Fifth Journey develops next-generation Hollywood games and interactive entertainment.
Find Out MoreFrom feature animations to cult classics and blockbuster franchises, Fifth Journey is pioneering mobile entertainment in partnership with the world's leading studios. We're advancing the latest technologies, including O2O, AR and VR, and delivering these experiences into the fastest growing markets in the world.
Fifth Journey was founded by a team of acclaimed game developers responsible for some of the biggest interactive hits in Hollywood and chart-topping success in China. We're at the leading edge of entertainment, creating new and exciting experiences for fans and helping Hollywood build franchises like never before.
Fifth Journey is headquartered in Hong Kong with creative operations based in San Francisco and studio operations around the world.
by Dean Takahashi, for VentureBeat
Hollywood backs Fifth Journey to take movie-licensed games to China
Hong Kong game publisher Fifth Journey has won backing from film studios Universal Pictures, Lionsgate, and MGM Studios to create movie-based mobile games for Asian markets such as China.
The business makes sense because China is already the world's fastest-growing film market, with 15 movie theaters opening per day. It's also the largest mobile-game market. While movie-game collaborations have a mixed history in gaming, companies that get it right can have huge payoffs. China has an estimated $5.5 billion mobile-game market, with more than 420 million mobile-game players, according to market researcher Niko Partners.
Fifth Journey has some seasoned mobile-game developers who have made movie games before. The startup has eight employees, but it will work with external development studios to make the movie games and "culturalize" them for markets such as China. Fifth Journey will focus on mobile games, interactive entertainment, and virtual reality.
"We provide a total entertainment solution for Hollywood," said Eric Tan, the CEO of Fifth Journey, in an interview with GamesBeat. "We have proven ourselves with titles like Despicable Me: Minion Rush. And we know that Hollywood wants to participate more in the Asian markets."
Each studio invested in Fifth Journey in exchange for an equity stake. Founded by industry veterans and former executives from Universal Pictures, Gameloft, and LucasArts, Fifth Journey will provide mobile streaming, video on demand (VOD), and e-commerce in association with its games.
Tan, while an executive at Gameloft, oversaw publishing for a slate of Marvel games in China as well as the Chinese release of Universal and Gameloft's Despicable Me: Minion Rush, the only Hollywood mobile game to rank in that territory's all-time top-10 downloads chart.
Fifth Journey works directly with Hollywood studios not only to culturalize their games for global markets but also to incorporate movie ticket sales, merchandise e-commerce, and stream films, TV, and other content alongside an interactive game feature to deepen fans' experiences. Tan described Fifth Journey as a "mobile entertainment platform."
"We're delighted to expand our partnership with Eric Tan and the Fifth Journey team," said Peter Levin, Lionsgate's president of interactive ventures and games, in a statement. "As we continue to build our presence in the gaming space, the Asian market offers tremendous growth opportunities, and Fifth Journey is the ideal partner to help us capitalize on them."
Tan cofounded Fifth Journey with Craig Derrick, a LucasArts veteran and the company's chief creative officer. The company has its headquarters in Hong Kong and an office in San Francisco. Derrick said the teams will spend a lot of time in preproduction for games.
"A lot of what we have seen before is a regurgitation of what happens in a movie," Derrick said. "Audiences are tired of that, and it comes across as a brand slap."
Tan said that in previous jobs, his teams had to reduce the file size of mobile games so that Chinese gamers would be able to download it over slower networks. They also had to create more extensive tutorials. The teams will also try to launch games on the same day as when the movies come out to maximize the marketing exposure.
"Mobile games are a highly engaging form of entertainment in their own right and, given that, they can also be envisioned as a hub through which fans may access and experience different elements of their favorite [intellectual property]," said Bill Kispert, the executive vice president of digital platforms at NBCUniversal Brand Development Group, in a statement. "We look forward to working with Fifth Journey to first develop an authentic, film-based game and then to use this point of connection to bring players deeper into that world and its ecosystem."
Tan said the company has at least one VR project planned for 2017. Altogether, there are five titles in the works already.
