PLEASE READ THESE TERMS CAREFULLY AND GIVE YOUR EXPRESS CONSENT
THESE TERMS AND CONDITIONS (“TERMS”) CONTAIN, AMONG OTHERS, PROVISIONS RESTRICTING OR RELEASING CERTAIN LIABILITIES, OR OTHERWISE RELATED TO YOUR MATERIAL RIGHTS AND INTERESTS. PLEASE READ CAREFULLY AND FULLY UNDERSTAND EACH AND EVERY PROVISION HEREOF.
BY CLICKING “AGREE” AND USING THE APPLICABLE PRODUCT, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE PRODUCT(S).
WHO WE ARE AND WHAT THIS AGREEMENT DOES
Any reference to “we”, “us” or “Perfect World” in these terms is a reference to Perfect World Games Co., Ltd (a company with its place of business located at Perfect World Plaza, Tower 306, 86 Beiyuan Road, Chaoyang District, Beijing 100101, China) and its Affiliates.
These Terms govern your access to and use of:
- any games operated by us which incorporate these terms and conditions and any content, materials and information provided in connection with such games (“Products”); and
- any services provided by us in connection with such Products (“Services”).
These Terms are in addition to, and does not in any way replace or supplant, any license agreement or any additional terms and conditions that may apply when you use or purchase certain other products, services, affiliate services, third-party content or third-party software made available by us or on our behalf. In the event the contents of these Terms are contrary to one or more provisions of any other specific agreement or terms or conditions, the provision(s) of the specific license, terms or conditions shall prevail.
Any content or features purchased or made available as part of the Product or Service (for example, in-app purchase of additional Product functionality), whether through use of Virtual Currency or otherwise, shall be subject to the same terms and conditions that apply to the relevant Product or Service.
- YOU MUST BE CERTAIN AGE TO ACCEPT THESE TERMS AND USE THE PRODUCT
- You may be required to create an account (an “Account”) to access a Product and to use certain features and functions of a Product.
- You must be the minimum age (if any) specified for the relevant Product or Service in your jurisdiction (“Minimum Age”) or older to create an Account. If you are of the Minimum Age or over, but are under the legal age to enter into a contract in the jurisdiction you reside in (“Legal Age”), we require that you review these Terms with your parents or (legal) guardian to ensure that they read and agree to them. If you are the parent or (legal) guardian of a user of our Products and Services and you have questions about the Terms, please contact us in the way specified in the Schedule.
- By creating an Account or otherwise using the Product, you represent that you are of Legal Age and agree to these Terms, or that you are over Minimum Age and your parents or legal guardian have read and agreed to these Terms, and you understand and agree that we are relying upon that representation in allowing you to use the Products and Services.
- YOUR ACCOUNT
- We have no obligation to your Account. You acknowledge and agree that your Account and User ID are registered and created via non-Perfect World platforms (e.g., Account on PlayStation™Network, Xbox account, Switch account etc.), and such Account and User ID belong to the applicable third parties rather than us. We have no obligation to retrieve such Account or User ID registered with third parties or otherwise provide services in connection with such Account or User ID. All the matters relating to such third party Account and User ID shall be resolved by you and the applicable third party, provided that you shall inform us in the event that your Account and User ID is stolen or otherwise not used in ordinary course.
- Subject to terms and conditions of applicable third party platform, you shall be solely responsible for your Account and User ID.
- You, as the creator of your Account and User ID, are solely responsible for your User ID. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID according to these Terms.
- Your Account may only be used by you. You shall not share, jointly use, sell, give away, lend, transfer, assign, exchange, inherit or otherwise trade your Account or User ID for free or for profit. To the maximum extent permitted by applicable law, we are not responsible for any misuse of your Account or your User ID, you agree to accept all risks of misuse of and unauthorized access to your Account and to hold us and our affiliates harmless from and against any misuse use of your Account or your User ID, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.
- Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password at all times, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. To the maximum extent permitted by applicable law, you will be deemed as the person who uses the Account, and any acts made by the Account will be deemed as your acts. To the maximum extent permitted by applicable law, you are solely responsible for all activities and transactions that occur under your Account no matter who actually uses the Account, and we are not responsible for any misuse of your Account, including without limitation in the event that your password is stolen or revealed to a third party and/or used for transactions. You agree to immediately notify us of any misuse of your Account or any other breach of security in relation to the Products known to you.
- Your Account data may be restored for some reason. Under the circumstances of malfunction of the system in the Products (e.g., abnormal data due to bugs in the program), we have the right to restore certain data of your Account to a point in time decided by us. If such data restoration decreases your virtual items, we may compensate you with certain virtual items. You expressly acknowledge and agree that we have no other obligations to you in connection with such data restoration.
- Your Account data may be synchronized. Your Account data for a Product may be synchronized on different devices of the same third party platform but will not be synchronized on devices of different third party platforms (e.g., your Account data for a Product may be synchronized on different models of Xbox, but your Account data of a Product of a Xbox device will not be synchronized when you play the same Product by using a Nintendo Switch).
- YOUR OBLIGATIONS
- You may receive messages and announcements. You understand and agree that the Product may include service announcements and administrative messages and, to the maximum extent permitted by applicable law, you may not have the right to opt out of receiving them.
