1 About These Terms
1.1This Agreement is entered into by and between you and Hong Kong NetEase Interactive Entertainment Limited (hereinafter referred to as "NetEase", "we", "us" or "our") in relation to our online product and any related services (together referred to as our "Product"). You agree that by accessing and/or using our Product, you are binding to this Agreement. In addition, when using our Product, you may be subject to any posted guidelines or rules applicable to such Product which may be posted from time to time.
1.2We may update this Agreement from time to time by posting the amended terms in our Product or websites. Your continued use of our Product will be deemed as your acceptance of the updated agreement.
1.3YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
2 Accounts
2.1Subject to the laws of your residence country, minor children may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward (collectively, your "Child") to use an account, you hereby agree to this agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you.
2.2You agree that you will make necessary efforts to protect your account information and keep it confidential. You agree that you may not transfer your account as well as any of your rights or obligations under this Agreement to anyone else or share your account information with others without our prior consent.
3 User Conduct and Content
3.1You must follow applicable laws of the jurisdiction where you are located when using our Product. If any applicable laws restrict or forbid you from using our Product, you shall follow such restrictions or stop visiting or using our Product.
3.2Users may send, upload, communicate, transmit or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, or other materials ("Content") via our Product. You are exclusively responsible for any and all Content that you may provide via our Product, either published in public or sent in private. Regarding to such Content, you agree to comply with applicable laws and to the following:
3.2.1 You will not provide any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
3.2.2 You will not provide any Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
3.2.3 You will not provide Content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
3.2.4 You will not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
3.2.5 You will not provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
3.2.6 You will not provide any Content that contains anything that, in the sole determination of NetEase, is objectionable or inhibits any other person from using or enjoying the Product, or which may expose NetEase or its users to any harm or liability of any kind.
3.3By using our Product, you agree that you will not:
3.3.1 except for a necessary backup for using our Product, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Product;
3.3.2 use our Product in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;
3.3.3 use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the Product, collect any information of the Product or connect to the Product;
3.3.4 use our Product for any purpose other than a reasonable person is likely to believe is within the spirit of playing, specifically including without limited to commercial purposes;
3.3.5 reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Product, any Content created by others or any portion thereof, in whole or in part;
3.3.6 remove or amend any patent notice, copyright notice or other intellectual property information from our Product;
3.3.7 collect any information, other than reasonably necessary for using the Product, of other users; and
3.3.8 Unless otherwise specified, transfer virtual currencies such as gold coins and points ("Virtual Money") or items or services for use within our Product ("Virtual Goods") in any way once you purchase it, including but not limited to transaction, gift and exchange for real money.
3.3.9 use our Product in any other way not permitted by this Agreement or any posted guidelines or rules.
4 Access
4.1You are responsible for obtaining and maintaining necessary devices for using our Product, including but not limited to mobile phones and pads, and for device fees, including but not limited to Internet fees, data fees and electricity fees. You recognize that these fees are paid to third parties not relevant to this Agreement and shall not incur any liability of us under this Agreement.
4.2You understand that due to the specialty of the online application, we may update our Product from time to time, which may block your access to the Product for a period of time and result in the modification of the content of the Product. We are not liable for any losses incurred by such updates except for those due to our intent or gross negligence. Unless under an urgent circumstance, we will inform you of such update in advance.
4.3In the circumstance that our Product is in a “test period” or a “beta version” or something of that kind, your access to our Product may be subject to specific rules, such as limited period or limited number of users to access to the Product, privilege of some users to access to the Product, our reserved rights to modify or delete the data of users, and irregular shut down of the Product servers. Please read carefully these rules and your cooperation and feedbacks upon our beta version of the Product are highly appreciated.
5 Disclaimer
5.1Although we endeavor to provide the accurate and reliable services of our Product, you expressly understand and acknowledge that OUR PRODUCT, AS WELL AS THE RELATED SERVICE AND INFORMATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY OR BUG/ERROR/DEFECT-FREE.
5.2Without limiting our liabilities expressly set forth herein or required by the applicable laws, you expressly understand and agree that WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE INABILITY TO USE OUR PRODUCT, AND/OR RELATED SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR PRODUCT, AND/OR RELATED SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR PRODUCT, AND/OR RELATED SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR PRODUCT, AND/OR RELATED SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.
6 Breach and Indemnification
6.1In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved Content; (ii) restoring your Product data to the status before your breach; (iii) terminating your right to use our Product; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities and (v) any other actions set forth in any posted guidelines and rules.