"We are always exploring innovative ways to reach our audience and build opportunities for our expansive library," said Tricia Samuels, a vice president of licensing at MGM, in a statement. "The Fifth Journey team have built a complete, 360-degree platform that serves both traditional and digital products through a unique interactive experience. We look forward to engaging in a more meaningful way with our fans around the world."
Fifth Journey previously raised a $2 million seed round in August 2015. It has partnered with Lionsgate and Millennium Films to develop a mobile game for The Expendables, an action franchise starring Sylvester Stallone that has grossed more than $800 million in worldwide box office.
February 23, 2016
By BusinessWire
Asia-based mobile entertainment company’s strategic partnerships underscore Hollywood focus on world’s fastest-growing film and games market
Fifth Journey, a Hollywood-focused mobile entertainment company, today announced it has signed strategic partnerships to develop mobile games, interactive entertainment and in some instances virtual reality content with Universal Pictures, Lionsgate (NYSE: LGF) and Metro-Goldwyn-Mayer Studios (MGM). The partnerships come alongside a strategic equity stake in the company for the studios.
Founded by industry veterans and former executives from Universal Pictures, Gameloft and LucasArts, Fifth Journey develops next-generation Hollywood games and interactive entertainment. The company also has the ability to provide mobile streaming, video on demand (VOD) and e-commerce in association with its games. The company's unique Hollywood-focused platform and the founders' past success with major Hollywood franchises in the hard-to-crack Asian market attracted the studios' interest in a strategic partnership.
"Asia is an enormous opportunity and challenge for Hollywood," said Eric Tan, CEO of Hong Kong and San Francisco based Fifth Journey. "So is building a great film franchise in this on demand world. We built a company to solve some of Hollywood's most pressing needs and these partnerships are a huge step forward."
Fifth Journey's founders have an excellent track record of developing games for major Hollywood franchises and monetizing them in Asia. Tan, while an executive at Gameloft oversaw publishing for a slate of Marvel games in China as well as the China release of Universal and Gameloft's "Despicable Me: Minion Rush", the only Hollywood mobile game to rank in that territory's all-time Top 10 downloads chart. Despite Asia's emergence as the largest gaming and soon-to-be film market, success for Hollywood movie studios and international game developers there has been rare.
"We're delighted to expand our partnership with Eric Tan and the Fifth Journey team," said Lionsgate President of Interactive Ventures & Games Peter Levin. "As we continue to build our presence in the gaming space, the Asian market offers tremendous growth opportunities, and Fifth Journey is the ideal partner to help us capitalize on them."
Fifth Journey works directly with Hollywood studios not only to culturalize their games for global markets, it also has the ability to incorporate movie ticket sales, merchandise e-commerce, and stream films, TV and other content alongside an interactive game feature to deepen fans' experiences.
"Mobile games are a highly engaging form of entertainment in their own right and, given that, they can also be envisioned as a hub through which fans may access and experience different elements of their favorite IP," said Bill Kispert, EVP Digital Platforms, NBC-Universal Brand Development Group. "We look forward to working with Fifth Journey to first develop an authentic, film-based game and then to use this point of connection to bring players deeper into that world and its ecosystem."
"We are always exploring innovative ways to reach our audience and build opportunities for our expansive library," said Tricia Samuels, VP Global Licensing, Consumer Products & Interactive, MGM. "The Fifth Journey team have built a complete, 360 degree platform that serves both traditional and digital products through a unique interactive experience. We look forward to engaging in a more meaningful way with our fans around the world."
Founded by former Universal Pictures and Electronic Arts executive Eric Tan and LucasArts veteran Craig Derrick, Fifth Journey's leadership team has an extensive track record developing games for major Hollywood franchises. In addition to the aforementioned titles, the company leadership's prior projects include "Family Guy: The Quest for Stuff," one of the top grossing comedy games of all-time and major features for Star Wars, Marvel and DC Comics.
The strategic partnership with the Hollywood studios follows the company's closing of a $2 million seed round financing in August 2015 and the announcement of a partnership with Lionsgate and Millennium Films to develop a mobile game for "The Expendables," an action franchise starring Sylvester Stallone that has grossed more than $800 million in worldwide box office.
