PERFECT WORLD

TERMS AND CONDITIONS

 

PLEASE READ THESE TERMS CAREFULLY:

THESE TERMS AND CONDITIONS (“TERMS”) CONTAIN, AMONG OTHERS, PROVISIONS RESTRICTING OR RELEASING CERTAIN LIABILITIES, OR OTHERWISE RELATED TO YOUR MATERIAL RIGHTS AND INTERESTS. PLEASE READ CAREFULLY AND FULLY UNDERSTAND EACH AND EVERY PROVISION HEREOF.

BY CLICKING “AGREE”, “DOWNLOAD” OR CONDUCTING OTHER RELEVANT OPERATIONS, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OR ACCESS THE PRODUCT(S) or service(s).

Any reference to “we”, “us” or “Perfect World” in these terms is a reference to PERFECT WORLD GAMES (SINGAPORE) PTE. LTD. or Fedeen Games Limited, depending on the specific operator of the Product.

Please contact us at game_service@pwrd.com if you have any complaints or queries about the Products or Services.

These Terms govern your access to and use of:

• ● any games operated by us which incorporate these terms and conditions and any content, materials and information provided in connection with such games (“Products”); and
• ● any services provided by us in connection with such Products (“Services”).

These Terms are in addition to, and do not in any way replace or supplant, any license agreement or any additional terms and conditions that may apply when you use or purchase certain other products, services, affiliate services, third-party content or third-party software made available by us or on our behalf. In the event the contents of these Terms are contrary to one or more provisions of any other specific agreement or terms or conditions, the provision(s) of the specific license, terms or conditions shall prevail.

Any content or features purchased or made available as part of the Products or Services (for example, in-app purchase of additional Product functionality), whether through use of Virtual Currency or otherwise, shall be subject to the same terms and conditions that apply to the relevant Products or Services.

If you live in the European Economic Area or United Kingdom, France, United States please note that there are some different terms which apply to you which can be found at Section ‎6 of the SCHEDULE under JURISDICTION-SPECIFIC CONDITIONS. For instance, if you are a user in the United States, Section 6 contains an arbitration clause and class action waiver, and by agreeing to these Terms, you agree (a) to resolve all disputes (with limited exception) related to the Products and Services through binding individual arbitration, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions; unless you opt-out as set forth below.

DEFINITIONS USED IN THESE TERMS

Capitalized terms have the following meanings unless otherwise defined in the Terms:

• ● “plug-in” refers to any and all programs that are independent of the Product software and can affect the operation of the Product while the Product is running, including, without limitation, simulating user operations, changing operating environment, modifying data and otherwise.
• ● “Virtual Currency” refers to the in-game points or coins or the equivalent that you exchange with legal tender (e.g. USD) within the Services.
• ● “Virtual Items” refers to Virtual Props, Virtual Currencies and other virtual items that you exchange or obtain when using the Products collectively, and each are referred to as a “Virtual Item”.
• ● “Virtual Props” means virtual game props, including weapons, costumes, characters obtained by drawing cards etc., but does not include Virtual Currencies.

1.                AGE RESTRICTIONS

YOU MUST BE A CERTAIN AGE TO ACCEPT THESE TERMS AND USE THE PRODUCT

1.1            You are required to create an account (an “Account”) to access a Product and to use certain features and functions of a Product.

1.2            You must be the minimum age (if any) specified for the relevant Products or Services in your jurisdiction (“Minimum Age”), or older to create an Account. If you are of the Minimum Age or over, but are under the legal age of majority to enter into a contract in the jurisdiction you reside in (“Legal Age”), we require that you review these Terms with your parents or (legal) guardian to ensure that they have read and agreed to them. If you are the parent or (legal) guardian of a user of our Products and Services and have questions about the Terms, please contact us as specified in the SCHEDULE .

1.3            By creating an Account or otherwise using the Product, you represent that you are of Legal Age and agree to these Terms, or that you are over the Minimum Age and your parents or legal guardian have read and agreed to these Terms, and you understand and agree that we are relying upon that representation in allowing you to use the Products and Services. If you are a minor and use this service without obtaining the consent of a legal representative such as a parent or legal guardian, we may terminate these Terms and suspend the usage of the Products or Services.

1.4              Notwithstanding the above, certain portions of our Product may contain mature content not suitable for anyone younger than the Legal Age. If you access any portion of a Product which is intended for or is marked for mature audiences only, you are certifying that you are at least of Legal Age and have the legal right to access such content.

1.5           We may restrict the use of some or all of the Products or Services depending on your age. The subject and content of restrictions will be specified separately in the Products, Services or official website.

2.                  YOUR ACCOUNT

2.1           Creating your Account. When creating an Account and a user identity (“User ID”) you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the “Account Information”) and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete. If the Account Information you provided is untrue, inaccurate, misleading or outdated, we have the right to suspend or terminate your access to your Account. You will not be deemed as the creator of a User ID if your identity information does not match that which is on record for such User ID, unless we are provided with information evidencing the contrary. To the maximum extent permitted by applicable law, we will not be able to delete the Account if we are not able to verify your identity.

2.2           One Account for one device at a time. You can only log into one Account on a device at a time.

2.3           Restrictions may apply to a guest Account. If the Account you registered is a guest Account, you may be restricted from certain functions that are available to a full Account. The restrictions (if any) for a guest Account for a specific Product in your jurisdiction are set forth in the SCHEDULE.

2.4            You shall be responsible for your Account and User ID.

(a)             As the creator of your Account and User ID, you are responsible for your User ID. We will not tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID, with or without notice. You are not suggested to create a nickname that reflects your real name or other personal data.