- You are responsible for your own device.
- You are required to provide your own computer, network equipment and network resources for use of the Products and Services, and to pay for all fees incurred as a result of having access to the Internet. You agree that we are not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. We do not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
- If you download or stream the Product onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.
- You may be required to pay for the use of the Products and Services. You acknowledge and agree that certain Products and/or Services are limited to users who pay for the corresponding Products and/or Services.
- You are required to comply with the following restrictions when using the Products and Services. You:
- shall not use the Products or Services for any illegal purposes;
- shall not modify, reverse engineer, decompile, disassemble, copy, or distribute the Products and any elements or software embedded therein, including without limitation, modifying any proprietary communication protocol of the software, and modifying or locking data in dynamic random access memory (RAM);
- shall not take any acts which are out of the ordinary course (including, without limitation, damaging, attacking or overloading the servers) that may affect the provision of the Services;
- shall not use any plug-in or Product modification program (“plug-in” refers to any and all programs that are independent of the Product software and can affect the operation of the Product while the Product is running, including, without limitation, simulating user operations, changing operating environment, modifying data and otherwise. If the definition of plug-in stipulated by applicable law conflicts with the definition hereunder, the definition under applicable laws shall prevail);
- shall not use the Products and/or Services by using or with the assistance of third-party software not approved by us;
- shall not take any action that violates the game rules and fairness of the game;
- in order to avoid disrupting the fairness of the game, you acknowledge and agree that you shall only use the Products and Services in an ordinary manner, and trade virtual items via the platforms approved by us (if such trading is permitted by us). Trading of virtual items and other profit-making actions, unless expressly permitted by us, will be deemed as improper benefits, including, without limitation, where you:
- use the Products and Services for profit;
- sell the virtual items for profit, including by taking advantage of the price difference among different servers;
- make profit by collecting commissions for acting as agent for trading virtual items;
- trade virtual items in any manner not approved by us;
- use the Products for the purpose of obtaining certain virtual items for trading;
- organize or participate in gambling, or conduct or participate in theft of property or virtual items of other person, or engage in other illegal acts by using the Products or Services; and
- any other in-game profit-making behaviors that are not within the ordinary manner of the game play.
- shall not log in the Product by unusual methods (including, without limitation, by third-party software or systems not developed, authorized or approved by us), make payments by using invalid credit cards, stolen credit cards or other illegal methods, use a network accelerator or other plug-in or a robot program to maliciously disrupt service facilities and disturb ordinary service orders;
- shall not create, broadcast or use plug-ins, packages, acceleration software and other programs to cheat, or organize or abet others to use such software programs, or sell such software programs to make profits for individuals or organizations;
- shall not attack or attempt to attack the servers, routers, switches and other devices providing the Services in any manner, to obtain the data illegally or to modify the data without authorization, and any other acts that would damage the use of the Products and Services in the ordinary manner;
- shall not use the technical defects or bugs in the Products to benefit yourself and/or others in any manner (including, without limitation, duplicating virtual items in the Products) or engage in any other misconduct;
- shall not, without written consent from us, use any Intellectual Property Rights of Perfect World to create or provide the same or similar services, such as emulation servers, private servers, etc.;
- shall not use the Products and network service systems in any acts that may adversely impact the operation of the Internet in an ordinary manner, or may interfere with the use of Products and Services provided by us in an ordinary manner;
- shall not use the Products or Services to transmit any harassment, defamatory, insulting, intimidating, vulgar, obscene, fraudulent or any other illegal information;
- shall not use the Services or Products for illegal or improper dialogues or game play, including without limitation, sending or distributing third-party websites and game trading platforms unapproved by us, enticing other players to search for such third-party platforms, trading mechanism unapproved by us, engaging another person to level up for your own Account, etc.;
- shall defer to the customer service and other communication channels designated by us in regards to any consultation or questions of the Products and Services;
- shall not obtain virtual items (including, without limitation, Virtual Currency, virtual props and equipment) in a manner that violates the game rules or in other improper or illegal manner;
- shall not use any robot, spider, crawler or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Products or Services to monitor, extract, copy or collect information or data from or through the Products or Services, or engage in any manual process to do the same;
- shall not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful into the Products or Services or onto the systems of Perfect World or other users of the Products or Services; and
- shall not make profit out of the Products and Services (including making profit in any kind by producing, distributing or otherwise making available User Content which embodies any element of the Products or Services).
- If you are aware of any illegal or non-permitted use of your Accounts or any Account security issues, please notify us immediately.
- Restrictions Applicable to Virtual Items. If you have multiple virtual items, the virtual items which you purchased will be consumed before the virtual items gifted, compensated or otherwise provided to you by us for free. You can only exchange or transfer the right to use the virtual items (including, without limitation, Virtual Currency, virtual props and equipment, etc.) through the channel(s) (if any) designated by us. The trading of virtual items via non-approved channels will not be recognized or protected by us, and any disputes arising in connection therewith should be resolved on your own. Without the consent of us, you shall not use the character, Virtual Currency, virtual equipment and other data in the Products in exchange for legal currency or other tangible or intangible items; otherwise, you will be deemed as to have unconditionally waived all the rights to redeem (if any) the virtual items in any manner (if any) permitted by us. For any of your violations of this Section 3.6, we have the right to immediately freeze, revoke and/or delete all your data relating to your Account without any liability to you or any other third party.