February 23, 2016
By Pamela Ambler, for Reuters
As U.S. movie box office sales continue to decline, Hollywood studios are looking to Asia for new opportunities. Not only are they wooing Chinese movie goers, they’re also trying to capture gamers who make up an additional revenue stream. Now a Hong Kong startup is aiming to bridge the gap between the city of dreams and Chinese gamers.
As US movie box office sales continue to decline, Hollywood studios are looking to Asia for new opportunities. Not only are they appealing to Chinese movie goers, they’re also trying to capture gamers who make up additional revenue streams. Now a Hong Kong startup is aiming to bridge the gap between the city of dreams and mainland gamers.
With an eye on China, three major Hollywood studios are taking stakes in a startup from Hong Kong. Mobile game developer Fifth Journey was founded just over a year ago by Eric Tan.
A former sales executive at Electronic Arts in Asia, Tan was responsible for bringing Despicable Me’s Minion Rush to mainland China.
It’s one of the most successful ‘interactive entertainment’ platforms to enter the market.
Players can purchase movie tickets, stream clips, and even buy merchandise like t-shirts and toys.
“So for the fans its very simple, it’s a one stop shop, that relates to the IP all within one click. For Hollywood it’s an entertainment solution where we converge all these different auxiliary revenue lines all within the app,” Tan said.
Interactives including games make up almost a third of movie revenue streams,and with China’s online gaming sector growing annually at an average 30% for the past eight years, it’s little wonder Hollywood wants to get in on the act.
China’s box office receipts have grown nearly 50% in the past two years. If the trend continues, it’ll overtake the US by 2018. Added to that, Chinese consumers have leap-frogged the West with 600-million internet users, with 80% of them accessing the internet through smart devices. But not every blockbuster game out of the US translates into success in China.
“Chinese gaming behaviour can be very different to that in the west. We had to adjust the difficulty, we had to change certain monetization mechanics in order to suit the local taste,” Tan said.
And there are challenges around publication. iOS and Google Play are the main mobile retail channels in the US. But China’s has hundreds of different platforms.
And so movie-makers from the US are likely to collaborate more and more with the mainland, much like the industry in Hong Kong has done.
“In the past ten years, a lot of success for Hong Kong movies are co-produced films with mainland China film industry. It kind of moves towards one direction, it’s always entertaining and always for the mainland China market,” HK film producer Andrew Choi said.
One thing’s for sure, Tinseltown will be rolling out more red carpets to win over Chinese consumers.
March 15, 2016
Effective Date: July 22nd, 2016
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You agree that all of your transactions with or through the Site and/or the Application(s) may, at our option, be conducted electronically. You also agree that we may provide all agreements, disclosures and notices electronically, including any that we are otherwise required to provide in “writing.“
Our Privacy Policy is part of and incorporated into these Terms. Please take a moment to review it at www.Fifth-Journey.com/corporate/privacy-policy.
Fifth Journey may suspend, cancel or terminate your registration and/or account, cancel or suspend your access to Virtual Currency, block your use of the Site or an Application, or direct you to cease using the Site or an Application, with or without notices, if we believe in good faith that (a) you or a related person has engaged in any of the prohibited content covered by Section 3 of these Terms or otherwise breached or may have breached these Terms or (b) your account, use of the Site or any Application has been inactive for more than twenty-four (24) months. You have the right to cancel your registration at any time, and such cancellations will not affect your social networking web site account(s) or third party payment provider account(s). Fifth Journey reserves the right to stop making any one or more of the Sites, Virtual Currency and/or the Applications available, at any time, whether on a temporary or permanent basis and without any liability, compensation, refunds or other compensatory benefits to you. Your license to the applicable Site, the Application and/or Virtual Currency automatically ends when Fifth Journey terminates access to such Site, Application and/or Virtual Currency. If we stop supporting the Virtual Currency, we will provide at least thirty (30) days advance notice to you by posting a notice on www.Fifth-Journey.com.
You have the ability to terminate these Terms by uninstalling or discontinuing your use of the Site and any Applications.
To the extent that you violate these Terms and Fifth Journey revokes the licenses granted to you to the Site and Applications, you will lose all benefits and privileges associated with the Sites and the Applications, including, but not limited to, your Virtual Currency and Virtual Items. Fifth Journey is under no obligation to compensate you for any such losses.
