网易游戏 Netease Games

关于网易游戏 公司简介

ONMYOJI USER AGREEMENT


USER AGREEMENT

Last Updated: September 22, 2017


1 About These Terms

1.1 This 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 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.


3 Virtual Goods and Virtual Money

3.1 Our Games may include virtual currencies such as coins, gold coins and points ("Virtual Money") or items or services for use with our Games ("Virtual Goods"). .

3.2 Virtual Goods and Virtual Money can be used for so long as we operate a Game unless specially marked with duration or maximum charges. The license of use will be terminated if the duration expires or the maximum charges are reached.

3.3 Unless otherwise specified, you may not transfer the Virtual Good or Virtual Money in any way once you purchase it, including but not limited to transaction, gift and exchange for real money.

3.4 YOU AGREE THAT ALL SALES BY US TO YOU OF VIRTUAL MONEY AND VIRTUAL GOODS ARE FINAL AND NOT REFUNDABLE, UNLESS APPLICABLE LAWS SPECIFY OTHERWISE.


4 User Conduct and content

4.1 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 and/or playing our Game.

4.2 You or other users may send, upload, communicate, transmit or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, or other materials via our Games ("Content"). You are exclusively responsible for any and all Content that you may upload, communicate, transmit or otherwise make available via our Games, either published in public or sent in private.

4.3 Regarding to the Content in the Game, you agree to comply with applicable laws and to the following:

4.3.1 You will not upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or discriminatory, pornographic sexually explicit or otherwise;

4.3.2 You will not post any that content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;

4.3.3 You will not post 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;

4.3.4 You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

4.3.5 You will not upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and

4.3.6 You will not post any content that contains anything that, in the sole determination of NetEase, is objectionable or inhibits any other person from using or enjoying the Games, or which may expose NetEase or its users to any harm or liability of any kind.

4.4 By playing our Game, you agree that you will not:

4.4.1 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;

4.4.2 use our Games in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;

4.4.3 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;

4.4.4 use our Games 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;

4.4.5 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;

4.4.6 remove or amend any patent notice, copyright notice or other intellectual property information from our Games;

4.4.7 collect any information, other than reasonably necessary for playing the Games, of other users; and

4.4.8 use our Games in any other way not permitted by this Agreement or any posted guidelines or rules.


5 Access

5.1 You are responsible for obtaining and maintaining necessary devices for playing our Games, 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.

5.2 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.


6 Disclaimer

6.1 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.

6.2 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 DIRECT, 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 GAMES, 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 GAMES, 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.


7 Breach and Indemnification

7.1 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.

7.2 You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees 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.


8 Intellectual property

8.1 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.

8.2 The Games and all content and software associated with them 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 royalty-free, 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 Games on your device), distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display our Work or any adaptations thereof.

8.3 The license granted herein will automatically terminate in the event of your breach of this Agreement.


9 Privacy

9.1 By playing our Game or using any related services, you may provide the following information to us:

9.1.1 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. If any third party account is used to log in the Game, your information will be collected subject to the private policy of such third party.

9.1.2 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, operating system and geographic position. Just for clarification, your geographic position will be collected with your further consent and only to improve your experience in our Game. You can use most services of our Game without providing your geographic information.

9.1.3 Your interactions with us, including but not limit to claims, critics, suggestions, feedbacks, and investigations.

9.2 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 e-mail newsletters or updates; or (7) make payments for items and advanced functions, within our Game or any related services.

9.3 We will collect, dispose and use your information in accordance with this Agreement. Your continued use of our Game will deem as your acceptance for us to obtain, utilize and use your information subject to this Agreement.

9.4 Information collected under this provision will be only used for:

9.4.1 Provision of our game to users;

9.4.2 Enhancement of user experience;

9.4.3 Identification of the most popular part of our game and estimation of our marketing initiatives; or

9.4.4 Notification of the Game updates to users.

9.5 Under and only under the following circumstance, information collected under this provision will be disclosed to the designated third parties:

9.5.1 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.

9.5.2 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.

9.6 We will safely manage the information provided by you with reasonable care and comply with the applicable laws and regulations.

9.7 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.


10 Governing law and Jurisdiction

10.1 The User Agreement between you and us 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 Games 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.


11 Miscellaneous

11.1 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.

11.2 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.

11.3 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.

11.4 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.

11.5 Contact Us

Questions regarding this User Agreement or the privacy practices of us should be directed to customer-support@onmyojigame.com