- We may retrieve data for you. We will not provide services to retrieve stolen items upon your request, unless otherwise required under applicable law.
- You shall not circumvent our technical measures.
- We may take technical measures in the Products and Services to prevent unauthorized use of the Products and Services and to prevent any violation of these Terms. You acknowledge and agree that you will not seek to circumvent such technical precautions in any manner.
- You must ensure that your device meets the requirements for the installation and use of the Products and Services. The installation of the Products and running of the software, etc. may disable other software or program running on your device. Your failure to install the Products or any updates in accordance with our installation instructions may result in dysfunction of the Products and Services in whole or in part.
- YOUR CONTENT
- The Product may include discussion forums, chat rooms, user feedback, messaging features, comments and other interactive areas or services (“UGC Areas”) in which you or other users create, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials in connection with your use of the Products and Services (the “User Content”).
- User Content posted to the UGC Areas is publicly available and not confidential. We strongly recommend that you not publish any personal information about yourself or others.
- You are solely responsible for the User Content you post and for your use of the Product including UGC Areas.
- You agree not to post, upload, transmit, distribute, store, create or otherwise publish any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, racist, inconsistent with social, culture or moral standards or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable laws;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- User Content that is harmful to adolescent;
- unsolicited promotions, political campaigning, advertising or solicitations;
- private information of any third party, including without limitation, addresses, phone numbers, email addresses, government identity numbers and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that violates any community guidelines (if any) or that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Product, or which may expose us or our users to any harm or liability of any type.
- To the maximum extent permitted by applicable law, you acknowledge and agree that we take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Product including the UGC Areas is at your own risk. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by users in any public forum, personal home page or other UGC Area. Although we have no obligation to screen, edit or monitor any of the User Content, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored at any time and for any reason without notice.
- You are solely responsible for creating backup copies of and replacing any User Content you post or store at your sole cost and expense. Any use of the Product and Service including the UGC Areas or other portions thereof in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Product and Service or any part thereof.
- You represent and warrant that, subject to Section 7 herein, (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Product; (b) the User Content is accurate and not misleading; and (c) the use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You shall be solely liable for all royalties, fees, damages and any other monies resulting from any infringement of such right or any other harm resulting from any User Content you provide.
- YOU EXPRESSLY GRANT TO US ALL CONSENTS, CLEARANCES AND A NON-EXCLUSIVE, PERPETUAL, WORLDWIDE, COMPLETE, SUB-LICENSABLE, TRANSFERABLE, ASSIGNABLE, FULLY PAID-UP, ROYALTY-FREE AND IRREVOCABLE LICENSE TO RE-POST, PUBLISH, USE, QUOTE, ADAPT, TRANSLATE, ARCHIVE, STORE, REPRODUCE, MODIFY, CREATE DERIVATIVE WORKS FROM, SYNDICATE, LICENSE, PRINT, SUBLICENSE, DISTRIBUTE, TRANSMIT, BROADCAST, OTHERWISE COMMUNICATE, PUBLICLY DISPLAY AND PERFORM, DIGITALLY PERFORM, MAKE, HAVE MADE, USE, SELL, OFFER FOR SALE, IMPORT AND/OR OTHERWISE EXPLOIT THE USER CONTENT, OR ANY PORTION THEREOF, IN ANY MANNER OR FORM AND IN ANY MEDIUM OR FORUM, WHETHER NOW KNOWN OR HEREAFTER DEVISED, WITHOUT NOTICE, ACKNOWLEDGMENT OR COMPENSATION TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE AND AGREE NOT TO ASSERT ANY MORAL OR SIMILAR RIGHTS YOU MAY HAVE IN USER CONTENT.
- We value your feedback on the Products, but PLEASE DO NOT SUBMIT ANY CREATIVE IDEAS, SUGGESTIONS OR MATERIALS TO US (collectively, “Unsolicited Ideas”). These Terms are aimed at avoiding potential misunderstandings or disputes when the Products might seem similar to Unsolicited Ideas that people submit. If you submit Unsolicited Ideas anyway, then you grant us a worldwide, complete, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import and/or otherwise exploit your Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, industrial rights, and all other intellectual proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable. To the maximum extent permitted by applicable law, you waive and agree not to assert any moral or similar rights you may have in Unsolicited Ideas. You also give up any claim that any use by us or our licensees of your Unsolicited Ideas violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set forth therein.
- FEES & REFUNDS
- You may have to pay fees to applicable third parties to access and acquire certain game items or activities, and to purchase in-game points or coins or the equivalent (“Virtual Currency”) for the purchase of in-game items or activities. After the purchase you will have the right to use Virtual Currency and be able to use it in the way as is stipulated. Use of any platform-specific payment processing options is subject to any terms imposed by the relevant platform.
