User Agreement

1．Introduction
Welcome to use Color Painting!
Color Painting (hereinafter referred to as “this Product”) is a game product developed, operated and managed by Mintgames Team. (hereinafter referred to as “Mint.”, “we” or “us”). The “Color Painting User Agreement” (hereinafter referred to as “this Agreement”) is an agreement between you and us regarding your registration, and use (hereinafter collectively referred to as “Use”) of this Product and related services. In order to better provide you with products and services, please be sure to read and fully understand this agreement before starting to use this
Product. In particular, please refer to the terms and conditions of the exemption or limitation of liability, the terms of the right licensing and information use, and the agreement to open the product. And the use of special individual service terms, applicable laws, and dispute resolution provisions. Among them, important contents such as exemption or limitation of liability clause will be highlighted in bold form, you should focus on reading. This agreement constitutes a legally binding agreement between you and us regarding this product and your use of this Product. Do not use this Product unless you have read and accepted all the terms of this Agreement. If you do not agree with this Agreement, we will not be able to provide normal service for you. Once you use this Product, you are deemed to have read and agree to be bound by this Agreement and other agreements and rules related to this agreement (including but not limited to “Color Painting Privacy Policy”).
This Product is not intended for minors under the age of 16 (or the minimum age set by the domestic law of EU member states). If you are younger than 16 years, you can only download this Product and play them on your device, if your parent(s) or legal guardian have/has reviewed this Agreement and allowed you to do so subject to this Agreement.
2．About Mint Games
Mint Games is a collection of mobile games (including this Product) launched by Mint, which includes stand-alone casual, medium and heavy network games and other different types of games to provide users with high-quality game services. In addition, Mint Games also provides a complete set of solutions to ensure security and privacy, and provide users with a safe and secure gaming environment.
As one of Mint Games, this Product mainly includes the following features:
1) Game Logic Function: This function can record the progress of your game and avoid users from repeating the boring experience caused by starting the game from scratch.
2) Statistics function: We will record the user’s operations in the game, such as recharge, game progress, click to close the number of pop-ups, the player’s time in the game, the game crashes and so on. Based on these data, we can continuously optimize and improve our games to bring you a better experience.
3) Leaderboard function: The recorded game scores are compared with the game players of the product and different rewards are issued for you.
4) Sharing function: Invite your friends to play and experience the fun of the game.
5) Sign-in function: We have regular check-in and bonus settings and will issue different rewards for you based on your check-in status.
6) Pre-activation service: In order to strictly comply with the laws and policies of the relevant countries or regions, we provide a pre-activation service to determine the country or region in which the user is located. The user can also manually select the country or region where it is located. We will record the user’s choices on the server and try to avoid providing users with features or versions that do not meet your preferences.
In order to provide you with free and high quality services, we will display advertisements during your use of this Product. At the same time, you can choose to display personalized or non-personalized ad. If you choose not to display personalized ads, you will still see the advertising content, but it may be less relevant to your interests.
3．Third-party products and services
3.1. Through your Use of this Product, you may be exposed to the products or services provided by third parties in the following ways:
1) Embed links: Some functions in this Product need to provide services for users by embedding service links provided by third parties, including using third-party account login functions.
2) Jump link: Some functions in this Product needs to provide services for users through jump links, including jump to third-party login functions.
3) Embed third-party services: In the product, some functions need to provide services for users by embedding third-party services. These third-party services include services for statistical group information and anti-cheating, and services for recommending personalized advertisements. Services used to link accounts, etc.
4) Using the system interface: Some functions in the product need to use the system interface to provide services for users. For example, the leaderboard function needs to use the external API provided by the Android system.
3.2. You understand that third parties operating such services may require you to provide personal data. Mint may provide you with these agreements and rules in an eye-catching manner when you plan to use the aforementioned one-way services for your review and consent. Once you start using the above services, you are deemed to understand and accept the relevant agreements and rules regarding individual services. Mint reminds you that you must carefully read these third-party user agreements, privacy policies, and other related documents, provide personal data according to your needs, and properly protect your personal data. If you have any dispute arising from your use of a third-party product or service, or if you suffer any loss, you must solve it by yourself and the third party. Mint shall not be liable for any such disputes or losses.