You represent and warrant for the benefit of Fifth Journey, its affiliates and any third parties mentioned on the Site or in the Applications that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site or the Applications is true and accurate; © you will not use the Site or any Application for any purpose that is unlawful or prohibited by these Terms; (d) you will make and maintain back-up copies of any Materials which you upload or otherwise distribute through the Site; and (e) you possess all legal rights in and to the Materials which you post, upload or distribute through the Site and such Materials are (i) not in violation of any applicable laws, contractual restrictions or other third party rights, (ii) free of viruses, adware, spyware, worms or other malicious code, and (iii) do not otherwise violate these Terms.
THE SITE, APPLICATIONS, VIRTUAL CURRENCY, VIRTUAL ITEMS, CONTENT AND PRODUCTS OFFERED AT THE SITE OR THROUGH ANY APPLICATIONS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. FIFTH JOURNEY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, CONTENT AND MATERIALS ON THE SITE, AND APPLICATIONS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, CONTENT, MATERIALS AND APPLICATIONS IS BORNE BY YOU. FIFTH JOURNEY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
FIFTH JOURNEY DOES NOT RECOMMEND USE OF ITS GAMES, APPLICATIONS OR OTHER SERVICES DURING CERTAIN ACTIVITIES, SUCH AS DRIVING, WHERE A SIGNIFICANT RISK OF INJURY OR ACCIDENT EXISTS. YOU AGREE NOT TO USE FIFTH JOURNEY’S APPLICATIONS OR OTHER SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND FIFTH JOURNEY WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.
YOU ASSUME ALL RISKS THAT THE SITE AND APPLICATIONS ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR USE OF THE SITE, MATERIALS AND APPLICATIONS IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING THEREFROM. SIMILARLY, YOU ACKNOWLEDGE THAT BY PARTICIPATING IN FORUMS, VISITING CHAT ROOMS OR USING OTHER APPLICATIONS, YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT OR OTHER OFFENSIVE LANGUAGE OR REFERENCES.
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, ITS CONTENT, OR APPLICATIONS, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT FIFTH JOURNEY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FIFTH JOURNEY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SITE AND APPLICATIONS AND OEPRATORS OF EXTERNAL SITES AND SERVICES. OUR TOTAL LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE IN THE PAST ONE HUNDRED EIGHTY (180) DAYS. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree that your exclusive remedy for any breach of these Terms by us or any of our affiliates or agents shall be, at our option: (a) substitution or replacement of all or part of the Site, Application, Virtual Currency or Virtual Item that gives rise to damages incurred by you in reasonable reliance on us; or (b) in the event that (a) is not possible to provide, refund of monies you have paid to Fifth Journey in the past one hundred eight (180) days. You agree that the damage exclusions in the Agreement and this limitation of liability shall apply even if any remedy fails of its essential purpose.
Certain of our vendors also grant to you a limited license to use their respective software (each a software development kit or an “SDK”) which SDKs have been incorporated into our Applications. These vendors prohibit any decompilation and reverse engineering of their respective SDKs and do not make any warranties to you. For your reference, the SDKs perform, among other things, functions such as displaying advertising and collecting data about your usage of the advertising and of the Applications. The use and collection of your data is subject to the privacy policies of such vendors.
Links may appear on the Site or in Applications, via the SDKs and otherwise, that may be used to link to other web sites. These links are provided as a courtesy by our vendors to our Site visitors and Application users. Some of the links may extend promotional offers to you in exchange for receiving in-Application content and/or Virtual Currency. These offers may solicit your data and/or personal information. Any charges or obligations you incur in connection with these promotional offers and third parties are your responsibility. Fifth Journey has no control over the linked web sites or the materials, information, goods or services available or contained on these linked web sites or how your data and/or personal information is used by these linked third parties. Fifth Journey is not responsible for, does not endorse, represent or warrant in any way any third party’s content, goods and/or services even if they are linked to our Site and/or Applications, and Fifth Journey is not liable for any claim you may have regarding any third party content, goods and/or services. Also, Fifth Journey is not responsible for any privacy or other business practices of such web sites or any materials, information, goods or services available through such linked web sites. If you decide to access any of the linked web sites, you do so entirely at your own risk. Please see our Privacy Policy for more information about how Fifth Journey may use your information in connection with the Applications and the Sites. Fifth Journey reserves the right to terminate any link at any time.