- VIRTUAL CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR LEGAL CURRENCY. VIRTUAL CURRENCY AND THE RIGHT TO USE APPLICABLE VIRTUAL CURRENCY ARE NON-TRANSFERABLE, IN WHOLE OR PART. THE RIGHT TO USE VIRTUAL CURRENCY IS AN INTEGRAL PART OF THE USE OF THE PRODUCTS AND SERVICES.
- You understand and agree that we may, from time to time, modify, amend, or supplement our terms applicable to Virtual Currency, and post those changes in these Terms, in separate terms and conditions or in other terms or agreements posted on the applicable website or as part of a Product or otherwise provided to you by us. Such modifications, amendments, supplements or terms shall be effective immediately upon posting and shall be incorporated by reference into these Terms. If any change is unacceptable to you, you shall not make any purchase and may terminate your Account at any time.
- In addition to these Terms, your purchase of the Virtual Currency will also be subject to the terms and conditions of the applicable platforms and third parties on and through which you make the purchase. Any dispute between you and such third parties shall be resolved by you and such third parties directly, and we have no liability with respect to your purchase not directly from us and any dispute arising therefrom.
- Refunds and compensation.
- For your payment made via a third party platform, the refund of your payment is subject to the terms and conditions of the applicable platform and third party on and through which you make the purchase.
- To the maximum extent permitted by applicable law, we are not liable for “hacking” or loss of your virtual goods from your Account, however, we may, in our sole discretion, reimburse virtual goods or Virtual Currency upon evidence that such loss was not due to your inappropriate use. We may limit the quantity of any item or refuse to provide you with any virtual good. Verification of certain information applicable to a transaction may be required prior to our acceptance of your payment. Price and availability of virtual goods are subject to change with or without notice. We have no liability with respect to virtual goods or Virtual Currency that is gifted to you or provided as an incentive.
- LIMITED RIGHT TO USE THE PRODUCTS AND SERVICES
- How you may use the Product.
- In return for your agreeing to comply with these Terms, you may:
- download a copy of the Product onto your devices, and view, use and display the Product on such devices for your personal purposes only;
- receive and use any supplementary software code or update of the Product incorporating “patches” and corrections of errors as we may provide to you;
- use the Service we provide in connection with the Products.
- Except as expressly permitted in these Terms, the above rights do not include, and you agree not to engage in, any:
- resale, sublicense, lending or commercial use of the Product or material therein;
- distribution, public performance or public display of any Products or material therein except in connection with game play in the ordinary manner,
- modifying, adapting, altering, enhancing, or otherwise making any derivative uses of any Products, content or other materials therein, or any portion thereof ;
- use of any data mining, robots or similar data gathering or extraction methods;
- downloading of any portion of the Products or any information contained therein, except as expressly permitted by us;
- reverse engineer or decompile the Products, or otherwise attempt to derive source code from the Products or other software included in the Products; or
- any use of the Products other than for its intended purpose.
- Rights granted to you hereunder are revocable. Any use of the Products other than as specifically authorized herein, without prior written permission from us is strictly prohibited and will, at our election, terminate your rights granted by us herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to or rights in Intellectual Property Rights, whether by estoppel, implication or otherwise. This license is revocable at any time with or without cause.
- You may not transfer the Product to someone else. We are giving you personally the right to use the Product as set out above. You may not otherwise transfer the Product to someone else, whether for money, for any other forms of consideration or for free. If you sell or gift any device on which the Product is installed, you must first remove the Product from the device.
- Acceptable use restrictions.
- You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the Product in any form, in whole or in part to any person without prior written consent from us;
- not copy the Product, except as part of the ordinary use of the Product;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Product nor permit the Product or the Product or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Product on devices as permitted in these terms; and
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Product nor attempt to do any such things.
- To the extent that they apply to you, you must comply with all applicable technology control or export laws and regulations (if any) that apply to the technology used or supported by the Product.
- You must:
- not use the Product and Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Product or any operating system;
- not infringe our Intellectual Property Rights or those of any third party in relation to your use of the Product, including by the submission of any material (to the extent that such use is not granted by these Terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Product;
- not use the Product in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Product or our systems or attempt to decipher any transmissions to or from the servers running any Product.
- PROPRIETARY RIGHTS
- NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT, BETWEEN YOU AND US, ALL INTELLECTUAL PROPERTY RIGHTS IN THE PRODUCTS AND SERVICES (INCLUDING ANY AND ALL ELEMENT IN CONNECTION WITH THE PRODUCTS AND SERVICES EMBODIED IN THE USER CONTENT) THROUGHOUT THE WORLD BELONG TO US AND THE RIGHTS IN THE PRODUCTS ARE LICENSED (NOT SOLD) TO YOU. YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS IN, OR TO, THE PRODUCTS OTHER THAN THE RIGHT TO USE THEM IN ACCORDANCE WITH THESE TERMS. “Intellectual Property Rights” refer to any and all trademarks, service marks, trade names, trade dress, works of authorship and art, copyrights and copyrightable materials (including without limitation, titles, computer code, designs, objects, buildings and architecture, automobiles, characters, character names, stories, dialog, catch phrases, locations, game play, rules, effects and methods of operation, photos, graphics, and any related documentation), game animations, videos, audio, music, lyrics, script, domain names, ideas, logos, submissions, writings, concepts, themes, places, moral rights, rights of publicity, packaging, personality and privacy rights, utility models, other industrial or intangible property rights of a similar nature, and all other forms of intellectual property rights recognized by applicable laws, treaties, and conventions, and all inventions, software, technology that are patentable in such matter, including patents, utility models, know-how and trade secrets, all grants and registration worldwide in connection with the foregoing and all other rights with respect thereto existing other than pursuant to grant or registration, all applications for any such grant or registration, all rights of priority under international conventions to make such application and the right to control their prosecution, and all amendments, constitutions, divisions and continuations of such applications, and all corrections, reissues, patents of addition, extensions and renewals of any such grant, registration or right.
