Terms of Service
Last modified: September 8, 2023
Please note that Top up Terms of Service together form a legal document that explains your rights and obligations as a user of Top up from【JUST OKAY LIMITED】, a corporation duly established under the laws of Hong Kong, with its registered address at【6/F Manulife Place, 348 Kwun Tong Road, Kowloon, Hong Kong.】.
To use Top up services, including accessing to the website of Top up at https://www.gamingvirtual.shop and use of any services of Top up Software, you shall read and abide by the Top up terms of service (hereinafter referred to as the “Terms”). Please be sure to carefully read and fully understand the content of each clause, especially those involving waiver or restriction of liabilities, terms of jurisdiction, applicable laws, and separate agreements on the provision or use of a certain service. Clauses involving waiver or restriction or liabilities, and/or those involving your major rights and interests may be underlined or in bold for your attention.
Unless you have read, fully understood and accepted all the terms and conditions of the Terms, you have no right to use Top up services. If you use Top up services or accept the Terms in any other express or implied manner, it shall be deemed that you have read and agreed to enter into the Terms. The Terms shall come into legal effect between you and Top up and constitute a legal document binding on both parties.
If you are under the age of 16 (or other legal age defined as an adult in your jurisdiction), please read the Terms with your legal guardian(s) and pay close attention to provisions regarding minors.
To learn more, you may review the corresponding provisions through the following index:
1.USER REGISTRATION; APPLICATION OF TERMS; YOUR ACCOUNT
2.SOFTWARE-BASED SERVICE OF Top up APPLICATION
3.Top up SERVICE
4.BILLING, PAYMENT AND OTHERS
5.INDIVIDUAL SERVICE
6.YOUR RIGHTS AND OBLIGATIONS
7.INTELLECTUAL PROPERTY RIGHTS
8.PERSONAL INFORMATION PROTECTION
9.DISCLAIMER
10.LIMITATION OF LIABILITY
11.JURISDICTION AND APPLICABLE LAW
12.MISCELLANEOUS
1.USER REGISTRATION; APPLICATION OF TERMS; YOUR ACCOUNT
You become a user of Top up ("user") by completing the registration of a Top up user account. Our service is not intended for children under 13, and we will not knowingly collect personal information from children under the age of 13 or otherwise specified by the laws and regulations of your country or region of residence.
You shall be liable for any action performed using your Top up account, including taking reasonable measures to protect the security of your account.
1.1 Scope
(1) The Terms are entered into between users and Top up with respect to using Top up services.
(2) The services under the Terms refer to Top up App-related services and other network services that Top up is currently providing and may provide to you in the future (“services”).
(3) The Terms include the Privacy Policy, as well as separate terms, operating rules and community management regulations, etc. (hereinafter collectively referred to as "Separate Terms") governing a certain Top up service you are using, which, once issued, shall be an integral part of the Terms, and which you shall also read and abide by. If you use services involved in any of the said Separate Terms, it shall be deemed that you have agreed to accept and abide by the Separate Terms and the Terms.
1.2 Top up Account
(1) If the information you provide during the Top up account registration process is inaccurate, untrue, or contains illegal or harmful information, Top up has the right to deny your registration request and terminate Top up services provided to you. If you obtained an account by providing false information, or your registration information contains illegal or harmful information, Top up has the right to notify you to make corrections within a specified period, suspend or revoke your account accordingly. If you have obtained an account by using the identity of a third party without that party’s authorization, including an affiliate or celebrity, Top up has the right to terminate the account and report your conduct to the local government or other authorities.
(2) You may not reveal, share, transfer or otherwise allow others to use your password or account except as otherwise specifically authorized by us. If you believe that the confidentiality of your account information may have been compromised, you must notify us via email (ldshop666888@gmail.com). We may ask you to provide a valid personal identification consistent with your registration information.
(3) You may not sell or charge others for the right to use your account, or otherwise transfer your account. Nor may you sell, charge others for the right to use, or as otherwise specifically permitted by Top up. If your Top up account activates more than five devices within a certain period, we may terminate your account or place your account on hold in order to protect you, us or our partners from identity theft or other fraudulent activities.
(4) You understand and agree that, except for the rights enjoyed by the relevant holder in accordance with the law, the data and record generated by your use, including but not limited to the Top up account, login, activity, purchase records, and related statistics, etc., shall belong to Top up. In the event of a dispute, the data provided by Top up shall prevail.
(5)You understand and agree that, termination of your account also terminates your access to or use of the Service and any license or rights granted under these Terms. If you want to terminate or disable your account, you may submit your account deletion request by contacting us at 【ldshop666888@gmail.com】. Once your account is deleted, you will not be able to reactivate your account or retrieve any information or content in connection with the deleted account.
2.SOFTWARE-BASED SERVICE OF Top up APPLICATION
Some of LDShop’s services may include downloadable software. If you need to use services provided by the software, you shall abide by the following:
2.1 You may need to download software when using the services of Top up. We will grant you a personal, non-transferable and non-exclusive license. You can use the software only to access or use services.
