Latest Update：August 5th, 2022
Effective Date: August 5th, 2022
When you contract to use the Service, you accept our rules and policies regarding your personal information and you expressly consent to us collecting, processing, using and storing your personal information, as described in this policy.
If you have any comments, questions or complaints regarding the processing of your personal information, you can contact us at email@example.com.
The Types of Personal Information We Use
This section describes the different types of personal information we collect and how we collect it. We will collect and use the following information about you:
• Information you give us. You give us information about you:
(i) when you register for the Service using third-party social media or similar accounts (e.g. Facebook, Twitter, Google or Apple, collectively “Social Media Accounts”) in order to set up your profile (we import from your connected Social Media Accounts your personal information which may include your name/nickname/username as it appears on your social media profile, your profile picture, your friend list, and your account ID);
(ii) when you register for the Service using email addresses (including your email address and your name/nickname/username);
(iii) when you set up your profile for the Service (including information you voluntarily elect to provide in order to customize gameplay, including but not limited to your name/nickname/username, your gender, your age, etc.) and secure your account for the Service (including information you provide to help secure the account, including but not limited to your phone number, email address, security questions, etc.);
(iv) when you submit your name, date of birth, domestic citizenship or foreign status information for age verification or compliance with applicable laws and regulations;
(v) when you submit your contact details to us (including your name, email address and physical address) as part of promotional activities for the Service;
(vi) when you use location-based functions in the Service (“Location Services”) (including GPS location information, cell-ID, Wi-Fi connection location); and
(vii) when you make purchases in the Service (in which case we will process the information you provide to us to facilitate the payment).
• Information we collect about you. We automatically collect certain data from you when you use the Service, including your IP address and device information (such as device type, network data, operating system) and information regarding your use of and interaction with the Service, such as date and time stamps of actions. We also collect and store your data each time you interact with us, for example, when you use in-app support to communicate with us.
• Information you generate and display in the course of using the Service. You may provide additional information as part of your profile. You may also provide or generate information when you communicate with other users in the Service (e.g., chat log). You acknowledge and agree that information generated within our Service should not be considered private and communications within our Service may be viewed/heard by other users. Please avoid revealing any personally identifiable or sensitive information during such communications.
Cookies and Other Tracking Technologies
In some cases, you may have the option to permit installation of such Cookies or subsequently disable them. You may accept all cookies, or instruct the device/web browser to provide notice at the time of installation of cookies, or refuse to accept all cookies by adjusting the relevant cookie retention function in your device. However, in the event of your refusal to install cookies, the Service may be unable to operate as designed.
Your browser settings may allow you to transmit a “Do Not Track” signal when you visit various websites. Like many websites, our websites are not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com/.
Our Service is not intended for children and we do not knowingly collect information from children. If you believe that we have unintentionally collected your children’s personal information, you may request the deletion of the information by contacting us at firstname.lastname@example.org. In some cases, we may ask the user to provide us with their date of birth date for age verification. If such information indicates the user is under the age stipulated by the applicable laws and deemed as child under such laws, we will not collect further personal information from the child until a parent/guardian’s verifiable consent is obtained.
If you are in the United States:
With parental consent, we may collect personal information from children under the age of thirteen (13). If we learn that we have collected or received personal information from a child under the age of thirteen (13) without parental consent, we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Parents have the right to review their child’s personal information; to have their child’s personal information deleted; and to refuse further collection, use, and/or disclosure of their child’s personal information by notifying us. As a parent, you understand that NetEase has a legitimate interest in providing your child’s personal information collected via the Service to external providers for the purpose of administering or providing the Service. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use our Service. For additional information, you may contact us at email@example.com.
How We Use Your Personal Information
We will use the information in the following ways and in accordance with the following legal bases:
• Device Information (such as: device ID, device type, operating system, CPU, RAM, IP address, MAC address): We use this information to provide and improve the Service such as: to allow users to download and install the software on their devices; to record and keep track of requests from users of the Service; to detect the user network and device status when the user is using the Service; and to correct bugs or errors that occur when the user is using the Service. Use of Device Information is necessary to perform our contract with you to provide the Service.