(b)           Your Account may only be used by you. You shall not share, jointly use, sell, give away, lend, transfer, assign, exchange, inherit or otherwise trade your Account or User ID for free or for profit. To the maximum extent permitted by applicable law, and unless the following is attributable to our fault or negligence, we are not responsible for any misuse of your Account or your User ID; you agree to accept all risks of misuse of and unauthorized access to your Account and to hold us and our affiliates harmless from and against any misuse use of your Account or your User ID, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.

(c)             Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password at all times, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or has been otherwise compromised. To the maximum extent permitted by applicable law, you will be deemed as the person who uses the Account, and any acts made by the Account will be deemed as your acts. To the maximum extent permitted by applicable law, you are responsible for all activities and transactions that occur under your Account no matter who actually uses the Account, and unless it results from our negligence or fault, we are not responsible for any misuse of your Account, including but not limited to instances where your password is stolen or revealed to a third party and/or used for transactions. You agree to immediately notify us of any misuse of your Account or any other breach of security in relation to the Products known to you. If any third parties use your Account or otherwise access your Account, you may not claim compensation from us.

2.5              Your Account data may be restored for some reason. In the event of malfunction of the system in the Products (e.g., abnormal data due to bugs in the program), we have the right to restore the data of your Account to a point in time decided by us. If such data restoration reduces the quantity of your Virtual Items, we may compensate you with certain other Virtual Items selected at our discretion. You acknowledge and agree that we have no other obligations to you in connection with such data restoration.

2.6             Your Account data will be eliminated for non-use. If you fail to log in the Products by using your Account for a period longer than three (3) years starting from the date when such Account is last used in logging in any Product, any and all data in connection with such Account (e.g., all data relating to your in-game character of such Account) will be eliminated and non-restorable. When the account becomes a non-used Account, (i) you will have no right to any Virtual Items in that Account; and (ii) any Virtual Items to which you had access via the non-used Account will be lost and you will have no right to them. We will inform you via email (if available to us) or by other means with a notice period of 30 days prior to the upcoming deletion.

2.7              Your Account may be suspended or terminated.

(a)        To the maximum extent permitted by applicable law, please note that, we reserve the right to discontinue the Products or to terminate or suspend your Account at any time in our discretion.

(b)         If your Account is suspected to be involved in illegal or improper activities (such as hacking, being hacked, using plug-ins, etc.), you shall cooperate with (e.g., answer the questions truthfully) our designated personnel to solve the issue. You agree to use the monitoring data from us or acknowledged and/or approved by us as the basis for determining whether the user Account has been hacked, whether plug-in is used, or any other improper or illegal acts exist, unless you are able to overturn such monitoring data by providing sufficient evidence acceptable to us. You further acknowledge and agree that, if we determine that your Account is involved in any improper or illegal acts, we have the right to suspend or terminate your access to the Account and take remedial measures such as returning the Virtual Items to the proper Account, etc. You also acknowledge and agree that we are not obligated to provide you with evidence relating to the suspected improper or illegal acts of your Account, unless otherwise required by applicable law.

2.8          We have no obligation to your Account created via third party platforms. You acknowledge and agree that if your Account and User ID are registered and created via a third party platform (e.g., Facebook account, Google account, mobile application store account), then such Account and User ID is the responsibility of the third party and not us. We have no obligation to retrieve such Account or User ID registered with third parties or otherwise provide services in connection with such Account or User ID. All the matters relating to such third party Account and User ID shall be resolved by you and the applicable third party, provided that you shall inform us in the event that your Account and User ID is stolen or otherwise not used in ordinary course.

3.                  YOUR OBLIGATIONS

3.1              You may receive messages and announcements. You understand and agree that the Product may include service announcements and administrative messages and, to the maximum extent permitted by applicable law, you may not have the right to opt out of receiving them due to the setting of your device or in accordance with applicable law.

3.2                You are responsible for your own device.

(a)           You are required to provide your own computer, network equipment and network resources for use of the Products and Services, and to pay for all fees incurred as a result of having access to the Internet. You agree that we are not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. We do not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.

(b)            If you download or stream the Product onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.

3.3              You may be required to pay for the use of the Products and Services. You acknowledge and agree that certain Products and/or Services are limited to users who pay for the corresponding Products and/or Services, and certain Services are limited to user Accounts of a certain level.

3.4              You are required to comply with the following restrictions when using the Products and Services. You:

(a)             shall not use the Products or Services for any illegal purposes;

(b)            shall not modify, reverse engineer, decompile, disassemble, copy, or distribute the Products and any elements or software embedded therein, including without limitation, modifying any proprietary communication protocol of the software, and modifying or locking data in dynamic random access memory (RAM);

(c)             shall not take any acts which are out of the ordinary course (including, without limitation, damaging, attacking or overloading the servers) that may affect the provision of the Services;

(d)             shall not use any plug-in or Product modification program. If the definition of plug-in stipulated by applicable law conflicts with the definition hereunder, the definition under applicable laws shall prevail;

(e)              shall not use the Products and/or Services by using or with the assistance of third-party software not approved by us;

(f)               shall not take any action that violates the game rules and fairness of the game;

(g)           to avoid disrupting the fairness of the game, you acknowledge and agree that you shall only use the Products and Services in an ordinary manner, and trade Virtual Items via the platforms approved by us (if such trading is permitted by us). Trading of Virtual Items and other profit-making actions, unless expressly permitted by us, will be deemed as improper benefits, including, without limitation, where you:

(i)                use the Products and Services for profit (including registering multiple Accounts and leveling up the Accounts for profit);

(ii)              sell the Virtual Items for profit, including by taking advantage of the price difference among different servers;

(iii)           make profit by collecting commissions for acting as agent for trading the Accounts or Virtual Items;

(iv)            trade the Accounts or Virtual Items in any manner not approved by us;

(v)              use the Products for the purpose of obtaining certain Virtual Items for trading;

(vi)          organize or participate in gambling, or conduct or participate in theft of property or Virtual Items of other person, or engage in other illegal acts by using the Products or Services; and

(vii)          any other in-game profit-making behaviors that are not within the ordinary manner of the game play.

