XPlay Terms of Use
Last Updated: [24 March, 2025]
The following terms and conditions, which include our Acceptable Use Policy (collectively, these "Terms of Use") are a binding legal agreement between you and Innovation Dream Tech Limited its subsidiaries and affiliated companies ("Innovation Dream Tech Limited " or "we") that govern your use of:
Innovation Dream Tech Limited registered in Hong Kong (“XPlay”, “we”, “our”). XPlay is a destination that allows consumers to browse and purchase products relating to short dramas and series, and learn more about experiences or other services. These TERMS OF USE, together with all documents referred to herein and all other operating rules, policies and procedures that XPlay may publish from time to time, govern XPlay’s relationship with users (“users”, “you”) of the XPlay platform, including all sub-domains and associated websites (collectively, the “Website”), the XPlay mobile application(s), including iPhone and Android mobile applications (“Apps”), any and all other platforms on which content is accessed, published, or distributed, and all associated services, features, or content made available through any of the foregoing (“Services”) (together, the “Platform”). The Terms constitute a legally binding agreement between XPlay and you.
By using, engaging with, browsing on, purchasing items, you confirm that you unconditionally accept these Terms and that you agree to fully comply with them, which govern your use of the Platform. Please read them carefully. They include important information about your legal rights, remedies, and obligations. If you do not agree to any portion of these Terms of Service, you should not use the Platform and you are not granted permission to access, view, or otherwise use the Platform for any purpose.
The Platform may contain links or embedded material to third party content, which XPlay has not reviewed, including, without limitation, other websites and third party services, for the convenience of visitors, advertising purposes, or for other similar functions related to XPlay’s business. XPlay linking or embedding to third party content does not imply an advertisement or endorsement of any good, service, product, or otherwise, provided by such third party.
XPlay is not responsible for any third party content linked or embedded to or from the Platform and expressly disclaims, without limitation, any responsibility for any third party content, the accuracy of any information found on any third party website, or the quality of products of services provided by or advertised on such third party website.
XPlay may add to, change, or remove any part of this Terms of Use at any time, without notice. Any changes to this Terms of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. XPlay may add, change, discontinue, remove, or suspend any other Content posted on this Site, including Works described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
You represent and warrant that you are at least 18 years old, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement.
1. Eligibility
You must be at least 18 years of age to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Platform is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
2. License to Users
2.1 Subject to your full compliance with the Terms and to the extent we are lawfully able to grant such rights, XPlay grants you a non-exclusive, non-sublicensable and non-transferable license to the Intellectual Property solely for the purposes of accessing Works, solely for your personal, non-commercial use, solely on a single device, using the Platform, and for other purposes expressly stated herein.
2.2 For the avoidance of doubt, the Terms do not transfer from us to you any of our, or any third party’s intellectual property rights, and all right, title and interest in and to such property will remain vested with the applicable owner.
3. Registration and Accounts
3.1 To use certain features of the Platform, you are required to register for a XPlay account (an “Account”). You agree that all information that you submit during the Account signup process, or additional information you submit to your Account profile at any time thereafter, shall be accurate and truthful, and you shall keep the same up to date.
3.2 Your Account is unique and personal to you, and you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your Account.
3.3 You have the ability to delete your Account, and you should understand that upon deletion of your Account, you will lose the right to access or use all or part of the Platform.
3.4 We reserve the right to disable, suspend, or terminate your Account, at any time, for any reason in our discretion, especially when you fail to comply with any provision of these Terms.
3.5 Each user of the Service is allowed a maximum of one Account per electronic device embedding a mobile operating system ("Device"). You may not sell, trade, or otherwise transfer or assign your Account to another party, except as expressly provided herein. You are responsible for maintaining the confidentiality of your password and Account and agree not to provide your login information to any other party. You are fully responsible for all activities that occur under your password or account with or without your knowledge. You agree to immediately notify Innovation Dream Tech Limited of any unauthorized use of your password or Account or any other breach of security.
4. Content Policy
4.1 Our content policy, (“Content Policy”), sets out, among other things, the terms on XPlay’s uses of Content which writers and publishers upload to the Platform. You must review and agree to the Content Policy prior to uploading any Works on the Platform.
4.2 For the avoidance of doubt, all rights not expressly granted to XPlay herein shall be reserved to you and XPlay is not claiming any ownership in and to your Content.