• Game Data (such as: level, heroes, scores, chat logs and etc.): We use this information to provide Service to users as it is the basis of our Service. Use of Game Data is necessary to perform our contract with you to provide the Service.
• Payment Data (only the payment history and transaction data within the Service). We use this information to provide Service to users and to record and keep track of requests from users of the Service. Use of Payment Data is necessary to perform our contract with you to provide the Service.
• Location Data (such as: GPS location information, cell-ID, Wi-Fi connection location). With your consent, we use this information to provide Location Services to users and to record and keep track of requests from users of the Service. Use of Location Data is limited to the context of location-based services. You can disable Location Services by turning off the relevant switch in the settings of the Service or your device.
• In addition to the specific uses of information described above, we may use all of the above information to provide, improve and develop the Service, including as we describe in our User Agreement, to comply with any applicable legal obligations, to enforce any applicable terms of service, to protect or defend the Service, our rights, the rights of our users, or others, for the purpose of combatting fraud, or to otherwise operate our business.
How We Store and Share Your Personal Information
In order to perform our contract with you, your personal information will be accessible from and will be processed on our servers. Our servers are hosted on cloud servers such as Amazon Web Services. Your information may be transferred to and processed in countries outside the country you are located. We will take steps necessary to comply with applicable legal requirements, such as using European Commission approved Standard Contractual Clauses to protect your information. In particular, your information will be transferred to and processed in Japan where our central database is based.
We share your personal information with selected third parties in and outside your country, including:
• third-party vendors that provide services in support of the Service, such as Amazon Web Services (“AWS”) for the purpose of hosting the game; Apple, Google, Paymentwall, Coda, PayPal, Razer (Mol), UniPin, Xsolla, Pagsmile, Boku and Checkout for the purpose of providing payment services; Helpshift for the purpose of providing customer support; Facebook and Appsflyer for the purpose of the evaluation of our marketing events. Those third party vendors have limited access to your personal information and are contractually bound not use it for other purposes.
• related group companies, with whom we share your information to operate the Service. The transfers contemplated above are made pursuant to our contract with you; and
• law enforcement agencies, public authorities or other judicial bodies and organizations. We disclose information if we are legally required to do so, or if we have a good faith belief that such use is reasonably necessary to: (i) comply with a legal obligation, process or request; (ii) enforce our terms of service and other agreements, policies, and standards, including investigation of any potential violation thereof; (iii) detect, prevent or otherwise address security, fraud or technical issues; or (iv) protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (including exchanging information with other companies and organizations for the purposes of fraud protection).
The Security of Your Personal Information
We will retain most of your personal information for the lifetime of your use of the Service (i.e. until account deletion in accordance with your request) except that Contact Information obtained from promotional activities will be retained during the lifetime of such activities.
In the event that the processing and retention period have terminated, but personal information is required to be retained continuously for other reasons including for the purposes as prescribed under applicable laws, the relevant personal information will be stored and maintained separately from other types of personal information. If you require us to destroy your personal information before the end of its life cycle, we will destroy your personal information in accordance with local laws.
This section (“Your Rights”) applies to users that are located in the European Economic Area only. For California Residents, please refer to https://www.neteasegames.com/privacy/02.html. For users located in other territories, please refer to the privacy clauses in our User Agreement.
You have certain rights in relation to the personal information we hold about you. Some of these only apply in certain circumstances (as set out in more detail below). We must respond to a request by you to exercise those rights without undue delay and at least within one month (though this may be extended by a further two months in certain circumstances). To exercise any of your rights, please contact us at firstname.lastname@example.org. Please understand further information may be required to verify your identity when exercising your rights.
You have the right to access personal information we hold about you, how we use it, and who we share it with. If you believe we hold any other personal information about you, please contact us and complete the corresponding request form.
You have the right to receive a copy of certain personal information we process about you. This comprises any personal information we process on the basis of your consent or pursuant to our contract with you, as described in the section “How We Use Your Personal Information”. You have the right to receive this information in a structured, commonly used and machine-readable format. You also have the right to request that we transfer that personal information to another party.
If you wish for us to transfer such personal information to a third party, please ensure you detail that party in your request. Note that we can only do so where it is technically feasible. Please note that we may not be able to provide you with personal information if providing it would interfere with another’s rights (e.g., where providing the personal information we hold about you would reveal information about another person or our trade secrets or intellectual property).