(h)               shall not log in the Product by unusual methods (including, without limitation, by third-party software or systems not developed, authorized or approved by us), make payments by using invalid credit cards, stolen credit cards or other illegal methods, use a network accelerator or other plug-in or a robot program to maliciously disrupt service facilities and disturb ordinary service orders;

(i)               shall not create, broadcast or use plug-ins, packages, acceleration software and other programs to cheat, or organize or abet others to use such software programs, or sell such software programs to make profits for individuals or organizations;

(j)                 shall not attack or attempt to attack the servers, routers, switches and other devices providing the Services in any manner, to obtain the data illegally or to modify the data without authorization, and any other acts that would damage the use of the Products and Services in the ordinary manner;

(k)               shall not use the technical defects or bugs in the Products to benefit yourself and/or others in any manner (including, without limitation, duplicating Virtual Items in the Products) or engage in any other misconduct;

(l)                shall not, without written consent from us, use any Intellectual Property Rights of Perfect World to create or provide the same or similar services, such as emulation servers, private servers, etc.;

(m)             shall not use the Products and network service systems in any acts that may adversely impact the operation of the Internet in an ordinary manner, or may interfere with the use of Products and Services provided by us in an ordinary manner;

(n)                shall not use the Products or Services to transmit any harassment, defamatory, insulting, intimidating, vulgar, obscene, fraudulent or any other illegal information;

(o)               shall not use the Services or Products for illegal or improper dialogues or game play, including without limitation, sending or distributing third-party websites and game trading platforms unapproved by us, enticing other players to search for such third-party platforms, trading mechanism unapproved by us, engaging another person to level up for your own Account, etc.;

(p)               shall defer to the customer service and other communication channels designated by us in regard to any consultation or questions of the Products and Services;

(q)               shall not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose;

(r)                shall not obtain Virtual Items (including, without limitation, Virtual Currency, Virtual Props) in a manner that violates the game rules or in other improper or illegal manner;

(s)             shall not use any robot, spider, crawler or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Products or Services to monitor, extract, copy or collect information or data from or through the Products or Services, or engage in any manual process to do the same;

(t)               shall not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful into the Products or Services or onto the systems of Perfect World or other users of the Products or Services; and

(u)               shall not make profit out of the Products and Services (including making profit in any kind by producing, distributing or otherwise making available User Content which embodies any element of the Products or Services).

3.5              If you are aware of any illegal or non-permitted use of your Accounts or any Account security issues, please notify us immediately.

3.6          Restrictions Applicable to Virtual Items. If you have multiple Virtual Items, the Virtual Items which you purchased must be consumed before we gift, compensate or otherwise provide Virtual Items to you for free. You can only exchange or transfer the right to use the Virtual Items (including, without limitation, Virtual Currency and Virtual Props, etc.) through the channel(s) (if any) designated by us. Such trading (if permissible) is subject to the requirements and restrictions specified in the SCHEDULE. The trading of Virtual Items via non-approved channels will not be recognized or protected by us, and any disputes arising in connection therewith should be resolved on your own. Without the consent of us, you shall not use the Account, character, Virtual Items and other data in the Products in exchange for legal currency or other tangible or intangible items; otherwise, you will be deemed as to have unconditionally waived all the rights to redeem (if any) the Virtual Items in any manner (if any) permitted by us. For any of your violations of this Section 3.6, we have the right to immediately freeze, revoke and/or delete all your data relating to your Account without any liability to you or any other third party.

3.7              We may retrieve data for you. We may (but are not obligated to) provide services to retrieve stolen items upon your request, for free or for cost. You may contact our customer service team for retrieving stolen items, in which case you will be required to provide us with information and documentation required by us for verification purpose. For the avoidance of doubt, we do not make any express or implied warranties or guarantees to successfully retrieve such items. Details of the services to retrieve such items are subject to separate guidelines (if any) stipulated and published by or on behalf of us, as may be updated by us at our discretion from time to time.

3.8              You shall not circumvent our technical measures.

(a)            We may take technical measures in the Products and Services to prevent unauthorized use of the Products and Services and to prevent any violation of these Terms. You acknowledge and agree that you will not seek to circumvent such technical precautions in any manner.

(b)         You must ensure that your device meets the requirements for the installation and use of the Products and Services. The installation of the Products and running of the software, etc. may disable other software or program running on your device. Your failure to install the Products or any updates in accordance with our installation instructions may result in dysfunction of the Products and Services in whole or in part.

4.                  USER CONTENT

4.1             The Products includes discussion forums, chat rooms, user feedback, messaging features, comments and other interactive areas or services (“UGC Areas”) in which you or other users create, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials in connection with your use of the Products and Services (the “User Content”).

4.2              User Content posted to the UGC Areas is publicly available and not confidential. We strongly recommend that you do not publish any personal information about yourself or others.

4.3              You are solely responsible for the User Content you post and for your use of the Products including UGC Areas.

4.4              You agree not to post, upload, transmit, distribute, store, create or otherwise publish any of the following:

(a)             User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, racist, inconsistent with social, culture or moral standards or otherwise objectionable;

(b)             User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable laws;

(c)              User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

(d)               User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

(e)               User Content that is harmful to adolescents or others;

(f)                unsolicited promotions, political campaigning, advertising or solicitations;

(g)               private information of any third party, including but not limited to, addresses, phone numbers, email addresses, government identity numbers and credit card numbers;

(h)               viruses, corrupted data or other harmful, disruptive or destructive files; or

(i)                 User Content that violates the community guidelines of the Products, as set out in each Product’s official website or in-game announcement from time to time, (if any).