2.2 From time to time, Top up may update the software to improve your experience, ensure the security of the service and consistency of product functions. You are recommended to update the software to the latest version; otherwise Top up can not guarantee the software will operate as intended.
2.3 Top up may develop different software versions for different terminal devices. You shall choose the appropriate version to install. You may obtain the software directly from our website, or from a third party authorized by us. If you obtain software or an installer program with the same name as the software from a third party not authorized by Top up, we cannot guarantee that the software can be used normally and will not be responsible for any losses incurred by you.
3.Top up SERVICE
3.1 Some of Top up services are fee-based. If you use such services, please abide by the applicable agreement or provisions. If you fail to pay such fees on time and in full, Top up has the right to suspend or terminate such service.
3.2 You agree and understand that Top up or third parties may send you advertisements or promotional information (including commercial and non-commercial information) when providing services.
3.3 We may modify or change the rate and method of payment as needed. We may also start charging fees on free services. Before making such modifications, changes or commencing fees, Top up will issue a notice or announcement on the relevant service screen. If you refuse to accept such modifications, changes or paid content, you shall stop using such services.
3.4 We may provide you with an option to close one-time advertising information, but you shall not block or filter advertising information at any time in a manner that is not set forth in the Terms or without LDShop’s prior written consent.
3.5 Top up may upgrade, optimize, change, interrupt, suspend or terminate services.
3.6 You understand and agree that Top up has the right to make decisions regarding its own operational strategy. If Top up is subject to merger, division, acquisition or asset transfer, Top up may transfer related assets under the service to a third party; Top up may also have a third party operate or perform part or all of services under the Terms after providing you with prior notice. The transferee shall be subject to the notification of Top up.
3.7 Top up reserves the right to suspend or terminate services provided to you without notice for safety reasons or in other necessary circumstances.
4.BILLING, PAYMENT AND OTHERS
4.1 Payment Authorization
(1) You can purchase Digital Product through payment channels available to you on the Site. The price for purchasing Digital Product is solely determined by Top up or the Publishers and will be displayed on the Site at the point of purchase. We can change the prices at any time and you understand that we do not provide any price protection or refund in case of price reduction. The currency applicable to your payment may depend on various factors (e.g., the jurisdiction where you make the purchase). Digital Product is of no monetary value and cannot be redeemed or exchanged for cash, cash equivalent, legal lender, legal currency, or any other property.
(2) When you provide payment information to us or to one of our payment processors, you represent to Top up that you are the authorized user of the card, PayPal or account associated with that payment, and you authorize us to charge your credit card or to process your payment with the chosen third-party payment processor for any purchase or other fees incurred by you.
(3) You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to order or purchase items at prices not applicable to your location, or for any other purpose. Failure to do so means Top up may terminate your access to your account.
4.2 Responsibility for Charges Associated with your account
As the account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone else using your account, including your family members or friends. If you cancel your account, Top up reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before Top up will allow you to register again.
4.3 Third-Party Sites
We may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any service or other fees that you may pay to Top up. Top up makes no representation or warranty that any service offered via third-party vendors will not change or be suspended or terminated.
4.4 NO REFUND
(1) Please be sure the Digital Product is right for you before purchasing. Top up does not support refunds to the maximum extent permitted by laws and regulations. Users are solely responsible for confirming that their devices are compatible with the products they purchase. All Digital Products purchased are final, non-refundable and non-returnable. We do not offer refunds or exchanges for the incorrect purchase of Top up Service, including due to compatibility issues.
5.INDIVIDUAL SERVICES
5.1 In order to provide you with comprehensive, sound and quality service, Top up may provide you with other individual services, including but not limited to live broadcasts, cloud games, Tap accelerator and videos. You have the right to decide whether or not to use them.
5.2 The aforementioned individual services may be subject to a separate agreement. Unless you have fully read, understood and accepted all the terms and conditions of the separate agreement, you have no right to use certain individual services provided by Top up.
5.3 When you use products or services provided by a third party on the Top up platform, you shall comply with the user agreement entered into with the third party in addition to the Terms. Top up and the third party shall each take their respective responsibilities for any dispute to the extent as defined by law or agreed upon by both parties
5.4 You should understand the rating information is decided by the third party service provider, Top up is not responsible for the rating information.
6.YOUR RIGHTS AND OBLIGATIONS
6.1 Unless otherwise agreed upon with Top up, you agree that the services under the Terms are only for your personal, non-commercial use.
6.2 You shall use services in a manner defined or approved by Top up. The rights available to you under the Terms shall not be transferable.
6.3 You shall not use any plug-in, add-on or third-party tool not authorized by Top up to interfere with, destroy, modify, or exert other influence on the services under the Terms.
6.4 If Top up has reason to believe that your conduct is or may be in violation of the aforementioned, Top up may, at its sole discretion, suspend or terminate services without a prior notice, and pursue legal actions. If there are special laws and regulations in the area where you are located, such laws and regulations shall prevail.
6.5 When you use Top up services, you promise to abide by the local laws and regulations, and you shall not use the service to engage in illegal activity.