You have the right to correct any personal information held about you that is inaccurate. If you believe we hold any other personal information about you and that information is inaccurate, please contact us and complete the request form.
You can delete your account, or remove certain personal information. If there is any other personal information you believe we process that you would like us to erase, please contact us and complete the request form.
You may request that we erase the personal information we hold about you in the following circumstances:
• you believe that it is no longer necessary for us to hold such personal information; or
• you believe the personal information we hold about you is being unlawfully processed by us.
You can also exercise your right to restrict our processing of your personal information (as described below) whilst we consider your request.
We may need to retain personal information if there are valid grounds under data protection laws for us to do so (e.g., for the defence of legal claims or freedom of expression) but we will let you know if that is the case. Where you have requested that we erase personal information that has been made available publicly on the Service and there are grounds for erasure, we will use reasonable steps to try to tell others that are displaying the personal information or providing links to the personal information to erase it too.
Restriction of Processing to Storage Only
You have a right to require us to stop processing the personal information we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the personal information, we may use it again if there are valid grounds under data protection laws for us to do so (e.g., for the defense of legal claims or for another’s protection). As above, where we agree to stop processing the personal information, we will try to tell any third party to whom we have disclosed the relevant personal information so that they can stop processing it too.
You may request we stop processing and just store the personal information we hold about you where:
• you believe the personal information is not accurate for the period it takes for us to verify whether it is accurate;
• you wish to erase the personal information as the processing we are doing is unlawful but you want us to retain the personal information but just store it instead; or
• you wish to erase the personal information as it is no longer necessary for our purposes but you require it to be stored for the establishment, exercise or defense of legal claims.
You have the right to object to our processing of personal information about you. We will consider your request in other circumstances as detailed below by contact us and completing the request form.
We may from time to time send you announcements when we consider it necessary to do so (such as when we temporarily suspend The Service access for maintenance, or security, privacy or administrative-related communications). You may not opt-out of these service-related announcements, which are not promotional in nature.
Contact & Complaints
For the purposes of European Data Protection Law, the Data Controller is NetEase Interactive Entertainment Pte. Ltd.
In the event that you wish to make a complaint about how we process your personal information, please contact us in the first instance.
Name: NetEase Interactive Entertainment Pte. Ltd.
Designated EU representative and contact information:
Maetzler Rechtsanwalts GmbH & Co KG
Attorneys at Law
c/o NetEase Interactive Entertainment Pte. Ltd.
Schellinggasse 3/10, 1010 Vienna, Austria
Please add the following subject to all correspondence:
GDPR-REP ID: 17942453
This is without prejudice to your right to launch a claim with the data protection authority in the country in which you live or work where you think we have infringed data protection laws.
If we make any material changes to this policy, we will post the updated policy here and we may notify our users through their account. Please check this page frequently to see any updates or changes to this policy.
This Agreement may be translated into the local language in the relevant territory. In the event of a conflict between this Agreement in the English language version and the localized version, the English language version shall prevail.
1 About These Terms
1.1 This User Agreement (this "Agreement") is entered into by and between you and NetEase Interactive Entertainment Pte. Ltd., 38 Beach Road, #17 - 12 South Beach Tower, Singapore (hereinafter referred to as "NetEase", "we", "us" or "our") in relation to our online games, mobile games and applications, website and any related services, content or products (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. For purposes of this Agreement, "you" and "your" means you as the user of the Game. If you use the Game on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to this Agreement and (b) you agree to this Agreement on the entity’s behalf.
1.2 We may update this Agreement from time to time by posting the amended terms in our Game or websites. It is your sole responsibility to review this Agreement from time to time to view any such updates. The updated Agreement will be effective as of the time of posting, or such later date as may be specified in the updated Agreement. Your continued use of or access to our Game will be deemed as your acceptance of the updated Agreement.
1.3 BY ACCESSING AND/OR USING THE GAME, YOU CONSENT TO ENTERING INTO THIS AGREEMENT ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM. If you do not understand or agree to this Agreement, please do not use the Game.