4．Software Licensing and Use
4.1. Permissible range of this product
Mint grants you a worldwide non-transferable, revocable, non-exclusive non-commercial license to use this product (“License”). The sole purpose of the License granted is to enable you to use this product in the manner permitted by this Agreement. You agree to use this Product solely for the personal and non-commercial purposes permitted by this Agreement and any applicable laws, regulations or generally accepted practices, guidelines in the relevant jurisdiction.
All other rights not authorized by this Agreement are still reserved by Mint. You should obtain our written permission before using these rights. If Mint does not exercise any of the aforementioned rights, it does not constitute a waiver of that right.
4.2. Obtaining, installing, updating and uninstalling this product
You can obtain this product through pre-installation and download from authorized third parties of Mint. If you obtain this Product or an installer with the same name as this Product from a third-party that is not authorized by Mint, Mint cannot guarantee the normal use and the loss you suffer is not related to the Mint.
We have developed different versions for different terminal devices. You need to obtain, download, and install the appropriate version based on the actual device status.
In order to better improve the user experience and services, we will provide an updated version of this Product from time to time (including but not limited to software upgrades, replacements, new feature development and, etc.). You can use any of the fore-mentioned updates as needed. After some or all of the outstanding copies of this Product is updated, we will prompt you in an appropriate manner (including but not limited to system prompts, announcements, post letters, etc.) to choose to accept the updated version or not. If you choose not to update, some of the features of this Product may be limited or not function properly.
If you no longer use this product, you can uninstall the application software of this product yourself. Considering that we are not unilaterally aware of your uninstallation, your personal data may continue to be stored on servers after you uninstallation. If you want us to delete your personal data after your uninstallation, we suggest that you send us a request before your uninstallation. We will respond to your request in accordance with the procedures disclosed in the Color Painting Privacy Policy.
5．User notes
5.1. Authenticity of User Personal Information
You can use some functions of this product without registering an account. If you want to fully experience the various functions of this Product, you need to register a third-party account. You confirm and guarantee that all information (including but not limited to third-party account number, mobile phone number, contact address, email address, etc.) submitted at the time of registration is true, accurate, legal, complete and valid and is your own information. If you change your registration data after registering an account, you should update the registration information in a timely manner.
If the information you submit is inaccurate, untrue, illegal, or if Mint has reasonable grounds for suspecting false or illegal information, then Mint has the right to refuse to provide you with related functions.
5.2. Specifications of the product
You shall be responsible for your use of this product and use the product within the scope of this Agreement. You may not use this Product to perform the following activities:
1) Copying, changing, reverse engineering, disassembling, decompiling, , attempting to export its source code, decoding, and other analysis or copying of this Product’s source code, ideas, etc.;
2) Use any plug-in, plug-in, system, or third-party tool that is not authorized or licensed by Mint Games to interfere with, disrupt, modify, or exert other influences on the normal operation of this Product;
3) Use or make any product-based computer network security activities, including but not limited to: use of unlicensed data or access to unauthorized servers/accounts; unauthorized access to public computer networks or other people’s computer systems and deletion, modify, and increase the storage of information; without permission, attempts to detect, scan, test the weaknesses of the system or network of the product or other activities that undermine the security of the network; attempt to interfere in or disrupt the normal operation of the system or network of the product, and intentionally spread the malicious program Or viruses and other damage to the interference of normal network information services; fake TCP/IP packet names or partial names;
4) Use of this Product to infringe other people’s intellectual property rights, portrait rights, privacy rights, reputation rights and other legal rights or interests;
5) Engaging in other violations of policies and regulations, public order and good practices, and infringement of the lawful rights and interests of other individuals, companies, social groups, and organizations.
5.3. Liability for breach of contract
In the event of your breach of this agreement or other terms of service, Mint has the right to independently determine and terminate your Use of this Product without prior notice. For activities suspected of violating laws and regulations and suspected of committing illegal crimes, Mint will keep relevant records, report to relevant competent authorities in accordance with the law, cooperate with relevant competent authorities to investigate, and have the right to pursue your relevant legal responsibilities.