You agree that we may from time to time amend or add to these Terms (“Amendments”), including without limitation, Amendments that add registration fees or change payment methods or requirements. Notice of such Amendments will be posted on the Site. In addition, we may, at our discretion, provide you with additional notice of Amendments within the Applications. Amendments will be effective not less than ten (10) days after notice unless another time is specified by us. Your use of the Site and/or the Applications after the effective date of any Amendments shall be your consent to those Amendments and to these Terms as amended. If you do not want to be bound by an Amendment, you will need to terminate your registration, if any, and/or refrain from using the Site or Fifth Journey’s Applications after that date. These Terms and any Amendments, your registration and any consents provided by you and the disclosures provided by us on the Site and/or the Applications constitute the entire agreement between you and us and supersede any prior written or oral agreements between the parties. To the extent these Terms or Fifth Journey’s Privacy Policy conflict with any other Fifth Journey terms, policy, rules or codes of conduct, these Terms and Fifth Journey’s Privacy Policy shall govern. No changes proposed by you or us will be effective unless and until they appear in these Terms or in the Amendments as posted by us on the Site and/or the Applications. No other amendments will be valid unless they are in a paper writing signed by us and by you. For the purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
The failure of either party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these Terms.
If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Fifth Journey operates the Site from its offices in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). Access to the Site or Applications from any territory where the content is illegal is prohibited. The display of the Site alone does not subject Fifth Journey to any specific jurisdiction.
THIS SECTION ONLY APPLIES TO RESIDENTS OF THE UNITED STATES OF AMERICA AND CANADA.
If a dispute arises between you and Fifth Journey, before bringing a legal case, we strongly encourage you to first contact us directly to seek a resolution by sending an e-mail to the Fifth Journey customer support at support@fifth-journey.com.
If we cannot resolve our dispute through customer support, you and Fifth Journey agree to resolve any claims relating to the Terms through final and binding arbitration. This applies to all kinds of claims under any legal theory.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you to view and use the Site and Applications under these Terms. Either party may also seek relief in a small claims court in San Francisco, California for disputes or claims within the scope of that court’s jurisdiction. In addition, if you or Fifth Journey brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). You or Fifth Journey may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither you nor Fifth Journey can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); © an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Fifth Journey users, and cannot be used to decide other disputes with other users. If a court decides that this subsection in which you and Fifth Journey disclaim your respective rights to assert class actions is not enforceable or valid, then the entire Section 25 (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the Terms will still apply.
Any disputes between you and Fifth Journey relating to the Site or the Applications that involve a claim of less than US$10,000 and that are not eligible for relief or not brought in a small claims court must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and Fifth Journey agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and © any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and Fifth Journey relating to the Site or the Applications that involve a claim of less than US$10,000 must be resolved in accordance with the AAA’s rules about whether the arbitration hearing has to be in-person.
If you are a resident of the United States of America OR CANADA, you agree that these Terms shall be governed in all respects by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of California.
If you are a resident of any jurisdiction other than the United States of America and Canada, you agree that these Terms shall be governed in all respects by and construed in accordance with the laws of Hong Kong, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in Hong Kong. You agree that any claim or dispute you may have against Fifth Journey must be resolved exclusively by a court located in Hong Kong.
If you are a resident of any jurisdiction other than the United States of America and you are entitled to commence and/or participate in legal proceedings within the United States of America, then you agree that you will be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in paragraph 25 above.
All notices required by or allowed under these Terms, including notices of problems and/or inaccuracies in the Site or Applications should be addressed to info@fifth-journey.com.
Fifth Journey respects the intellectual property rights of others and requests that you do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Anyone who believes in good faith that his, her or its work has been reproduced on the Site in a way that constitutes copyright infringement may provide a notice to Fifth Journey’s DMCA Agent for the Site containing the following:
Copyright infringement claims and notices (but not other notices) should be sent to the attention of legal department by email: support@fifth-journey.com (With the subject line “DMCA Communication (from TOS)”).
