USER AGREEMENT
1 About These Terms
1.1 This Agreement is entered into by and between you and NetEase Interactive Entertainment
Pte. Ltd with registered office at 38 Beach Road, #17-12 South Beach Tower,
Singapore(hereinafter referred to as "NetEase", "we", "us" or "our") in relation to our online
game and any related services (together referred to as our "Game"). You agree that by accessing
and/or playing our Game, you are binding to this Agreement. In addition, when using our Game,
you may be subject to any posted guidelines or rules applicable to such Game which may be
posted from time to time.
1.2 We may update this Agreement from time to time by posting the amended terms in our
Game or websites. Your continued use of our Game will be deemed as your acceptance of the
updated agreement.
1.3 YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF
RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
2 Accounts
2.1 Subject 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.
2.2 You 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.
2.3 You agree that, unless otherwise specified, the system will first debit from the balance of the
Virtual Money that you paid for (Top-up Balance) when you make purchases in the Service, and
then debit from the balance of the Virtual Money that you earn for free if the Top-up Balance is
insufficient. Your purchase will fail if both payment methods are unavailable.
3 User Conduct and Content
3.1 You must follow applicable laws of the jurisdiction where you are located when visiting our
Game. If any applicable laws restrict or forbid you from playing our Game, you shall follow such
restrictions or stop visiting or playing our Game.
3.2 Users may send, upload, communicate, transmit or provide in other methods, information,
data, software, sound, photographs, graphics, video, tags, or other materials ("Content") via our
Game. You are exclusively responsible for any and all Content that you may provide via our Game,
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 Game, or which
may expose NetEase or its users to any harm or liability of any kind.
3.3 By playing our Game, you agree that you will not:
3.3.1 except for a necessary backup for playing our Game, reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of our Game;
3.3.2 use our Game 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 Game, collect any information of the Game or
connect to the Game including but not limited to simulating game user operations, changing the
operating environment, modifying data to disrupt other users game experience through the
employment of external software, including but not limited to scripts (robots), plug-ins, button
wizard software or third-party tools (e.g. the multi-open function under the simulator,
synchronizer, record macro, keyboard mapping, cloud phone etc.); ;
3.3.4 use our Game 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 Game, 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 Game;
3.3.7 collect any information, other than reasonably necessary for playing the Game, 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 Game ("Virtual Goods") in any way once
you purchase it, including but not limited to attempting to trade the Virtual Money and/or Virtual
Goods within our Game with real money/real items via any third party platforms, or attempting
to provide mediation, intermediary, or agency service for such trade in or outside our Game
(collectively RMT), including, but not limited to spamming, spreading RMT advertisements by
any means within or outside our Game, and conducting RMT via any in-game functions, etc..
3.3.9 use our Game in any other way not permitted by this Agreement or any posted guidelines
or rules.
4 Access
4.1 You are responsible for obtaining and maintaining necessary devices for playing our Game,
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.
4.2 You understand that due to the specialty of the online games, we may update our Game from
time to time, which may block your access to the Game for a period of time and result in the
modification of the content of the Game. 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.
4.3 In the circumstance that our Game is in a test period or a beta version or something
of that kind, your access to our Game may be subject to specific rules, such as limited period or
limited number of users to access to the Game, privilege of some users to access to the Game,
our reserved rights to modify or delete the game data of users, and irregular shut down of the
Game servers. Please read carefully these rules and your cooperation and feedbacks upon our
beta version of the Game are highly appreciated.
5 Disclaimer
5.1 Although we endeavor to provide the accurate and reliable services of our Game, you
expressly understand and acknowledge that OUR GAME, 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.
5.2 Without 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 GAME, 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 GAME, 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 GAME, AND/OR RELATED SERVICES; OR (V) ANY OTHER MATTER RELATING
TO OUR GAME, 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
6.1 In 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 Game data to the status before your breach; (iii)
terminating your right to use our Game; (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.
6.2 You 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
7.1 NetEase and our associated logos and names are our trademarks and/or service marks. Other
marks, names and logos used in the Game, 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.
7.2 The Game 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 Game. Unless expressly set forth herein, you may not
otherwise reproduce (other than incidental reproduction required to run the Game 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 Game for so long as we operate our Game 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 partys license such as open source license as stated in the Game 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
8.1 By playing our Game, you may provide the following information to us:
8.1.1 Login information which is used to identify specific users of the Game and may include
game account or any third party account to log in the Game. When you register a game account
we will expressly indicate the information to be provided (such as email address). If any third
party account is used to log in the Game, your information will be collected subject to the privacy
policy of such third party.
8.1.2 Non-personally identifiable information formed or provided during your use of our Game or
any services related, such as your gaming duration, device, IP address and operating system to
improve your experience in our Game.
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.
8.2 The 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 Game or any related services.
8.3 We will collect, dispose and use your information in accordance with this Agreement and the
privacy policy posted by us. Your continued use of our Game will deem as your acceptance for us
to obtain, utilize and use your information subject to this Agreement and such privacy policy.
8.4 Information collected under this provision will be only used for: (1) provision of our game to
users; (2) enhancement of user experience;(3) identification of the most popular part of our
game and estimation of our marketing initiatives; or (4) Notification of the Game updates to
users.
8.5 Under 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.
8.6 We will safely manage the information provided by you with reasonable care and comply with
the applicable laws and regulations. Further information of our privacy practice can be found in
our privacy policy.
8.7 Our Game 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
9.1 Unless 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 Kongs conflict of law rules. Any disputes relating in any way to or arising under
or out of your use of the Game 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
10.1 Transfer.
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.
10.2 Entire 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.
10.3 Severability
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.
10.4 Waivers 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.
10.5 Contact Us
If you have any further questions this User Agreement, please contact us via the contact
information in the Game or on the official website of the Game.