4.5            To the maximum extent permitted by applicable law, and unless it results from our negligence or fault, you acknowledge and agree that we take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive hosting services, we are not liable for any statements, representations or User Content provided by users in any public forum, personal home page or other UGC Area, unless we have actual knowledge of such content or do not remove it expeditiously upon obtaining such knowledge. Although we have no obligation to screen, edit or monitor any of the User Content, we reserve the right to remove, screen or edit any User Content posted or stored at any time and for any reason without notice.

4.6            You are solely responsible for creating backup copies of and replacing any User Content you post or store at your own cost and expense. Any use of the Products and Services including the UGC Areas or other portions thereof in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Products and Services or any part thereof.

4.7            You represent and warrant that, subject to Section 7 herein, you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Product. You also represent and warrant that (a) the User Content is accurate and not misleading; and (b) the use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You shall be solely liable for all royalties, fees, damages and any other monies resulting from any infringement of such right or any other harm resulting from any User Content you provide.

4.8         IN CONSIDERATION FOR THE USE OF OUR PRODUCTS AND SERVICES, WHICH CONSTITUTES FULL AND COMPLETE CONSIDERATION TO YOU, YOU GRANT TO US ALL CONSENTS, CLEARANCES AND A NON-EXCLUSIVE, PERPETUAL, WORLDWIDE, COMPLETE, SUB-LICENSABLE, TRANSFERABLE, ASSIGNABLE, FULLY PAID-UP, ROYALTY-FREE AND IRREVOCABLE LICENSE ON ANY INTELLECTUAL PROPERTY RIGHTS IN OR TO THE USER CONTENT, INCLUDING BUT NOT LIMITED TO PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER INTELLECTUAL OR PROPRIETARY RIGHT, TO RE-POST, PUBLISH, USE, QUOTE, ADAPT, TRANSLATE, ARCHIVE, STORE, REPRODUCE, MODIFY, CREATE DERIVATIVE WORKS FROM, SYNDICATE, LICENSE, PRINT, SUBLICENSE, DISTRIBUTE, TRANSMIT, BROADCAST, OTHERWISE COMMUNICATE, PUBLICLY DISPLAY AND PERFORM, DIGITALLY PERFORM, MAKE, HAVE MADE, USE, SELL, OFFER FOR SALE, IMPORT AND/OR OTHERWISE EXPLOIT THE USER CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, IN ANY MANNER OR FORM AND IN ANY MEDIUM OR FORUM, WHETHER NOW KNOWN OR HEREAFTER DEVISED, WITHOUT NOTICE, ACKNOWLEDGMENT OR ADDITIONAL COMPENSATION TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE AND AGREE NOT TO ASSERT ANY MORAL OR SIMILAR RIGHTS YOU MAY HAVE IN USER CONTENT.

5.                  FEES & REFUNDS

5.1              Fees.

(a)           There is no basic usage fee for the Products or Services provided by us. However, you may have to pay fees to us or applicable third parties to access and acquire certain game items or activities, and to purchase Virtual Currency for the purchase of in-game items or activities. You shall pay the fees in accordance with the price and billing method indicated on the Virtual Currency provided by us. After the purchase you will have the right to use Virtual Currency and be able to use it in the way as is stipulated. Use of any platform-specific payment processing options is subject to any terms imposed by the relevant platform. Virtual Currency may be used only within the Products and only within the scope and for the purposes specified by us.

(b)         VIRTUAL CURRENCY HAS NO MONETARY VALUE AND CANNOT BE REDEEMED FOR LEGAL CURRENCY. VIRTUAL CURRENCY AND THE RIGHT TO USE APPLICABLE VIRTUAL CURRENCY ARE NON-TRANSFERABLE, IN WHOLE OR IN PART. THE RIGHT TO USE VIRTUAL CURRENCY IS AN INTEGRAL PART OF THE USE OF THE PRODUCTS AND SERVICES.

(c)            You understand and agree that we may, from time to time, modify, amend, or supplement our fees, billing methods and terms applicable to Virtual Currency or to any purchases, and post those changes in these Terms, in separate sale terms and conditions or in other terms or agreements posted on the applicable website or as part of a Product or otherwise provided to you by us. If so, we will notify you of material changes relevant to you via email (if available to us) or by other means and, if such changes would cause you to be subject to significantly higher fees, we will provide you with the opportunity to cancel your purchase. Such modifications, amendments, supplements or terms shall be effective immediately upon posting and shall be incorporated by reference into these Terms to the extent legally permissible. If any change is unacceptable to you, you shall not make any purchase and may terminate your Account at any time.

(d)             In addition to these Terms, your purchase of the Virtual Currency will also be subject to the terms and conditions of the applicable platforms and third parties on and through which you make the purchase. Any dispute between you and such third parties shall be resolved by you and such third parties directly, and we have no liability with respect to your purchase not directly made from us and any dispute arising therefrom.

5.2              Refunds and compensation.

(a)          Except to the extent that you have a right to refund under local laws in your jurisdiction, you acknowledge and agree that any applicable fees and other charges are payable in advance and NONREFUNDABLE, unless otherwise agreed by us. With respect to payment directly made to us (if any) (other than to non-Perfect World platforms), if you find that we have mistakenly charged you any amount, you may contact us within thirty (30 ) days following the date on which you make the payment or within the period provided under applicable laws, whichever is longer. The refund for any payment made via a third party platform is subject to the terms and conditions of the applicable platform and third party on and through which you make the purchase.

(b)              If you claim a chargeback for any reason, we have the right to investigate and dispute such chargeback.

