case any third party uses your community elements, community materials or other contents or works without authorization, you agree that Hero Entertainment has the right to directly safeguard rights, and the ways for safeguarding rights shall include but not be limited to warning, complaint, lawsuit, and report, and the resulting costs and profits shall be borne/enjoyed by Hero Entertainment.
7. User Information and User Data
7.1 When you receive Hero Entertainment’s services, Hero Entertainment will, in accordance with all applicable relevant laws and regulations, take concrete and effective technical and management measures to ensure the safety of network information, including defense against computer virus invasion and prevention of attack damage, important database backup, saving users’ registration information and operation information, and maintenance of log and other information. We will protect state secrets, commercial secrets, and users’ personal information in accordance with the law.
7.2 When you receive Hero Entertainment’s services, Hero Entertainment will collect, store, use and share your user information in a lawful way for the purpose of providing quality services and protecting users’ information. Hero Entertainment’s collection of your user information shall follow the provisions of this User Terms and relevant laws and regulations.
7.3 For specific regulations on the collection, use and protection of user information, please refer to the Privacy Policy.
7.4 You know, understand and agree that, Hero Entertainment will decide the retention period of your user data in accordance with the law and industry practice.
8. Disclaimer and Limitation of Liability
8.1 Reservation of Rights
8.1.1 You know, understand and agree that when you receive Hero Entertainment’s services, your community account data may be abnormal due to software bugs, version update defects, third-party virus attacks or any other factors. In such circumstances, Hero Entertainment has the right to temporarily freeze your community account. If the data abnormality is found to be caused by abnormal user behavior, Hero Entertainment has the right to restore your community account data to the original state before the abnormality occurs without bearing any responsibility.
8.1.2 We reserve the right to monitor or intervene in user disputes, but it should be clear that the foregoing is not our obligation. Although we may choose to monitor and take action against inappropriate discussions, chat, or any related hyperlinks on our services, you are solely responsible for your own interactions with other users.
8.1.3 By using Hero Entertainment services, you acknowledge and agree that from time to time there may be language or materials accessible on or via Hero Entertainment services, which may be inappropriate, particularly for children, or may be offensive to some users of all ages, races, religions, and gender. You agree that under no circumstances will Hero Entertainment be responsible for the inappropriate behavior or language of such users.
8.2 Disclaimer Clause
8.2.1 You agree that the use of the Hero Entertainment Services is at your own risk. Hero Entertainment provides services on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Hero Entertainment and/or its affiliates, employees, management, managers, directors, and intermediaries provide no warranties of any kind, including but not limited to, warranties of merchantability, correctness, non-infringement, warranties applicable to a particular purpose, whether express or implied, whether in copyright infringement, contract, or otherwise, and regardless of whether or not Hero Entertainment has been notified of such possible liability.
8.2.2 Hero Entertainment hereby makes no warranties, representations or assumes any liability at common law, whether express, implied, oral or written. We make no warranties as to the accuracy or completeness of Hero Entertainment services. In addition, Hero Entertainment does not assume any liability for the following:
i) Any errors, omissions or inaccuracies in our services.
ii) Personal injury, property damage, loss of profits, loss of data, or any indirect, special, incidental, or punitive damages arising from the use of Hero Entertainment services.
iii) Any interruption, suspension, or termination of Hero Entertainment services.
iv) Any errors, viruses, or related hyperlinks transmitted by third parties on or through Hero Entertainment services.
v) Any program that aims to damage, maliciously interfere with, secretly intercept, or delete your personal information.
vi) Any loss arising out of or in connection with unforeseen circumstances or other factors beyond our reasonable control.
8.2.3 Under no circumstances shall Hero Entertainment be liable to you or any third party for any indirect, incidental, punitive, special, or consequential damages incurred (including but not limited to, loss of business, revenue, profits, use of, data, or other economic loss), whether such damages arise from breach of contract or in copyright infringement, even if Hero Entertainment has been notified of the possibility of such damages.
8.2.4 Hero Entertainment is not responsible for the actions of other users or third parties, including but not limited to third-party sites or services accessed through links originating from Hero Entertainment services.