- To the maximum extent permitted by applicable law, we have the right to delete, alter, move, remove, or transfer any and all content, material or item of the Products (including virtual goods) in whole or in part, at any time and for any reason or no reason, with or without notice to you, and with no liability of any kind to you. To the maximum extent permitted by applicable law, we do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers operated or controlled by or on behalf of us, including any data attributed to your Account.
- YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP, OR OTHER PROPRIETARY INTEREST IN THE VIRTUAL GOODS THAT YOU UNLOCK OR ACCUMULATE, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL GOODS. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING, OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE PRODUCT CONTENT, VIRTUAL GOODS, INCLUDING THE DELETION OF PRODUCT CONTENT, VIRTUAL GOODS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.
- THIRD PARTY CONTENT
- We may provide or make available tools that allow third party or social media content to be shared through the Product including links to web pages, websites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information.
- You expressly acknowledge and agree:
- We do not check, verify, monitor, provide any support to or have any control over any Third Party Content on third party websites.
- We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness.
- We do not represent or warrant the accuracy, reliability or legality of any information contained in the Third Party Content.
- We have the right to remove any Third Party Content from our Products and Services at our sole discretion, unless otherwise required by applicable law.
- We undertake no responsibility to update or review any Third Party Content (including without limitation any payment you may make by using such Third Party Content), unless otherwise required by applicable law.
- You use such Third Party Content contained therein at your own risk. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
- We reserve the right to interrupt the availability of a Product or Service or any part thereof from time to time on a regularly scheduled basis or otherwise with or without prior notice, including without limitation under the following circumstances:
- maintenance and fixation of server, network, software and/or hardware which are necessary to provide the access of the Products and Services to you;
- force majeure;
- in accordance with the order of governmental authorities or other in-charge authorities; and
- in order to comply with applicable laws.
- You agree that we will not be liable for any interruption of the Products or Services or any part thereof, delay or failure to perform resulting from any causes whatsoever, to the maximum extent permitted by applicable law.
- We have the right at any time with or without reason to change and/or eliminate any aspect(s) of the Products (or any part therein) or Services as we see fit in our sole discretion, to the maximum extent permitted by applicable law.
- To the maximum extent permitted by applicable law, we are not obligated to refund all or any portion of any fee (if any) you paid in connection with the Products or Services, by reason of any interruption of the Product by reason of any of the circumstances described above.
- SUSPENSION AND TERMINATION
- We may end your rights to use the Product and/or certain characters under your Account if you do not comply with these Terms.
- For your violations we may at our option issue temporary suspensions and permanent terminations of your access to your Account, or prohibition of the use of any new character under your Accounts. We retain the sole discretion as to when and how to impose penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under our absolute discretion.
- We may end your rights to use the Product and/or your rights to certain characters under your Account at any time by contacting you if you have breached these Terms. If your breach of the Terms can be corrected, we may give you a reasonable opportunity to do so.
- In the event your characters under your Account is suspended or terminated for any reason, or for no reason, no refund will be granted, no online time or other credits (e.g., Virtual Currency in a Product) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to such characters under your Account and/or no further access to the Product or Service by your Account.
- If we end your rights to use the Product or Service:
- You must stop all activities authorized by these terms, including your use of the Product.
- You must delete or remove the Product from all devices in your possession and immediately destroy all copies of the Product which you have and confirm to us that you have done so.
- We may remotely access your devices and remove the Product from them and cease to provide you with access to the Product.
- We may terminate services permanently.
- We may end the Services and access to the Products permanently for all users. You understand that we will not assume any obligations to you with respect to the Products and Services for such permanent termination, to the maximum extent permitted by applicable law.
- You understand and agree that, to the maximum extent permitted by applicable law, any Products and Services and/or any items (including virtual goods therein) which are stated to be “permanent” or its equivalent shall be interpreted as a time period until the date announced by Perfect World when the Products and Services will be terminated permanently, or the date when such virtual items are lost due to technical issues.
- TRIALS & BETA TESTING
- You may be given the opportunity to Beta Test and/or new features (“Beta Products”) of our Products. To the extent such Beta Products are provided by us to you, your participation as a beta tester is subject to the terms and conditions in this Section 11.
- You acknowledge that you are using a preliminary, preview edition of the Product features and the Beta Products and that you are participating in a beta test thereof (the “Beta Test”), and that the Beta Products may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other software applications, and may cause errors, data loss or other problems.