(c)             To the maximum extent permitted by applicable law, we are not liable for “hacking” or loss of your Virtual Items from your Account, however, we may, in our discretion, reimburse the relevant Virtual Item(s) upon evidence that such loss was not due to your inappropriate use. We may limit the quantity of any item or refuse to provide you with any Virtual Item at all. Verification of certain information applicable to a transaction may be required prior to our acceptance of your payment. Price and availability of Virtual Props are subject to change with or without notice. We have no liability with respect to Virtual Items that is gifted to you or provided as an incentive.

6.                  LIMITED RIGHT TO USE THE PRODUCTS AND SERVICES

6.1              How you may use the Product.

(a)               In return for your agreeing to comply with these Terms, you may:

(i)                download a copy of the Product onto your devices, and view, use and display the Product on such devices for your personal purposes only;

(ii)              receive and use any supplementary software code or update of the Product incorporating “patches” and corrections of errors as we may provide to you;

(iii)           use the Services we provide in connection with the Products.

(b)               Except as expressly permitted in these Terms, the above rights do not include, and you agree not to engage in, any:

(i)                sublicensing, lending or commercial use of the Product or material therein;

(ii)              distribution, public performance or public display of any Products or material therein except in connection with game play in the ordinary manner;

(iii)           modifying, adapting, altering, enhancing, or otherwise making any derivative uses of any Products, content or other materials therein, or any portion thereof;

(iv)            use of any data mining, robots or similar data gathering or extraction methods;

(v)              downloading of any portion of the Products or any information contained therein, except as expressly permitted by us;

(vi)            reverse engineering or decompiling of the Products, or otherwise attempt to derive source code from the Products or other software included in the Products; or

(vii)          any use of the Products other than for its intended purpose.

(c)             Rights granted to you hereunder are revocable. Any use of the Products other than as specifically authorized herein, without prior written permission from us is strictly prohibited and will, at our election, terminate your rights granted by us herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to or rights in Intellectual Property Rights, whether by estoppel, implication or otherwise.

(d)            You may not transfer the Product to someone else. We are giving you personally the right to use the Product as set out above. You may not otherwise transfer the Product to someone else, whether for money, for any other forms of consideration or for free. If you sell or gift any device on which the Product is installed, you must first remove the Product from the device.

6.2              Acceptable use restrictions.

(a)               You agree that you will:

(i)                not sub-license, provide, or otherwise make available, the Product in any form, in whole or in part to any person without prior written consent from us;

(ii)              not copy the Product, except as part of the ordinary use of the Product;

(iii)           not translate, merge, adapt, vary, alter or modify, the whole or any part of the Product nor permit the Product or the Product or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Product on devices as permitted in these terms; and

(iv)            not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Product nor attempt to do any such things.

(b)               To the extent that they apply to you, you must comply with all applicable technology control or export laws and regulations (if any) that apply to the technology used or supported by the Products.

(c)               You must not:

(i)            use the Products and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Products or any operating system;

(ii)           infringe our Intellectual Property Rights or those of any third party in relation to your use of the Product, including by the submission of any material (to the extent that such use is not granted by these Terms);

(iii)           transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Product;

(iv)            use the Products in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(v)              collect or harvest any information or data from any Product or our systems or attempt to decipher any transmissions to or from the servers running any Product.

7.                  PROPRIETARY RIGHTS

7.1       NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT ALL INTELLECTUAL PROPERTY RIGHTS IN THE PRODUCTS AND SERVICES (INCLUDING ANY AND ALL ELEMENT IN CONNECTION WITH THE PRODUCTS AND SERVICES EMBODIED IN THE USER CONTENT) THROUGHOUT THE WORLD BELONG TO US AND THE RIGHTS IN THE PRODUCTS ARE LICENSED (NOT SOLD) TO YOU. YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS IN, OR TO, THE PRODUCTS OTHER THAN THE RIGHT TO USE THEM IN ACCORDANCE WITH THESE TERMS. Intellectual Property Rights refer to any and all trademarks, service marks, trade names, trade dress, works of authorship and art, copyrights and copyrightable materials (including without limitation, titles, computer code, designs, objects, buildings and architecture, automobiles, characters, character names, stories, dialog, catch phrases, locations, game play, rules, effects and methods of operation, photos, graphics, and any related documentation), game animations, videos, audio, music, lyrics, script, domain names, ideas, logos, submissions, writings, concepts, themes, places, moral rights, rights of publicity, packaging, personality and privacy rights, utility models, other industrial or intangible property rights of a similar nature, and all other forms of intellectual property rights recognized by applicable laws, treaties, and conventions, and all inventions, software, technology that are patentable in such matter, including patents, utility models, know-how and trade secrets, all grants and registration worldwide in connection with the foregoing and all other rights with respect thereto existing other than pursuant to grant or registration, all applications for any such grant or registration, all rights of priority under international conventions to make such application and the right to control their prosecution, and all amendments, constitutions, divisions and continuations of such applications, and all corrections, reissues, patents of addition, extensions and renewals of any such grant, registration or right.

7.2        NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND THAT ALL RIGHTS IN AND TO YOUR ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF US. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP, OR OTHER PROPRIETARY INTEREST IN THE VIRTUAL GOODS THAT YOU UNLOCK OR ACCUMULATE, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL GOODS. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING, OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE PRODUCT CONTENT, VIRTUAL GOODS, INCLUDING THE DELETION OF PRODUCT CONTENT, VIRTUAL GOODS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.

7.3           You acknowledge and agree that the data presented to you in the Product is all the data you have access to. We have no obligation to share any other data with you, unless otherwise required under applicable laws. For more details relating to how we collect, use and share data, please refer to our Privacy Policy.