6.6 If Top up discovers or is informed that the information you posted or published is in violation of the Terms or the laws, Top up has the right to decide at its sole discretion and take technical measures to delete, block or disconnect relevant links to the information. Additionally, Top up has the right to take measures as appropriate, including but not limited to suspending or terminating services, restricting, suspending or terminating your account, and you shall bear full responsibility solely (including but not limited to property damages, reputational damage, legal fees, attorney fees, notarization fees, transportation fees, and other reasonable expenses).
6.7 You shall refrain from involving Top up in any political or public incident when you use any service hereunder; otherwise Top up has the right to suspend or terminate such service provided to you.
7.INTELLECTUAL PROPERTY RIGHTS
7.1 We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the services, you agree not to infringe upon intellectual property rights (including but not limited to software, websites and applications, text, pictures, audio, video, charts) of any party while using the services. For example, agreeing not to upload any content that is the property of someone else to the services.
7.2 Services and all title, ownership rights, intellectual property rights, neighboring rights and other rights and interests in and to the game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the game, individually or in combination) are owned by us or our licensors and are protected by American, Singaporean and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the game or service unless our terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the game in whole or in part. We reserve all rights in games and services we owned and licensed that are not expressly granted to you in this EULA or Terms. You acknowledge that we and/or third-party content providers remain the owners of all materials posted in the game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
7.3 UGC (User-Generated Content) means any form of content such as creation work, feedback, suggestions, comments, ideas, software, code and/or any other information that you provide, publish, or otherwise communicate directly or indirectly to us regarding the Top up services and platform.
7.4 By uploading or contributing the UGC, you (“licensors”) grant to Top up (“licensee”), an irrevocable, non-exclusive, perpetual, transferable, assignable, worldwide, sublicensable, royalty-free license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, extra fee or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC in games and Top up services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Top up services without further notice, attribution, or compensation to you.
8.PERSONAL INFORMATION PROTECTION
8.1 It is our policy to protect your personal information. Top up will collect, use, store and share your personal information in accordance with the Terms and the Privacy Policy. If the personal information protection provisions of the Terms conflicts with those in the Privacy Policy, and the Terms does not expressly provide for protection of personal information, the Privacy Policy shall prevail.
8.2 We may disclose your personal information for legal reasons as required.
9.DISCLAIMER
9.1 You understand and agree that when you use the services, the service may be disrupted due to force majeure or other risks. For the purposes of the Terms, “force majeure” refers to an event that cannot be foreseen, overcome or avoided and has material effects on a party or both parties hereto, including but not limited to natural disasters, e.g. flood, earthquake, epidemic and storm, and social incidents, e.g. war, riot, government action, etc. When such event occurs, Top up will make its best efforts to cooperate first with the relevant organizations to make repairs in a timely manner, but Top up shall be exempt from any losses caused to you by such event to the extent as permitted by law.
9.2 Prior to completing the registration, you shall consult the product information made available on Top up, including the subscription description, minimum technical requirements, and user reviews.
10.LIMITATION OF LIABILITY
THIS SECTION LIMITS WHAT YOU CAN RECOVER FROM US IN A DISPUTE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTY WILL NOT BE LIABLE IN ANY WAY FOR ANY:
(1) LOSS OF PROFITS
(2) LOST REVENUE
(3) LOST SAVINGS
(4) LOSS OF DATA
(5) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties, or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and the Terms will not prejudice such rights that you may have as a consumer of the services.
11.JURISDICTION AND APPLICABLE LAW
11.1 Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable law of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court or similar court), these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the LAWS OF HONG KONG (EXCLUDING CONFLICT OF LAW).
11.2 THESE TERMS OF SERVICE SHALL BE GOVERNED BY THE LAWS OF HONG KONG SPECIAL ADMINISTRATIVE REGION AND THE GENERAL INTERNATIONAL BUSINESS PRACTICES AND / OR INDUSTRY PRACTICES SHALL BE REFERRED TO WHERE THERE ARE NO APPLICABLE LAWS OR REGULATIONS.
11.3 IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND Top up, IT SHALL BE SETTLED FIRST THROUGH AMICABLE NEGOTIATION; IF SUCH NEGOTIATION FAILS, YOU AGREE TO SUBMIT THE DISPUTE TO HONG KONG INTERNATIONAL ARBITRATION CENTRE (HKIAC) FOR ARBITRATION. ARBITRATION SHALL BE MADE IN ENGLISH.
11.4 YOU AND Top up AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. MOREOVER, IF THE DISPUTE OF THE PARTIES IS RESOLVED THROUGH ARBITRATION, THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
12.MISCELLANEOUS
12.1 Top up has the right to modify the terms of the Terms as needed. You may find the latest version of the Terms on the service pages.
12.2 If you continue to use our services after amendment of the Terms, you shall be deemed to have accepted the amendment. If you refuse to accept the amendment, you must stop using software or services provided by Top up.
12.3 The headings of articles herein are for convenience of reading only and shall not be used to interpret the Terms.
12.4 If any provision of the Terms is held partially invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and binding upon both parties.
12.5 If you have any comments or suggestions on the Terms or the service hereunder, you may contact Top up Customer Service for assistance via email address【ldshop666888@gmail.com】.