- If we have made clear that a certain Beta Product is provided to you on a confidential basis, you agree that all information about the Beta Products, and the Beta Test, including without limitation any comments, ideas or other feedback you provide to us regarding the Beta Products, or the Beta Test, shall be treated as confidential (the “Confidential Information”). You agree not to use the Confidential Information in any manner, except for your personal use for the sole purpose of testing the Beta Products, and you agree to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person. You further agree to take all steps reasonably necessary to protect the secrecy of the Confidential Information and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons. All Confidential Information shall remain the sole property of us, and we may use such Confidential Information for any purpose without any obligation to you. You will carry out the testing personally and not provide access to Beta Products to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to us, and we are entitled to (in addition to any other remedies available to us) ex parte injunctive relief without bond (or equivalent or similar relief) to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta Products confidential will continue until we publicly distribute, or have otherwise been disclosed to the public through no fault of yours, each of the Products and the content that you are testing.
- As a beta tester, you are invited to play Beta Products for the sole purpose of evaluating the Products and identifying errors. Nothing in these Terms, or through the Product, shall be construed as granting you any rights or privileges of any kind with respect to the Beta Products or content or materials that you find here. The Beta Products are provided for testing on an “as is,” and “as available” basis and we make no warranty to you of any kind, express or implied. You understand and agree that playing Beta Products is at your own risk, that you know that the Beta Products may include known or unknown bugs, and that we have no obligations to you with respect to Beta Products, including without limitation any obligation to provide such Products to you in the future at no charge.
- When playing certain Beta Products, you may accumulate treasure, experience points, equipment, or other value or status indicators within the Beta Test. This data may be reset at any time during the testing process, and it may be reset when the particular Product completes this testing phase. In this case, you acknowledge and agree that all player history and data may be erased and each player may return to novice status.
- CHANGES TO THESE TERMS
- We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We may notify you when changes to these terms occur. TO THE EXTENT THAT IT IS LEGALLY PERMITTED ACCORDING TO THE LAW IN THE JURISDICTION YOU RESIDE IN, YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES OR MODIFICATIONS.
- IF YOU DO NOT ACCEPT THE CHANGES YOU SHOULD NOT CONTINUE TO USE THE PRODUCT. BY CLICKING “AGREE” AND CONTINUING TO USE THE PRODUCT YOU AGREE TO USE OF THE PRODUCT IN ACCORDANCE WITH THE UPDATED TERMS.
- CHANGES TO THE PRODUCT
- From time to time we may automatically update the Product to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may also ask you to update the Product for these reasons.
- If you choose not to install such updates you may not be able to continue using the Product.
- SUPPORT FOR THE PRODUCT AND HOW TO TELL US ABOUT PROBLEMS
- Contacting us (including complaints). If you want to learn more about the Product or have any problems using it or you think the Product is faulty or inaccurately described or wish to contact us for any other reason please contact our customer service team specified in the Schedule.
- How we will communicate with you. If we have to contact you, we will do so using the contact details you have provided to us.
- YOUR PRIVACY
- Please be aware that Internet transmissions are never completely private or secure and that any message or information you send using the Product may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
- MONITORING & CHEATING
- You understand and agree that when you communicate with other players within a Product or utilize any interactive features available in the Product, such as messaging, forums or chat rooms, such communications and postings are transmitted through our servers, and we may, but are not obligated to, monitor all such communications and postings, including those that are designated as “private.” You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
- You understand and agree that when using a Product, this can and may involve software functions designed to detect cheating or unauthorized and malicious programs. In this context, we may access, collect, monitor and/or remotely store screenshots of game play, information relating to hardware capacity, modifications related to our Product software, signatures, profiles or names of known unauthorized or malicious third party programs, files or processes that enable or facilitate cheating, unfair advantage or hacking of the Product. If unauthorized or malicious programs are detected, the Product may also communicate to us the users Account and User ID and information about the unauthorized or malicious program or its use.
- PLATFORM TERMS ALSO APPLY
- The ways in which you can use the Product may also be controlled by the relevant platform provider’s rules and policies. To the extent required by such rules and policies, those terms will prevail instead of these Terms where there are differences between the two. For details of the applicable platforms, please refer to the Schedule.
- WARRANTIES, DAMAGES, LIMITATION OF LIABILITIES
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS, SERVICES AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, TITLE AND NON-INFRINGEMENT AS TO THE PRODUCTS AND SERVICES, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE.
- WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE PRODUCTS AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES, BUGS, ERRORS OR OTHER HARMFUL COMPONENTS OR DEFECTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE PRODUCTS OR SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE PRODUCT AND SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.
- Our responsibility for loss or damage suffered by you.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failing to use reasonable care and skill, but, to the maximum extent permitted by applicable law, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
- Notwithstanding anything to the contrary herein, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- We are not liable for your damage that is avoidable. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. The Product is for private use and you shall not use the Product for profit. If you use the Product for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, unless otherwise dictated by applicable mandatory law.
- Limitations to the Product. The Products are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Product. Although we make reasonable efforts to update the information provided by the Product, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- Check that the Products are suitable for you. The Products have not been developed to meet your individual requirements. Please check that the facilities and functions of the relevant Product meet your requirements.