8.                  THIRD PARTY CONTENT

8.1              We may provide or make available tools that allow third party or social media content to be shared through the Product including links to web pages, websites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information.

8.2              You acknowledge and agree:

(a)               We do not check, verify, monitor, provide any support to or have any control over any Third Party Content on third party websites.

(b)               We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness.

(c)               We do not represent or warrant the accuracy, reliability or legality of any information contained in the Third Party Content.

(d)               We have the right to remove any Third Party Content from our Products and Services at our discretion, unless otherwise required by applicable law.

(e)             We undertake no responsibility to update or review any Third Party Content (including without limitation any payment you may make by using such Third Party Content), unless otherwise required by applicable law.

(f)              You use such Third Party Content contained therein at your own risk. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

9.                  INTERRUPTION

9.1             We reserve the right to interrupt the availability of a Products or Services or any part thereof from time to time on a regularly scheduled basis or otherwise with or without prior notice, including without limitation under the following circumstances:

(a)               maintenance and fixation of server, network, software and/or hardware which are necessary to provide the access of the Products and Services to you;

(b)               force majeure;

(c)               in accordance with the order of governmental authorities or other in-charge authorities; and

(d)               in order to comply with applicable laws.

9.2              You agree that we will not be liable for any interruption of the Products or Services or any part thereof, delay or failure to perform resulting from any causes whatsoever, to the maximum extent permitted by applicable law.

10.              SUSPENSION AND TERMINATION

10.1          We may end your rights to use the Products if you do not comply with these Terms.

(a)               For your violations we may at our option issue warnings and temporary suspensions and permanent terminations of Accounts. We retain the discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under our absolute discretion.

(b)            We may end your rights to use the Products at any time by contacting you if you have breached these Terms. If your breach of the Terms can be corrected, we may give you a reasonable opportunity to do so. Additional terms for suspension and/or termination of your Account for the Product in your jurisdiction are set forth in the SCHEDULE.

(c)               To the maximum extent permitted by applicable law, in the event your Account is terminated for any reason, or for no reason, unless otherwise agreed by us or required by applicable law, no refund will be granted, no online time or other credits (e.g., Virtual Currency in a Product) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account. Any delinquent or unpaid Accounts or Accounts with unresolved disputes must be settled before we may allow you to register again.

(d)               If we end your rights to use the Products or Services:

(i)                You must stop all activities authorized by these terms, including your use of the Product.

(ii)             You must delete or remove the Product from all devices in your possession and immediately destroy all copies of the Product which you have and confirm to us that you have done so.

(iii)            We may remotely access your devices and remove the Product from them and cease to provide you with access to the Product.

10.2          We may terminate services permanently.

(a)               Upon reasonable advance notice, and to the extent legally permissible, we may end the Services and access to the Products permanently for all users. You understand that we will not assume any obligations to you with respect to the Products and Services for such permanent termination, to the maximum extent permitted by applicable law.

(b)               You understand and agree that, to the maximum extent permitted by applicable law, any Products and Services and/or any items (including Virtual Items therein) which are stated to be “permanent” or its equivalent shall be interpreted as a time period until the date announced by us when the Products and Services will be terminated permanently, or the date when such Virtual Items are lost due to technical issues.

10.3          Effect of termination. Termination of your Account also entails the termination of the license to use the Products and Services, or any part thereof.

11.              TRIALS & BETA TESTING

11.1          You may be given the opportunity to Beta Test and/or new features of our Products (“Beta Products”). To the extent such Beta Products are provided by us to you, your participation as a beta tester is subject to the terms and conditions in this Section 11.

11.2          You acknowledge that you are using a preliminary, preview edition of the Product features and the Beta Products and that you are participating in a beta test thereof (the “Beta Test”), and that the Beta Products may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other software applications, and may cause errors, data loss or other problems.

11.3         If we have made clear that a certain Beta Product is provided to you on a confidential basis, you agree that all information about the Beta Products, and the Beta Test, including without limitation any comments, ideas or other feedback you provide to us regarding the Beta Products, or the Beta Test, shall be treated as confidential ( “Confidential Information”). You agree not to use the Confidential Information in any manner, except for your personal use for the sole purpose of testing the Beta Products, and you agree to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person. You further agree to take all steps reasonably necessary to protect the secrecy of the Confidential Information and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons. All Confidential Information shall remain the sole property of us, and we may use such Confidential Information for any purpose without any obligation to you. You will carry out the testing personally and not provide access to Beta Products to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to us, and we are entitled to (in addition to any other remedies available to us) take legal action against you to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta Products confidential will continue until we publicly distribute, or have otherwise been disclosed to the public through no fault of yours, each of the Products and the content that you are testing.

11.4         As a beta tester, you are invited to play Beta Products for the sole purpose of evaluating the Products and identifying errors. Nothing in these Terms, or through the Product, shall be construed as granting you any rights or privileges of any kind with respect to the Beta Products or content or materials that you find here. The Beta Products are provided for testing on an “as is,” and “as available” basis and we make no warranty to you of any kind, express or implied. You understand and agree that playing Beta Products is at your own risk, that the Beta Products may include known or unknown bugs, and that we have no obligations to you with respect to Beta Products, including without limitation any obligation to provide such Products to you in the future at no charge.

11.5          When playing certain Beta Products, you may accumulate treasure, experience points, equipment, or other value or status indicators within the Beta Test. This data may be reset at any time during the testing process, and it may be reset when the particular Product completes this testing phase. In this case, you acknowledge and agree that all player history and data may be erased and each player may return to novice status.

12.              CHANGES TO THESE TERMS

12.1          We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We may notify you through our website or in-game message when changes to these Terms occur.