6．Indemnity
You agree to defend, indemnify and hold harmless Mint (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of this Product, (ii) your User Content, or (iii) your violation of this Agreement. Mint reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Mint and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Mint. Mint will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7．User privacy protection
Mint respects and is committed to protecting your personal privacy. You can read our “Color Painting Privacy Policy” to understand how we handle your personal data and the ways you can access and control your personal data.
8．Declaration of rights
8.1. Mint enjoys corresponding legal rights to information contained in this Product protected by intellectual property or other laws and regulations, including but not limited to ownership, intellectual property (regardless of whether such rights have been registered, and anywhere in the world) and other related interests. No one may use (including, but not limited to, monitor, copy, transmit, display, mirror, upload, download, or use) any robots, spiders, etc., copy, or use for any other purpose without the written permission of Mint.
8.2. Mint provides technical support for product development and operation, and enjoys all rights within the scope permitted by laws and regulations for all data and information generated during the development and operation of this product.
8.3. When using this Product, you shall in no way cause any damage to the proprietary rights of Mint and/or its licensors, for example, you shall not use trademarks, names or logos in such a way as to confuse the owners or the authorized users of any persons’ trademarks, names or logos.
9．Fees
9.1. In-app purchases.
1）Mint may license to you certain virtual goods to be used during your Use and which you may purchase with real cash or which you may earn or redeem via your gameplay (“Virtual Items”). Virtual Items are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
2）Mint may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
3）The transfer of Virtual Items is prohibited, except where expressly authorized by Mint.
4）Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real world money. Neither Mint nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Mint has no liability for hacking or loss of your Virtual Items.
5）Price and availability of Virtual Items are subject to change without Mint’s prior notice.
6）Subject to mandatory legislation, all purchases and redemptions of Virtual Items made through your Use are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for your Use is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started.
7）Subject to mandatory legislation, you agree that Mint is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under these Agreement was voluntary or involuntary.
8）If you request that your personal data to be erased as specified in Color Painting Privacy Policy, you will permanently and without a right to a refund lose all your Virtual Items as Mint can no longer associate such Virtual Items with you.
9.2 YOU ACKNOWLEDGE THAT Mint IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.
10．Subscriptions
10.1. Subscriptions
1) Your Use of some parts of this Product are billed on a subscription basis (“Subscription(s)”). Subscription provides access to dynamic content or services from within this Product on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in this Product (“Subscription Period”). Payment will be taken from Your iTunes or Google Play account (“Account”) when You confirm the Subscription by available confirmation tools of this Product.
2) Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in this Product. If you do not cancel the Subscription within such period, Subscription fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. Mint cannot cancel your free-trial subscription if it has already been activated.
3) Subscription is automatically renewable, unless you turn off it at least 24 hours before the expiry of the current Subscription. Subscription fee shall be taken from Your Itunes or Google Play account during 24 hours preceding the expiry of the current Subscription. In case Subscription fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled.
4) Once you have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Itunes or Google Play account setting. You cannot cancel Your current Subscription if it has already been activated.
5) Except when required by law, paid Subscription fees are non-refundable.
6) Mint in its sole discretion and at any time may modify the Subscription fee. Any Subscription fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in Subscription fee. If you do not take action to agree to the increase in Subscription fee, Your Subscription shall expire at the end of the current Subscription period.
7) You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform you downloaded this Product, and are governed by their terms and conditions. If you have any payment related issues, then you need to contact App Store or Google Play directly.
11．Disclaimers
11.1. THIS PRODUCT IS PROVIDED “AS-IS” AND AS AVAILABLE AND Mint (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. Mint (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY GAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR © WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
11.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11.3. Third Parties
11.3.1 Application Stores
You acknowledge and agree that the availability of this Product is dependent on the third party from which you received this Product, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and Mint and not with the Application Store. The Application Store is not responsible for this Product, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with this Product (if any). You agree to comply with, and your license to use this Product is conditioned upon your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store’s terms and policies) when using this Product. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.