If Fifth Journey receives proper notification of copyright infringement pursuant to the procedure set forth above, it will remove or disable access to the challenged material and will take reasonable steps to notify the party who originally posted it (the “posting party”) that the material has been removed. The posting party may then submit a counter-notification by sending an e-mail message to Fifth Journey’s DMCA Agent by e-mail at support@fifth-journey.com (with the subject line “DMCA Communication (from TOS)”) explaining why the posting party believes that material is not infringing. To be effective, the counter notification should include:
Upon receipt of a counter-notification complying with these requirements, Fifth Journey will promptly provide the person who submitted the original notification with a copy of the counter-notification and will replace the removed material or cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days unless that person provides to Fifth Journey’s DMCA Agent by e-mail at support@fifth-journey.com (with the subject line “DMCA Communication (from TOS)”) a notification that the person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity related to the material posted to the Site.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under these DMCA notice and takedown procedures.
Please further note that notices and counter-notifications must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.
WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE APPLICATIONS OR ON THE SITE OR ANY WEB SITE LINKED TO THE SITE OR THROUGH THE APPLICATIONS. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site or Applications.
Effective Date: July 22nd, 2016
This Privacy Policy explains how information about you is collected, used and disclosed by Fifth Journey Limited and its subsidiaries (“Fifth Journey,” “we” or “us”). This Privacy Policy applies to information we collect when you use our websites, mobile applications and other online products and services (collectively, the “Services”). This Privacy Policy does not apply to the information collected from: (1) web-based applications that are based on our mobile applications but are published by third parties on third party platforms (each a “Third Party Platform”), (2) mobile applications that we distribute on behalf of third parties and which are hosted and operated by such parties, or (3) the on-line submission of resumes and employment applications in connection with the Jobs section of our website.
By downloading, accessing and/or playing our games, or interacting with our websites or other Services, you agree to the use of your information in accordance with this Privacy Policy. If you have any concerns about providing information to us or it being used as described in this Privacy Policy you should not use our games or other Services.
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you create an account, manage your user profile, participate in any interactive features of the Services, request our e-newsletter or other marketing communications, participate in a promotion or survey, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, photograph, avatar, password, forum posts and comments, messages between users and other contact or identifying information you choose to provide. Prize winners of contests or sweepstakes who are residents of the United States of America may also have to provide their Social Security Numbers, which are used exclusively for prize fulfillment and related tax purposes.
Information We Collect Automatically When You Use the Services
When you access or use our Services, we automatically collect information about you, including:
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services. For example, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, profile picture, phone number, email address, gender, date of birth and friends lists, in accordance with the authorization procedures determined by such social media site.
We may use information about you for various purposes, including to:
We may share information about you as follows or as otherwise described in this Privacy Policy:
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
We may allow third parties to serve advertisements in connection with our Services, to provide analytics services and provide you with other services, such as rewards programs and tournaments. These third parties may use cookies, web beacons, your account information (that you set up with these third parties) and other technologies to collect information about you on our Services and other websites and online services, such as your IP addresses, identifiers associated with your mobile device or applications on the device, the browsers you use to visit our Services, pages viewed, time spent on pages, links clicked, and conversion information. These third parties may also share this information with their customers and clients. This information may be used by Fifth Journey, and these other companies and their customers and clients, to analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests, and better understand your usage. Some of these third-party analytics and advertising services offer you a choice to opt out of the collection of and/or sharing of this information; links to the opt-out mechanisms for the third parties that offer such a choice can be found in the “Your Choices” section below. This Privacy Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies.
Fifth Journey takes commercially reasonable security measures to help protect information Fifth Journey collects about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. These security measures may include practices such as keeping your sensitive data on a secured server behind a firewall, transmitting sensitive information (such as a credit card number) entered while using our Services using secure socket layer technology (SSL) and physical security measures to guard against unauthorized access to systems where we store your information. Unfortunately, however, no security system can be 100% secured, and we cannot guarantee that communications between you and Fifth Journey and the Services, or any information provided to us in connection with the information we collect through the Services will be free from unauthorized access by third parties. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Your password is an important component of our security system. As such, it is your responsibility to protect it. Do not share your password with any third parties. If your password has been compromised for any reason, you should change it immediately.