12.2          IF YOU DO NOT ACCEPT THE CHANGES, YOU SHOULD NOT CONTINUE TO USE THE PRODUCT. BY CONTINUING TO USE THE PRODUCT OR CLICKING “AGREE”, YOU AGREE TO USE OF THE PRODUCT IN ACCORDANCE WITH THE UPDATED TERMS.

13.              CHANGES TO THE PRODUCT

13.1          From time to time we may automatically update the Products to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may also ask you to update the Product for these reasons. These Terms shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.

13.2          If you choose not to install such updates, you may not be able to continue using the Product.

14.              SUPPORT FOR THE PRODUCT AND HOW TO TELL US ABOUT PROBLEMS

14.1          Support. If you want to learn more about the Products or have any problems using it please take a look at our support resources specified in the SCHEDULE.

14.2         Contacting us (including complaints). If you think the Product is faulty or inaccurately described or wish to contact us for any other reason please contact our customer service team specified in the SCHEDULE.

14.3          How we will communicate with you. If we have to contact you, we will do so using the contact details you have provided to us.

15.              YOUR PRIVACY

15.1          Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy specified in the SCHEDULE and it is important that you read that information.

15.2          Please be aware that Internet transmissions are never completely private or secure and that there is always a risk that a message or information you send using the Product may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

16.              NOTIFICATION

You understand and agree that we may, with your consent, send push notifications and local notifications to your device to provide game updates and other relevant messages. If you no longer wish to receive push notifications/alerts from our Products, you may opt out by changing your notification settings on your device.

17.              MARKETING

We may run advertisements and promotions from third parties through the Products and Services or may otherwise provide information about or links to third-party products or services through the Product. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers or third party information. If you access a third party website from the Product, you do so at your own risk, and you understand that these Terms do not apply to your use of such sites. You relieve us from any and all liability arising from your use of any third-party website, service, or content.

18.              PLATFORM TERMS ALSO APPLY

The ways in which you can use the Products may also be controlled by the relevant platform provider’s rules and policies. To the extent required by such rules and policies, those terms will prevail instead of these Terms where there are differences between the two. For details of the applicable platforms, please refer to the SCHEDULE.

19.              WARRANTIES, DAMAGES, LIMITATION OF LIABILITIES

19.1          DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT:

(a)          TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS, SERVICES AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, TITLE AND NON-INFRINGEMENT AS TO THE PRODUCTS AND SERVICES, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE.

(b)      WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c)         WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE PRODUCTS AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES, BUGS, ERRORS OR OTHER HARMFUL COMPONENTS OR DEFECTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d)        A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE PRODUCTS OR SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE PRODUCT AND SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

(e)         REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.

19.2          Our responsibility for loss or damage suffered by you.

(a)             We are responsible to you for foreseeable loss and damage caused by us.If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failing to use reasonable care and skill. However, to the maximum extent permitted by applicable law, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time you accepted these terms, both you and us knew it might happen.

(b)              Notwithstanding anything to the contrary herein, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

(c)               We are not liable for your damage that is avoidable. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

(d)             We are not liable for business losses. The Product is for private use and you shall not use the Product for profit. If you use the Product for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, unless otherwise dictated by applicable mandatory law.

(e)                  Limitations to the Product. The Products are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Product. Although we make reasonable efforts to update the information provided by the Product, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

(f)                 Check that the Products are suitable for you. The Products have not been developed to meet your individual requirements. Please check that the facilities and functions of the relevant Product meet your requirements.

(g)                 We are not responsible for events outside our control. If we have to cancel or delay in providing the Products or Services to you by an event outside our control, we will use commercially reasonable efforts take steps to minimize the effect of the delay or cancellation, but you acknowledge and agree that we have no obligation to you for such delay or cancellation.

19.3          LIMITATION OF LIABILITY.

(a)          TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, IN NO EVENT SHALL WE, AND OUR DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES OR ANY OF THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, PRODUCTS OR SERVICES.

(b)       TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE THEREOF.

(c)             TO THE EXTENT THAT APPLICABLE LAWS DO NOT ALLOW OR MAY LIMIT THE FOREGOING LIMITATIONS OF LIABILITY, THESE LIMITATIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY APPLICABLE LAW. IN SUCH CASE YOU EXPLICITLY AGREE THAT OUR (OR ANY SUCH OTHER RELEASED PARTIES) LIABILITY TO YOU SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

19.4          Your responsibility for damages suffered by us or others.

(a)           You agree to defend, indemnify and hold harmless us, our independent contractors, service providers and consultants, and their respective directors, employees, agents, partners, affiliates, and subsidiaries, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Products, your conduct, your violations of these Terms, any misuse of the Products or Services, or your violation of the rights of any third party.

20.              GOVERNING LAWS AND DISPUTE RESOLUTION

EXCEPT AS MAY BE SET FORTH IN A JURISDICTION-SPECIFIC SCHEDULE BELOW, THESE TERMS ARE GOVERNED BY THE LAWS OF HONG KONG, AND ANY DISPUTE, CONTROVERSY OR CLAIM ARISING FROM OR IN CONNECTION WITH THE TERMS, INCLUDING ANY QUESTION REGARDING ITS EXISTENCE, VALIDITY OR TERMINATION, SHALL BE EXCLUSIVELY REFERRED TO AND DETERMINED BY THE HONG KONG INTERNATIONAL ARBITRATION CENTRE.

21.              ADDITIONAL TERMS YOU NEED TO COMPLY WITH

21.1          You agree to comply with these Terms in connection with your use of the Products and Services. 

21.2          In addition to these Terms, certain Products have additional terms specific to their use. These additional terms (if any) are set out in the SCHEDULE.