11.3.2 Third-Party Services
Mint may permit certain third-party applications (like leaderboards, game networks) to provide content through this Product (“Third Party Services”). This Product may be used to send content provided by the Third-Party Service between users who have the Third-Party Service installed on their device. When you do so, Mint will share information with the Third-Party Service as described in the Mint Privacy Policy. Mint is not responsible for and does not control Third-Party Services. Mint provides these Third-Party Services only as a convenience to you. Mint has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at your own risk. When you access a Third-Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Service.
11.3.3 Other Users
This Product may contain content provided by other users of this Product. Mint is not responsible for and does not control the any such contents. Mint has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to any of such contents. You use all such contents and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that Mint will not be responsible for any liability incurred as the result of any such interactions.
11.3.4 Release
You hereby irrevocably and unconditionally release and forever discharge Mint (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
12．Limitation on Liability
12.1. IN NO EVENT SHALL Mint (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR Mint’S PRIVACY PRACTICES, EVEN IF Mint HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THIS PRODUCT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Mint’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR Mint’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID Mint IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL Mint’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
12.2. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
13．Applicable Law and Dispute Resolution
13.1. The place of agreement for this Agreement is Beijing, the People’s Republic of China.
13.2. The establishment, entry into force, interpretation, performance, dispute resolution, or other matters of this agreement shall apply to the laws of the People’s Republic of China, and shall not apply to its conflict of laws rules.
13.3. Any dispute arising from this Agreement or related to this Agreement is brought to Beijing International Arbitration Center for arbitration in accordance with its arbitration rules. The arbitral award is final and binding on both parties. The arbitration site is Beijing.
14．Other terms
14.1. “Color Painting Privacy Policy” is an integral part of this Agreement. Mint has the right to modify this Agreement and/or the terms of the relevant agreement when necessary. When Mint changes the terms of this Agreement, it will notify you of changes in this Product, and urges you to agree or reject the revised terms of this Agreement.
14.2. After the terms of this Agreement are changed, if you continue to use this Product, you are deemed to have accepted the corresponding amendment. If you do not agree to change or add content, you have the right to terminate this Agreement and stop using this Product.
14.3. Whatever the reason, the terms of this Agreement are partially invalid or unenforceable. It does not affect the validity of the remaining terms and is legally binding on you and Mint.
14.4. If you have any comments or suggestions on any of the terms of this Agreement, please feel free to contact our DPO at mintgames@gmail.com
15．Apple Application Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using a copy of this Product from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 15, the more restrictive or conflicting terms and conditions in this Section 15 apply, but solely with respect to copy of this Product from the Apple Application Store.
15.1. Acknowledgement
Mint and you acknowledge that this Agreement is concluded between Mint and you only, and not with Apple, and Mint, not Apple, is solely responsible for this Product and the content thereof. To the extent this Agreement provides for usage the rules for this Product that are less restrictive than the Usage Rules set forth for this Product in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.
15.2. Scope of License
The license granted to you for this Product is limited to a non-transferable license to use this Product on an iOS device that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
15.3. Maintenance and Support
Mint is solely responsible for providing any maintenance and support services with respect to this Product, as specified in this Agreement (if any) or as required under applicable law. Mint and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Product.
15.4. Warranty
Mint is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of this Product to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for this Product to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Product, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Mint’s sole responsibility.
15.5. Product Claims
Mint and you acknowledge that Mint, not Apple, is responsible for addressing any claims of you or any third party relating to this Product or your possession and/or use of this Product, including, but not limited to: (i) product liability claims; (ii) any claim that this Product fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Mint’s liability to you beyond what is permitted by applicable law.
15.6. Intellectual Property Rights
Mint and you acknowledge that, in the event of any third-party claim that this Product or your possession and use of this Product infringes the third party’s intellectual property rights, Mint, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
15.7. Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
15.8. Developer Name and Address
Mint’s contact information for any end-user questions, complaints or claims with respect to this Product is set forth in Section 14.4.
15.9. Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using this Product.
15.10. Third-Party Beneficiary
Mint and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
Last updated: May 18, 2020