Section 13.2 contains an arbitration clause and class action waiver that applies to you if you are a citizen or habitual resident of the United States. If you are a citizen or habitual resident of the United States, by agreeing to this Agreement, you agree (a) to resolve all disputes with us related to the Game through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Game. You may have the right to opt-out of arbitration as explained in Section 13.2.
2.1 Subject to the laws of your residence country/region, 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. In furtherance of our policy of not collecting personal information from persons under the minimum age as provided by the applicable laws of their residence country/region (e.g., such minimum age in the United States is the age of 13) ("Minimum Age"), you are not allowed to give us the personal information of any persons under the Minimum Age for delivery or any other reason.
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 Points (as defined below) that you paid for ("Top-up Balance") when you make purchases in the Game, and then debit from the balance of the Virtual Points 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. You are responsible for your interactions with other users on the Game. While we reserve the right to monitor interactions between users of our Game, we are not obligated to do so, and we cannot be held liable for your interactions with our users, or for any user’s actions or inactions. If you have a dispute with one or more users, you release the NetEase Entities (as defined below) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
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. In order to operate the Game, we must obtain from you certain license rights in your Content so that actions we take in operating the Game are not considered legal violations. By using the Game and uploading your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devises) your Content but solely as required to be able to operate and provide the Game. You agree that these rights and licenses are royalty-free, transferable, sub-licensable, worldwide, and irrevocable (for so long as your Content is stored with us), and include a right for us to make your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Game, solely for the purpose of providing such Game, and to otherwise permit access to or disclose your Content to third parties if we determine such access is necessary to comply with our legal obligations. By posting your Content via our Game, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your Content.
Regarding 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;
3.2.6 You will not provide Content that will contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above; 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;
3.3.8 unless otherwise specified, transfer virtual currencies such as virtual gold coins, crystal and energy points ("Virtual Points"), 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 Points 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.; and
3.3.9 use our Game in any other way not permitted by this Agreement or any posted guidelines or rules.
3.4 Notice of Infringement – DMCA Policy
If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Game have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:
a) identification of the copyrighted work that is claimed to be infringed;
b) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Game;
c) information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
d) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
e) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
f) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to NetEase Interactive Entertainment Pte. Ltd., Attn: Games Legal Department, 38 Beach Road, #17 - 12 South Beach Tower, Singapore; or by e-mail to email@example.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the Game who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
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.
5.1 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 limiting the foregoing, to the maximum extent permitted under applicable law, NetEase, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the "NetEase Entities") DISCLAIM ALL 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 AND BUG/ERROR/DEFECT-FREE. The NetEase Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Game; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Game; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Game will meet your requirements or be available on an uninterrupted, secure or error-free basis.
5.2 Without limiting our liabilities expressly set forth herein and to the extent not prohibited by the applicable laws, you expressly understand and agree that THE NETEASE ENTITIES 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 USE OF OR 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. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE NETEASE ENTITIES’ 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, or we reasonably detect suspicious activity on your account, 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) limiting your access to the Game/your account; (iv) terminating your right to use our Game; (v) taking legal action against you or disclosing relevant information to law enforcement authorities and (vi) any other actions set forth in any posted guidelines and rules.
6.2 You will indemnify and hold the NetEase Entities 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 and your violation of any rights of any third party. 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 Points (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 and the right to download a single copy of any mobile or computer applications or other software provided to you 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 Points 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 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.
7.3 Unless otherwise specified and permitted by the applicable laws, when you purchase, earn or otherwise obtain Virtual Points and/or Virtual Goods, you receive a personal, revocable, non-assignable, non-transferable, non-exclusive, limited license to use such Virtual Points or Virtual Good exclusively within the applicable Game for your personal, non-commercial use. Such license granted to you hereunder for any Virtual Points and Virtual Goods will terminate when we cease providing the applicable Game, your account is closed or this Agreement is otherwise terminated. You agree that Virtual Points and Virtual Goods have no monetary value outside of their intended use within the applicable Game and cannot be sold, sublicensed, traded, transferred, or exchanged for money or other consideration. Virtual Points and Virtual Goods cannot be used as a substitute for currency or medium of exchange. You are not allowed to transfer Virtual Points or Virtual Goods outside of the Game. Notwithstanding the foregoing, we may make available a marketplace operated by us that permits you to buy, sell or trade Virtual Goods to or from other users solely for Virtual Points. We may establish certain conditions or limits in connection with the Virtual Points, including a maximum amount you may spend to purchase Virtual Points per transaction or per day, a maximum balance that may be credited to your account and limit a certain Virtual Points to a single game offered by us. Any balance of Virtual Points shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
8.1 By playing our Game, you may provide the following information to us:
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.