5. Copyright
5.1 The entire content included in this site, including but not limited to text, graphics,short dramas, or code is copyrighted as a collective work under the Hong Kong and other copyright laws, and is the property of XPlay and site operator Innovation Dream Tech Limited. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Innovation Dream Tech Limited or purchasing XPlay, and site operator Innovation Dream Tech Limited products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Innovation Dream Tech Limited or to purchase XPlay and site operator Innovation Dream Tech Limited products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized site operator Innovation Dream Tech Limited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
5.2 Innovation Dream Tech Limited has discretion to terminate the Account of any user after receipt of a single notification of claimed infringement or upon Innovation Dream Tech Limited’s own determination.
5.3 If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Copyright Agent identified below. Your Notification of Claimed Infringement may be shared by Innovation Dream Tech Limited with the user alleged to have infringed a right you own or control, and you hereby consent to Innovation Dream Tech Limited making such disclosure. Your communication must include substantially the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
• Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
• Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Innovation Dream Tech Limited to locate the material;
• Information reasonably sufficient to permit Innovation Dream Tech Limited to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.
Innovation Dream Tech Limited’s Copyright Agent (DMCA designated agent) for receipt of Notifications of Claimed Infringement can be contacted at: [email protected]
(a) in the judicial district where your address is located if the address is in Hong Kong, or (b) located in Hong Kong, if your address is located outside Hong Kong, and that you will accept service of process from the complainant submitting the notice or his/her authorized agent.
5.4 Any notice or counter-notice you submit pursuant to the foregoing must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. Notwithstanding anything to the contrary stated herein, please note that whether or not XPlay disables access to or removes any materials pursuant to the foregoing, XPlay may disclose your identity to any third party who has alleged a violation of intellectual property rights here under, or supplied us with a counter-notice, as well as disclose the contents of any notice of counter-notice. You acknowledge and agree that any disclosures by us pursuant to the foregoing shall not violate any of your rights, including, without limitation, any rights of privacy that you may have.
6. Comments on Platform
6.1 XPlay welcomes your interaction on the Platform, and you may be able to submit materials to XPlay which are not Content. By submitting any comments or feedback (together, a “Comment” or “Comments”) through the Platform or otherwise, such as emailing XPlay about the Platform, posting on a message board, or reviewing a Work, XPlay will be free to use the Comment for any purpose, in all media, in perpetuity, without owing any obligation or liability to you whatsoever. If you wish to keep a Comment private or proprietary, please do not transmit any Comment to XPlay or share any Comment with others.
6.2 Comments must not include or embody, in whole or part, (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) any other XPlay policies or guidelines to which your User Content is subject; (d) cause XPlay to violate any law or regulation.
6.3 Comments found to be in violation of any of the above may subject you to the termination or suspension of your Account or the immediate removal of the Comments from the Platform, without notice to you, in our sole discretion.
7. Restricted User Conduct
7.1 Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
7.2 You will not alter or modify the Platform in any way nor use other technology or means to access the Platform except for the means authorized by XPlay, including, without limitation, using no bots, spiders, or other automated means of accessing the Platform.
8. Payments and Subscriptions
8.1 Access to the Platform, or to certain features of the Service, may require you to pay fees. You are responsible for all such payments and related payment obligations under these Terms of Use. All such payments from you are subject to these Terms of Use and conditions of the relevant payment service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable.
8.2 You agree that any payments you make to Innovation Dream Tech Limited in relation to your subscriptions are final and non-refundable, except where specified under these Terms of Use. OTHERWISE, IN NO CIRCUMSTANCES Innovation Dream Tech Limited WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION with the Service (WHETHER USED OR UNUSED).
8.3 XPlay reserves the right to determine pricing for the Service. XPlay will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information.
8.4 XPlay will charge the payment method you specify at the time of purchase. You authorize XPlay to charge to that payment method all sums for orders that you make and any level of Service you select as described in these Terms or published by the Company. If you pay any fees with a credit card, XPlay may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Payment processing services are provided by the third-party service through which the purchase is made (e.g., Apple In-App Purchases, Google Play, PayPay).
8.5 All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location (e.g. exchange rates). We may calculate taxes payable by you based on the information that you provide us via your Account or at the time or purchase.
8.6 Users can top up to acquire Coin (s). Coin (s) should be utilized in XPlay only, and cannot be exchanged to any currency.