- We are not responsible for events outside our control. If we have to cancel or delay in providing the Products or Services to you by an event outside our control, then we will use commercially reasonable efforts take steps to minimize the effect of the delay or cancellation, but you expressly acknowledge and agree that we have no obligation to you for such delay or cancellation.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, IN NO EVENT SHALL WE, AND OUR DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES OR ANY OF THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE THEREOF.
- TO THE EXTENT THAT APPLICABLE LAWS DO NOT ALLOW OR MAY LIMIT THE FOREGOING LIMITATIONS OF LIABILITY, THESE LIMITATIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY APPLICABLE LAW. IN SUCH CASE YOU EXPLICITLY AGREE THAT OUR (OR ANY SUCH OTHER RELEASED PARTIES) LIABILITY TO YOU SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Your responsibility for damages suffered by us or others.
- You agree to defend, indemnify and hold harmless us, our independent contractors, service providers and consultants, and their respective directors, employees, agents, partners, affiliates, and subsidiaries, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Products, your conduct, your violations of these Terms, any misuse of the Products or Services, or your violation of the rights of any third party.
- GOVERNING LAWS AND DISPUTE RESOLUTION
- EXCEPT AS MAY BE SET FORTH IN A JURISDICTION-SPECIFIC SCHEDULE BELOW, THESE TERMS ARE GOVERNED BY THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA, AND ANY DISPUTE, CONTROVERSY OR CLAIM ARISING FROM OR IN CONNECTION WITH THE TERMS, INCLUDING ANY QUESTION REGARDING ITS EXISTENCE, VALIDITY OR TERMINATION, SHALL BE EXCLUSIVELY REFERRED TO AND DETERMINED BY A COURT OF THE PEOPLE’S REPUBLIC OF CHINA IN CHAOYANG DISTRICT, BEIJING, CHINA.
- ADDITIONAL TERMS YOU NEED TO COMPLY WITH
- In addition to these Terms, certain Products have additional terms specific to their use. These additional terms (if any) are set out in the Schedule.
- JURISDICTION-SPECIFIC CONDITIONS
IF YOU ARE USING THE PRODUCTS OR SERVICES FROM WITHIN THE UNITED STATES, TAIWAN, SOUTH KOREA OR JAPAN, THE TERMS AS THEY APPLY TO YOUR USE OF THE PRODUCTS OR SERVICES FROM THE JURISDICTION SHALL BE AMENDED AS SET BELOW IN THE SCHEDULE.
- Interpretation. In these Terms (except where the context otherwise requires): (a) words in the singular shall include the plural and in the plural shall include the singular; (b) any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; (c) unless otherwise stated, a reference to “writing” includes email; (d) a “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); (e) the Schedule forms part of the Terms and shall have effect as if set out in full in the body of the Terms and any reference to these Terms includes the Schedule.
- We may transfer these Terms to someone else. You understand and agree that we may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms.
- You need our consent to transfer your rights to someone else. You may not transfer your rights or your obligations under these Terms to another person unless we give our prior consent in writing.
- No rights for third parties. A person other than you and us has no rights to rely on or enforce any term hereunder.
- IF A COURT FINDS PART OF THE TERMS ILLEGAL OR UNENFORCEABLE, THE REST WILL CONTINUE IN FORCE. EACH OF THE PARAGRAPHS OF THESE TERMS OPERATES SEPARATELY. IF ANY COURT OR RELEVANT AUTHORITY DECIDES THAT ANY OF THEM ARE UNLAWFUL, THE REMAINING SECTIONS, PARAGRAPHS OR PROVISIONS WILL REMAIN IN FULL FORCE AND EFFECT. IF ANY PROVISION OF THESE TERMS IS SO FOUND TO BE INVALID OR UNENFORCEABLE BUT WOULD BE VALID OR ENFORCEABLE IF SOME PART OF THE PROVISION WERE DELETED, THE PROVISION IN QUESTION SHALL APPLY WITH SUCH DELETION(S) AS MAY BE NECESSARY TO MAKE IT VALID.
- Even if we delay in enforcing the Terms, we can still enforce it later. To the maximum extent permitted by applicable law, even if we delay in enforcing the Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Headings for reference only. Headings are for reference only and have no legal effect respecting the scope, meaning or intent of any of the articles of the Terms.
- SUPPORT FOR THE PRODUCT AND HOW TO TELL US ABOUT PROBLEMS
Contacting us (including with complaints). If you want to learn more about the Product or have any problems using it or you think the Product is faulty or inaccurately described or wish to contact us for any other reason regarding the Product or Services, please contact our customer service team at:
Operator of Product
West Building, NO. 8, Area C, Tianfu Software Park, High-tech Zone, Chengdu, Sichuan, China
- PLATFORM TERMS ALSO APPLY
The ways in which you can use the Product may also be controlled by the relevant platform provider’s rules and policies. To the extent required by such rules and policies, those terms will apply instead of these terms where there are differences between the two.