8.4 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.
8.7 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.
The Game may permit you to purchase certain other products or services ("Offerings"). You acknowledge and agree that all information you provide with regards to a purchase of Offerings, including credit card or other payment information (if applicable), is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify or limit the available quantity or any Offerings and (b) refuse to allow any user to purchase any Offerings. When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth in the applicable Game, and all other applicable fees and taxes in connection with your purchase (the "Full Purchase Amount") and (b) authorize us and/or our payment processor to charge your credit card or other payment method for the Full Purchase Amount. Payment can be made by credit card, debit card, or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by any payment processor are solely your responsibility.
9.2 No Refunds
The are no refunds available for any Offerings. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you conduct in via the Game.
9.3 Promotional Codes
We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers ("Promotional Codes") that may be redeemed for discounts on future Offerings, or other features or benefits related to the Game, subject to any additional terms that we establish. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (d) may be disabled or have additional conditions applied to them by us at any time for any reason without liability to us; (e) may only be used pursuant to the specific terms that we establish for such Promotional Codes; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
10 Mobile Applications
10.1 Use of Mobile Applications
You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use mobile applications provided in connection with our Game (the "App"). We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or will be available in any particular geographic location. As part of the Game and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App ("Push Messages"). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Game or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from NetEase. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from NetEase.
10.2 Mobile Software from the Apple App Store
11 Governing law and Venue
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 Kong’s conflict of law rules. Any disputes relating in any way to or arising under or out of your use of the Game or the 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.
You agree that we may transfer or assign all or a part of our rights or obligations under this Agreement to a third party upon prior notice to you, but may not be transferred or assigned by you without our prior written consent.
12.2 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.
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.
12.4 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.
12.5 California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
12.6 Contact Us
If you have any further questions this Agreement, please contact us via the contact information in the Game or on the official website of the Game.
13 Regional Terms
13.1 Regional Terms
You agree to the following modifications to this Agreement if you are a citizen or habitual resident of the applicable country or region as described below.
13.2 United States
If you are a citizen or habitual resident of the United States, this Section 13.2 applies to your use of the Game and overrides any terms of this Agreement that conflict with this Section 13.2 to the extent of such conflict, including Section 11.
(a) Informal Process First
You agree that in the event of any dispute between you and the NetEase Entities, you will first contact NetEase and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
(b) Arbitration Agreement and Class Action Waiver
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of NetEase’s services and/or products, including the Game, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and NetEase agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards (together, the "JAMS Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of this Agreement). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. You have a right to have the arbitration conducted via telephone, or as an in-person hearing in your hometown area (if you live in the United States) or another location that is reasonably convenient to you.
(c) Waiver of Class Actions and Class Arbitrations
You and NetEase agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and NetEase agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.
(d) Costs of Arbitration
Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, NetEase will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in this Agreement by sending written notice of your decision to opt-out to firstname.lastname@example.org. The notice must be sent to NetEase within thirty (30) days of your registering to use the Game or agreeing to this Agreement (or if this Section 13.2 is amended hereafter, within thirty (30) days of such amendment being effective), otherwise you shall be bound to arbitrate disputes in accordance with this Agreement, and the notice must specify your name and mailing address. If you opt-out of these arbitration provisions, NetEase also will not be bound by them.
Notwithstanding anything in this Agreement to the contrary, you may instead assert your Claim in "small claims" court, but only if your Claim qualifies, your Claim remains only in such court, and your Claim remains on an individual, non-representative and non-class basis. Further, you and NetEase will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, or if the Claim relates to intellectual property infringement or misappropriation.
(g) Governing Law; Venue
This Agreement is governed by the laws of the State of New York, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in this Section 13.2, or if arbitration does not apply, then the state and federal courts located in Los Angeles county, California. You and NetEase agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of this Agreement.