8.7 If you believe that Innovation Dream Tech Limited has charged you in error, and subject to applicable laws and regulations, please contact Innovation Dream Tech Limited at [email protected] within 30 days of the date of the relevant charge and no refunds will be given for any erroneous charges after such 30 days period.
9. Disclaimers
9.1 The Platform is made available “as is”, “as available”, and “with all faults” for the stated purposes herein. Use of the Platform is entirely at your own risk and you should use your best judgment and exercise caution while using the Platform.
9.2 XPlay makes no guarantee that your use of the Platform, and all other features or functionalities associated with the Platform, or delivery or display of the Platform, will be available, uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. You understand and agree that you use the Platform, and use, access, download, or otherwise obtain materials or content through the Platform and any associated sites or Platforms, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Platform), or the loss of data that results from the use if the Platform or the download or use of that material or content.
9.3 XPlay does not guarantee the availability, delivery, performance, pricing, or punctuality of any Works or other Intellectual Property appearing on the Platform. Without limitation, this includes making no guarantee that any future Episodes of a Work are posted by a writer or publisher in a timely manner, that Works will remain available on the Platform, or the pricing of Works or Services.
9.4 XPlay assumes no responsibility for the deletion or failure to store any Comments or other information submitted by you to the Platform, and we expressly do not promise to store or keep any Comments that you have submitted to the Platform. You are solely responsible for saving backup copies of any Comments that you upload to the Platform.
9.5 You understand and agree that XPlay is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with state or federal law, rule, or regulations.
10. Limitation of Liability
10.1 Notwithstanding anything to the contrary contained herein, XPlay shall not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, which are in any way related to the Platform or these Terms, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not XPlay has been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes. If you are dissatisfied with the Platform, or with any of these Terms, or feel XPlay has breached these Terms, your sole and exclusive remedy is to discontinue using the Platform. This limitation of liability is part of the basis of the bargain between us.
10.2 IN NO EVENT WILL THE Innovation Dream Tech Limited PARTIES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF $50 USD OR THE AMOUNT YOU PAID Innovation Dream Tech Limited IF ANY, IN THE 12 MONTHS PRECEDING THE CLAIM.
10.3 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Innovation Dream Tech Limited or any other Innovation Dream Tech Limited Party may not, as a matter of applicable law, disclaim any warranty, limit or exclude its liability or the scope and duration of such warranty as set forth in these Terms of Service, Innovation Dream Tech Limited’s and such Innovation Dream Tech Limited Party’s liability shall be the minimum permitted under such applicable law.
11. Indemnification
11.1 You are responsible for your use of the Platform, and you will defend and indemnify XPlay and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “XPlay Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
11.2 XPlay reserves the right to take over the exclusive defense of Claims for which XPlay is entitled to indemnification, and in such event, you shall provide prompt and reasonable cooperation to XPlay at your own expense.
12. Promotions
In addition to these Terms, a Promotion made available by XPlay through the Platform, or otherwise may have specific rules that are different from these Terms. By participating in a Promotion, you agree to and will become subject to those additional terms and conditions, which will be provided to you when a Promotion is offered. XPlay urges you to review all rules before you participate in any Promotion. The rules of a specific Promotion will take priority over these Terms in the event of any conflict of the language with a given Promotion.
13. Choice of Law and Dispute Resolution
13.1 You consent and agree that the Terms will be exclusively governed by the laws of Hong Kong applicable to contracts entered into and performed within Hong Kong and notwithstanding any conflict of law principles.
13.2 You and XPlay agree that any dispute, claim, or controversy between you and XPlay arising in connection with or relating in any way to these Terms or to your relationship with XPlay (whether based in contract, tort, fraud, misrepresentation, or any other legal theory, and regardless if the claims arise during or after the termination of the Terms) will be determined by mandatory binding arbitration.
14. Notices
All legal notices pursuant to the Terms shall be in writing and shall be given by email to XPlay at: [email protected]. By using the Platform, you agree that any notice due under the Terms that XPlay sends you electronically will satisfy any legal communication or notification. You agree to keep all of your contact information contained in your Account up to date, and we are not responsible in the event you fail to keep your Account or contact information up to date.
15. Contact Information
The Platform is operating by Innovation Dream Tech Limited, Rm 1307, 13/F., Kenbo Commercial Building, 335-339 Queen's Road West, Hong Kong. You may contact us by sending correspondence to that address or by emailing us at [email protected].