Fifth Journey stores information about site visitors and players on servers primarily located in Hong Kong, and Fifth Journey may also store such information on servers and equipment in other countries. If you are accessing the Services from outside of Hong Kong, please know the data and personal information you submit may be transferred to and stored in servers in Hong Kong or other countries. The data protection and other laws of Hong Kong and/or other countries might not be as comprehensive as those in your country. By submitting your data and/or using our Services, you consent to the transfer, storing, and processing of your data in and to Hong Kong and other countries were we may choose to store data.
Personal data collected within Switzerland and the European Economic Area (“EEA”) may be transferred to, and stored at, a destination outside of Switzerland and the European Economic Area (“EEA”). The data we hold may also be processed by employees operating outside of Switzerland and the EEA who work for us or one of our affiliates or for one of our vendors. Such staff may be engaged in, among other things, (i) the processing of transactions and your payment details and (ii) the provision of support services. By submitting your personal data, using the Services and/ or playing Fifth Journey games, you agree to this transfer, storing or processing.
As set out in Fifth Journey’s Terms of Use relating to our Services (available at www.fifth-journey.com/corporate/privacy-policy), you must be at least 13 years old to access and/or use our Services. The Services are not intended for children under the age of 13 and we do not knowingly collect any personal information from such children. Children under the age of 13 should not use or attempt to use our Services, and if you are under 13, please do not attempt to use our Services or send any information about yourself to Fifth Journey.
In the event that we learn that we have inadvertently gathered personal information from a child under the age of 13, we will take reasonable measures to erase such information from our records. Parents who believe that Fifth Journey might have any information from or about a child under 13, may submit a request to privacy@fifth-journey.com and request that the information be removed.
From time to time, we may update this Privacy Policy to clarify our practices or to reflect new or different privacy practices, such as when we add new features, and Fifth Journey reserves the right to modify and/or make changes to this Privacy Policy at any time. If we make any material change we will notify you by prominent means such as by email notice sent to the email address specified in your account or by posting a notice on www.Fifth-Journey.com. Modifications will become effective on the day they are posted unless stated otherwise.
Any notifications regarding changes that have been posted on www.Fifth-Journey.com may be removed after 30 days. If you have not accessed www.Fifth-Journey.com and/or the Services within 30 days, please consult the top of this Privacy Policy to determine when this Privacy Policy was last revised as there may be changes that have occurred since your last visit.
If you continue to access and/or use the Services, including any of the Services available through any Third Party Platform, after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Privacy Policy as changed. The revised Privacy Policy supersedes all previous privacy policies.
Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
Push Notifications
We may send push notifications or “alerts” to your mobile device to provide game activity information, service updates, promotional communications and other related messages. You can deactivate push notifications by changing your notification settings via your device.
Promotional Communications
You may opt out of receiving promotional messages from Fifth Journey by following the instructions in those messages or by contacting us at privacy@fifth-journey.com. If you opt out, we may still send you administrative, transactional or relationship messages, such as those about your account or our ongoing business relations including but not limited to administrative confirmations, order confirmations, important updates regarding the Services and notices regarding this Privacy Policy and our Terms of Use (available at www.fifth-journey.com/corporate/privacy-policy).
Third Party Analytics and Advertising Services
We have identified the provider names of some of the third-party analytics and advertising services we use. Please see the links below to learn more about the data practices of our third-party service providers (including opt-out mechanisms they may offer):
Because consumers are often unaware that their do-not-track beacons are active, do-not-track does not frequently reflect the actual preferences of our users. Accordingly, Fifth Journey does not respond to the federal Do-Not-Track signal. If you would like to receive no promotional communication from Fifth Journey, you are free to follow the procedure described in the previous section to unsubscribe.
Under California law, California residents who have an established business relationship with Fifth Journey or one of its subsidiaries may choose to opt out of Fifth Journey disclosure of personal information about them to third parties for direct marketing purposes. If you choose to opt-out, email privacy@fifth-journey.com.
If you have any questions about this Privacy Policy, please contact us at privacy@fifth-journey.com.