22.              JURISDICTION-SPECIFIC CONDITIONS

IF YOU ARE USING THE PRODUCTS OR SERVICES FROM WITHIN THE EUROPEAN ECONOMIC AREA, UNITED KINGDOM, FRANCE, UNITED STATES, THE TERMS AS THEY APPLY TO YOUR USE OF THE PRODUCTS OR SERVICES FROM THE JURISDICTION SHALL BE AMENDED AS SET BELOW IN THE SCHEDULE.

23.              MISCELLANEOUS

23.1        Interpretation. In these Terms (except where the context otherwise requires): (a) words in the singular shall include the plural and in the plural shall include the singular; (b) any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; (c) unless otherwise stated, a reference to “writing” includes email; (d) a “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); (e) the SCHEDULE forms part of the Terms and shall have effect as if set out in full in the body of the Terms and any reference to these Terms includes the SCHEDULE.

23.2          You need our consent to transfer your rights to someone else. You may not transfer your rights or your obligations under these Terms to another person unless we give our prior consent in writing.

23.3           No rights for third parties. A person other than you and us has no rights to rely on or enforce any term hereunder.

23.4        IF A COURT FINDS PART OF THE TERMS ILLEGAL OR UNENFORCEABLE, THE REST WILL CONTINUE IN FORCE. EACH OF THE PARAGRAPHS OF THESE TERMS OPERATES SEPARATELY. IF ANY COURT OR RELEVANT AUTHORITY DECIDES THAT ANY OF THEM ARE UNLAWFUL, THE REMAINING SECTIONS, PARAGRAPHS OR PROVISIONS WILL REMAIN IN FULL FORCE AND EFFECT. IF ANY PROVISION OF THESE TERMS IS SO FOUND TO BE INVALID OR UNENFORCEABLE BUT WOULD BE VALID OR ENFORCEABLE IF SOME PART OF THE PROVISION WERE DELETED, THE PROVISION IN QUESTION SHALL APPLY WITH SUCH DELETION(S) AS MAY BE NECESSARY TO MAKE IT VALID.

23.5          Even if we delay in enforcing the Terms, we can still enforce it later. To the maximum extent permitted by applicable law, even if we delay in enforcing the Terms, we can still enforce it later. If we do not insist immediately that you do anything as required under these terms, or if we delay in taking steps against you in respect of your breach of the Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

23.6           Headings for reference only. Headings are for reference only and have no legal effect respecting the scope, meaning or intent of any of the articles of the Terms.

SCHEDULE

1.                  CONTACT INFORMATION

If you have any questions or suggestions about the Products, Services or these Terms, please contact us at: game_service@pwrd.com

2.                  RESTRICTIONS APPLICABLE TO GUEST ACCOUNT

2.1              If you play the game by using a guest Account on one device, your Account data will only be saved in the game on such device and will not be available if you log in the game on another device.

2.2              If you play the game by using a guest Account, when you delete the game from your device, you will be deemed to have abandoned such guest Account, the access to such guest Account, and any and all data, including the ranking, the Virtual Props, Virtual Currency (if applicable), relating to such guest Account. All game data from such guest Account will not be uploaded to our servers and you will not be able to re-log in the game by using the same guest Account even when you re-install the game on the same device.

3.                  ACCOUNT SUSPENSION AND TERMINATION

3.1             The additional terms for suspension and/or termination of your Account for the Product in your jurisdiction are as follows:

If we determine that you are a “gold farmer” who sells Virtual Items for real world currency, your Account (and/or your characters) will be terminated by us in perpetuity.

If you, without our authorization, act as Perfect World or on behalf of Perfect World, cheat other users and cause damages to such other users, your Account (and/or your characters) will be terminated by us in perpetuity.

If you disseminate fake, untrue or inaccurate information by using your Account, we have the right to suspend your access to your Account (and/or your characters) for no less than one (1) day based on the severity of your violation.

If you violate the other applicable game rules or user restrictions in these terms, we have the right to suspend your access to your Account (and/or your characters) for no less than half an hour based on the severity of your violation.

4.                  TRADING OF VIRTUAL PROPS

4.1           You are permitted to trade your Virtual Props in exchange for other Virtual Props or other Virtual Items (including Virtual Currency) in the manner made available by us in the game. For each trading transaction, we may charge and deduct a percentage of the Virtual Items value amount you have traded for as a trading fee. Such Virtual Currency you have traded for will be credited to your Account and can be used by you in the game, but you cannot transfer such Virtual Currency to another account (even another Account of yours) or trade such Virtual Currency with another user.

5.                  PLATFORM TERMS ALSO APPLY

The ways in which you use the Product(s) and/or Services may also be controlled by a third-party platform or store, including but not limited to, Facebook, the Epic Games Store, Steam game platform, the Google Play Store and Apple App Store (each, an “App Store”). Your use of our Products or Services is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between the Terms and any other App Store Agreements(s) from which you acquire one of our Products, these Terms shall prevail.

Platform	Platform Terms
iOS APP Store	Your use of the Products or Services made available as apps via the iOS App Store (“iOS Apps”) is subject to any policies promulgated by Apple, Inc. or its affiliates or subsidiaries (collectively, “Apple”) that apply to the use of such service, including the Apple Media Services Terms and Conditions available at https://www.apple.com/legal/internet-services/itunes/.
Google Play	Your use of the Google Play Store is subject to any policies that apply to the use of such service, including the Google Play Terms of Service available at https://www.google.com/mobile/android/market-tos.html.
Facebook	Your use of the Facebook Apps Portal is subject to any policies that apply to the use of such service, including the Facebook Terms of Service available at https://www.facebook.com/legal/terms.

 

6.                  JURISDICTION-SPECIFIC CONDITIONS

If you are using the products or services from within the jurisdictions as specified below, the following Sections shall apply to you separately.

EUROPEAN ECONOMIC AREA AND UNITED KINGDOM

FRANCE

UNITED STATES