Purchase and use of the Product are subject to PlayStation™Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
You acknowledge that:
- Perfect World, not Sony Interactive Entertainment LLC nor any of its affiliates, licenses the Product or Service to you in accordance with these terms;
- Perfect World is not responsible for services related to PlayStation™Network and shall not be liable under for any action arising in contract, tort (including negligence) or otherwise related to the use or operation of such service;
- you shall be solely responsible for ensuring you use any account that you use to access the Product or Service in accordance with the policies applicable to such account;
- Perfect World does not grant you a right to use any intellectual property rights, including trademarks, of Sony Interactive Entertainment LLC or its affiliates. Your use of such intellectual property rights is granted (if applicable) in accordance with PlayStation™Network Terms of Service and User Agreement and any other policies made available by Sony Interactive Entertainment LLC or its affiliates from time to time in relation to use of the platform;
- Perfect World is not liable for any termination or suspension of your account resulting from a breach by you or by a person operating your account of PlayStation™Network Community Code of Conduct or any other terms and policies with which you are required to comply in order to access the Product or Service on the platform;
- to the extent you are able to post or share content on a Product or Service, you may not take any action, or upload, post, stream, or transmit any content, language, images or sounds in any forum, communication, public profile, or otherwise that we in our discretion determine to be offensive, hateful, or vulgar. This includes any content or communication that we deem racially, ethnically, religiously or sexually offensive, libelous, defaming, threatening, bullying or akin to stalking;
- to the extent you have any dispute relating to a Product or Service that relates to your account of PlayStation™Network, including the termination or suspension of the same, you must comply with the dispute procedure outlined in PlayStation™Network Terms of Service and User Agreement; and
- Perfect World may be required to change the Product or Service, or these terms, in order to comply with instructions of Sony Interactive Entertainment LLC. You agree that we are permitted to make such changes immediately and without notice and shall have no liability to you or others with respect to such changes.
- ADDITIONAL TERMS YOU NEED TO COMPLY WITH
- In addition to these Terms, certain Products have additional terms specific to their use. These are set out below.
||Additional Terms to Comply With
Don’t Even Think
- JURISDICTION-SPECIFIC CONDITIONS
If you are using our Products or Services from within the USA, then: (i) the Products and Services are provided and operated by Perfect World Games Co., Ltd and its Affiliates with an operation address at Perfect World Plaza, Building 306, 86# Beiyuan Road, Beijing, Chaoyang District, PRC, and (ii) the following supplemental terms shall apply and shall override any conflicting provisions in the rest of the Terms:
- No Children. Our Products and Services are not intended for children under 13 and we will not knowingly collect personal information from children under the age of 13. You may not use the Products or Services if you are under the age of 13.
- Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, including any arbitration proceeds outlined below, are governed by California (USA) law without regard to any conflict of law principles to the contrary, and the JAMS Rules for any arbitration proceedings as outlined below.
- Arbitration And Class Action Waiver.
- Informal Process First. You agree that in the event of any dispute between you and Perfect World Entities relating in any way to these Terms or your use of the Products or Services, you will first contact Perfect World 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.
- Agreement to Arbitrate and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to these Terms or your use of the Products or Services, will be resolved by arbitration. You and Perfect World 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 (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this Paragraph, and as of the date of these Terms). 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. ANY ARBITRATION UNDER THE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS – CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THE TERMS, YOU AND PERFECT WORLD ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. Notwithstanding the foregoing, you and Perfect World will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
- 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, Perfect World 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.
- Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to email@example.com. The notice must be sent to Perfect World within thirty (30) days of your registering to use the Products or Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Perfect World also will not be bound by them.
- Removal of Infringing Materials – Digital Millennium Copyright Act Policy.
- Anyone who believes that his or her work has been reproduced in the Products or Services in a manner which constitutes copyright infringement may submit a notification to Perfect World’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
- identification of the copyrighted work that is claimed to be infringed;
- identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Products or Services;
- information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address;
- 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;
- 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
- a 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.
- If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
- Our agent for DMCA notice of claims of copyright infringement on the Products or Services (“Copyright Agent”) can be reached as follows:
Please place “Legal Support, DMCA” in the Subject Header (if by email).
- Perfect World will respond expeditiously to claims of copyright infringement using the Products or Services that are reported to Perfect World’s copyright agent in the notification explained above. It is Perfect World’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Products or Services who repeatedly infringe copyrights or intellectual property rights of others.
- If you believe that your User Content that was removed (or to which access was disabled) after we received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to Perfect World’s Copyright Agent: (1) your physical or electronic signature (with your full legal name); (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief, under penalty of perjury, that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
- If a counter-notice is received by Perfect World’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the counter-notice, at Perfect World’s sole discretion.
- Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your jurisdiction if you make a false or bad faith allegation by using this process.
- California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Products or Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at http://www.dca.ca.gov/about_dca/contactus.shtml.
- Exports. You agree that you will not export or re-export, directly or indirectly the Products or Services and/or other information or materials provided by Perfect World hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Products or Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
- U.S. Government Restricted Rights. The Products or Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
- Contact Us. You can reach us at firstname.lastname@example.org or write us at Legal Department, Perfect World Plaza, Building 306, 86# Beiyuan Road, Beijing, Chaoyang District, PRC.