6.2You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
7 Intellectual property
7.1NetEase and our associated logos and names are our trademarks and/or service marks. Other marks, names and logos used in the Product, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
7.2The Product and all data, content and software associated with or generated within it including without limitation any and all Virtual Goods and Virtual Money (collectively referred to as our “Work”) may be protected by the laws of copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights (including without limitation the intellectual property rights and ownership) in our Work. Subject to the terms and conditions of this Agreement and any applicable posted guideline or rules, we hereby grant you a limited, revocable, non-sublicensable and non-exclusive license to use and reproduce our Work solely for your personal use in connection with our Product. Unless expressly set forth herein, you may not otherwise reproduce (other than incidental reproduction required to run the Product on your device), distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display our Work or any adaptations thereof. The license granted herein will automatically terminate in the event of your breach of this Agreement. You can use the Work obtained within our Product for so long as we operate our Product unless the Work is specially marked with duration or maximum charges under which circumstance the license of using such Work will be terminated if the duration expires or the maximum charges are reached. You may pay for license of some Work (such as some Virtual Money and Virtual Goods) and you agree that SUCH PAYMENT IS FINAL AND NON-REFUNDABLE UNLESS APPLICABLE LAWS SPECIFY OTHERWISE. Some Work may be subject to certain third party’s license such as open source license as stated in the Product or our website. Please read carefully the license agreement of such third party and make sure you comply with the requirements set forth in such agreement when using the certain Work.
8 Privacy
8.1By using our Product or any related services, you may provide the following information to us:
8.1.1 Login information which is used to identify specific users of the Product and may include account or any third party account to log in the Product. When you register an account we will expressly indicate the information to be provided. If any third party account is used to log in the Product, your information will be collected subject to the private policy of such third party.
8.1.2 Non-personally identifiable information formed or provided during your use of our Product or any services related, such as your gaming duration, device, IP address and operating system to improve your experience in our Product.
8.1.3 Your interactions with us, including but not limit to Content, claims, critics, suggestions, feedbacks, and investigations, as well as the information you provided to us during the interaction.
8.2The above information may be provided by you when you: (1) register for an account; (2) update your account; (3) request technical service support; (4) purchase products or services; (5) enroll in subscription orders; (6) subscribe to newsletters or updates; or (7) make payments for items and advanced functions, within our Product or any related services.
8.3We will collect, dispose and use your information in accordance with this Agreement. Your continued use of our Product will deem as your acceptance for us to obtain, utilize and use your information subject to this Agreement.
8.4Information collected under this provision will be only used for:
8.4.1 Provision of our Product to users;
8.4.2 Enhancement of user experience;
8.4.3 Identification of the most popular part of our Product and estimation of our marketing initiatives; or
8.4.4 Notification of the Product updates to users.
8.5Under and only under the following circumstance, information collected under this provision will be disclosed to the designated third parties:
8.5.1 For the purpose set forth above, our affiliates or sub-contractors may be commissioned to process such information, provided that such affiliates or sub-contractors comply with terms and conditions hereunder.
8.5.2 We may also disclose such information (i) as you required; (ii) a regulatory requirement, judicial proceeding, court order or legal process served on us; or (iii) to protect the safety, health, right, or property of others, public or ourselves.
8.6We will safely manage the information provided by you with reasonable care and comply with the applicable laws and regulations.
8.7Our Product may contain links to many other web sites or applications, users shall read the corresponding privacy policies carefully in the access to those web sites or applications. We will not be responsible for the acts of such websites or applications.
9 Governing law and Jurisdiction
9.1Unless otherwise stipulated by applicable laws, this Agreement shall be governed by the laws of the Hong Kong, as an agreement wholly performed, negotiated and executed therein without regard to Hong Kong’s conflict of law rules. Any disputes relating in any way to or arising under or out of your use of the Product or the User Agreement shall be binding upon the arbitration held by the China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Center. You hereby consent to personal jurisdiction and venue in CIETAC Hong Kong Arbitration Center.
10 Miscellaneous
10.1Transfer. You agree that we may transfer all or a part of our rights or obligations under this Agreement to a third party upon prior notice to you.
10.2Entire agreement
This Agreement sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.
10.3Severability
If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that this Agreement will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
10.4Waivers of our rights
The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by us.
10.5Contact Us
If you have any further questions this User Agreement or the privacy practices of us, please contact us via the contact information in the Product or on the official website of the Product.