8.2.5 Hero Entertainment has no control over the third-party sites that you can access, including sites linked to our website. Accordingly, Hero Entertainment is not responsible for the content or functionality of other sites, and is not responsible for any aspect of such third-party sites through your direct access or through our websites or software features. The applicable Terms of Service and Privacy Policy of such third-party sites will govern your use of those sites.
8.2.6 Our maximum damage liability (if any) and that of Hero Entertainment's members, employees, staff, directors, consultants, and affiliates will not exceed your direct damages (nor will it exceed all fees paid to us in the three months prior to the date you file a claim with us). The foregoing limitations and exclusions of damages apply even if the legal remedies we make available to you do not constitute full compensation.
8.3 To the maximum extent permitted by applicable law, any claims arising out of or relating to this Agreement and/or Hero Entertainment services must be litigated within a year of becoming aware of the litigation reason, or within a year after the litigated reason has occurred (the event that took place at an earlier time takes precedence). If you do not make your demands known within the allotted time, the claim will be permanently banned.
8.4 Without prejudice to any other rights or remedies that Hero Entertainment may have, you acknowledge and agree that in the event of any threat to or actual breach of this Agreement, Hero Entertainment shall, without proof of special damage, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which Hero Entertainment may be entitled. You irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from Hero Entertainment.
9. Interruption, Alteration and Termination of Services
9.1 You know, understand and agree that, for the normal operation of the software and its server, Hero Entertainment needs to regularly or irregularly repair or maintain the platform providing network services or related equipment, or carry out emergency repair or maintenance in case of emergencies. If Hero Entertainment’s services are interrupted within a certain period of time due to such circumstances, Hero Entertainment shall not bear any responsibility for it. Such circumstances include:
(1) Regular inspection and construction, and software or hardware update.
(2) Server is attacked or damaged and cannot operate normally.
(3) Line fault or other failures of the network supplier.
(4) Other emergencies.
9.2 You know, understand and agree that one or some or all of the functions and services provided by Hero Entertainment may be altered, canceled or terminated according to changes of user requirements, changes of versions, improvement of service provider, and other reasons. We will inform you through notices on the official website or in the community, and you should check these notices in a timely manner. Hero Entertainment reserves the right to alter or cancel one or some or all of Hero Entertainment’s services, and Hero Entertainment shall exercise the above right without any liability to users or third parties.
9.3 To the extent permitted by applicable law, we may take measures to delete your Account and any data records thoroughly with no chance for restoration if you fail to logged in to the account for 365 consecutive days.
10. Law and Jurisdiction
The conclusion, interpretation and performance of the provisions of this User Terms shall be governed by the laws of the People's Republic of China, excluding the application of all provisions of conflict of laws.
Any dispute arising from or in connection with this User Terms shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitration place shall be Hong Kong. The arbitral award is final and binding upon both parties.
Any such arbitration shall be conducted solely by the parties in their individual capacities, and by entering into this User Terms, you and Hero Entertainment expressly waive the right to participate in a class action.
11. Miscellaneous
11.1 Hero Entertainment’s failure to exercise, timely exercise or fully exercise the rights provided in terms of this User Terms or in accordance with laws shall not be deemed as a waiver of such rights, nor shall it affect Hero Entertainment’s exercise of such rights in the future.
11.2 If some of the terms of this User Terms become invalid or unenforceable for any reason, the remaining terms shall remain valid and binding on users and Hero Entertainment.
11.3 The headings and serial numbers in this User Terms are for convenience only and shall not be used as the basis for interpreting this User Terms.
11.4 Hero Entertainment may translate this User Terms into other languages. If there is any difference between the English version and other language versions, then the English version, subject to applicable laws and regulations, shall prevail.
11.5 In case of any inconsistency between this User Terms and local laws of your country or residence, local laws shall prevail and govern.
11.6 If you have any questions or doubts, please contact us in the following ways:
Game community service: heroboxglobal@gmail.com
Released on: December,8, 2022