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LAST UPDATED: June 12, 2024
EFFECTIVE DATE: July 11, 2024
TERMS OF USE
1 Introduction
Thank you for using NetEase's products and services. These Terms of Use ("Terms of Use") reflect the way NetEase's business works, and defines our relationship with you as you interact with our products and services.
1.1 About Us.
If you are using and interacting with Services and Software (defined below) published by NetEase Interactive Entertainment Pte. Ltd., then your relationship is with NetEase Interactive Entertainment Pte. Ltd., a Singapore company with registered office at 128 Beach Road, #19-01 Guoco MidTown, Singapore ("NetEase SG'').
If you are using and interacting with Services and Software published by Hong Kong NetEase Interactive Entertainment Limited, then your relationship is with Hong Kong NetEase Interactive Entertainment Limited, a Hong Kong company with office at 8/F, Chuang's Tower, 30-32 Connaught Road Central, Hong Kong ("NetEase HK").
If you are using and interacting with Services and Software published by Exptional Pte. Ltd., then your relationship is with Exptional Pte. Ltd., a Singapore company with office at Level 35, The Gateway West, 150 Beach Road, Singapore ("Exptional").
If you are using and interacting with Services and Software published by Shattershock Limited, then your relationship is with Shattershock Limited, an Ireland company with office at 1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street Upper, Dublin 1, D01 YC43 ("Shattershock").
NetEase SG, NetEase HK, Exptional, Shattershock, and their affiliates ("Affiliates") are collectively referred to as "NetEase", "we", "us", or "our".
1.2 Arbitration. Section 12.3 contains an arbitration clause and class action waiver that applies to you if you are a resident of the United States. If you are a citizen or habitual resident of the United States, then by agreeing to these Terms of Use, you agree (a) to resolve all disputes with us related to the Services 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 Services. You may have the right to opt-out of arbitration as explained in Section 12.3.
1.3 Our Services and Software. These Terms of Use apply to the interactive services provided to you through our gaming and software applications, websites operated by us, and any related services (together referred to as our "Services") and your installation and use of any software that we include as part of the Services, including, without limitation, mobile, desktop, and console applications, files, scripts, instruction sets, and related documentation (collectively, the "Software"). Unless expressly stated, references to the Services in these Terms of Use include the Software. In addition, when using our Services, you may be subject to any community guidelines or rules applicable to such Services which may be posted from time to time.
1.4 Age Requirement. Access to certain Services or features of our Services may be subject to age restrictions and may not be available to all users of the Services. If you are a "Minor" who is under the age of 18 (or the applicable age of majority in their country/region), you must have your parent or guardian's permission to use certain restricted features within the Services and/or the Software. If you are the parent or guardian of a Minor, and you allow your Minor to use one or more restricted features within the Services or the Software, then these Terms of Use apply to you and you are responsible for your Minor's activities on the Services and Software.
1.5 Privacy Policy. Your access and use of the Services is subject to our Privacy Policy, incorporated herein by reference. We may store, process, and transmit your data on servers outside of the region where you are located.
1.6 BY USING THE SERVICES, YOU CONSENT TO ENTERING INTO THESE TERMS OF USE ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS OF USE IN ELECTRONIC FORM. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.
2 Accounts
2.1 You will make necessary efforts to protect your account information and keep it confidential. You may not share, sell or transfer your account as well as any of your rights or obligations under these Terms of Use to anyone else or share your account information with others without our prior consent. You shall not collect or harvest any personal data of any user of the Services or the Software, including account names.
2.2 To the extent that the use of the Services involve Virtual Points (as defined below) and unless otherwise specified in the Services, the system will first debit from the balance of the Virtual Points that you have paid for ("Top-up Balance") when you make purchases in the Services, 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.
2.3 If you create a NetEase Games Account ("Games Account"), which allows you to access our (and our Affiliates') website and applications and our partners' websites and applications, then we may collect and process data associated with the Games Account as it's used on these websites and applications. If you access or log into the Services using your gaming or social media account (e.g., Apple, Discord, Facebook, Google, LINE, or Twitter, collectively "Third-Party Account"), then you should review and comply with the terms of use of the applicable Third-Party Account provider, as their terms of use apply in relation to your use of the Third-Party Account. Your personal information may be collected and processed by a third-party provider when you use and access the third-party website or application. Any access or use of third-party websites and applications or the Third-Party Account is at your discretion. We have no control over these platforms and are not responsible for the third-party provider's performance or failure to perform in any respect.
3 Services
3.1 License. Subject to your compliance with these Terms of Use and applicable law, we hereby grant you a personal, revocable, non-assignable, non-sublicensable, non-transferable, non-exclusive, and limited license to install, access, and use the Services and Software that we make available to you. The license is granted for the sole and exclusive purpose of enabling you to use the Services and Software for your internal and personal purposes. The right of use shall mean the right to represent and implement the Services in accordance with its intended purpose, in SaaS mode via a connection to an electronic communications network and/or the right to download a single copy of any mobile or computer applications or other software provided to you in connection with our Services.
3.2 Restrictions.
(a) You must ensure that any permitted copy of the Software that you access or download contains the same copyright and other proprietary notices that appear on or in the Software.
(b) Unless permitted in these Terms of Use, you must not: (1) host or stream the Services or Software; (2) allow third parties not acting on your behalf to access the Services or Software; (3) circumvent technological measures intended to control access to the Software; (4) develop, distribute, or use with the Software, products that circumvent the technological measures; (5) adapt, modify, translate, arrange, distribute, create derivative works, reverse engineer, disassemble, or decompile the Services or Software; or (6) duplicate, copy, rent, lease, sell, sublicense, assign, or transfer any portion of the Services or Software or your rights in the Services or Software.
(c) As part of the Services 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 Services or Software.
4 User Conduct and Content
4.1 Comply with Applicable Law. You must follow the law, regulation, decrees, orders, injunctions or other mandatory governmental limitations applicable to where you are located when using our Services. If any applicable law restricts or forbids you from using our Services, then you must follow such restrictions or stop using our Services.
4.2 Your Interaction with Other Users. You are responsible for your interactions with other users in the Services. We may monitor interactions between users of our Services, but we are not obligated to do so. We cannot be held liable for your interactions with our users, or for any user's actions or inactions. 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 any dispute you may have with another user. In entering into this release, you expressly and, to the extent possible under applicable law, 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.
4.3 Content. Users may send, upload, communicate, transmit, generate, or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, nicknames/usernames, or other materials ("Content") via our Services. You are responsible for any and all Content that you may provide via our Services, either published in public or sent in private. In order to operate the Services, we must obtain from you certain license rights in your Content so that actions we take in operating the Services are not considered legal violations. By using the Services 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 devices) your Content but solely as required to be able to operate and provide the Services. 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 Services, solely for the purpose of providing such Services, 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 Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and authority necessary to grant the rights granted herein for your Content.
4.4 Content Restrictions. Regarding such Content, you agree to comply with applicable law and to the following:
(a) 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, promotes hate, politically-motivated, pornographic, sexually explicit or otherwise in violation of applicable law;
(b) You will not share or generate any Content that sexualizes minors or that is intended to facilitate inappropriate interactions with minors, other users, or the public (e.g., threats of serious bodily injury, threats to public safety, etc.);
(c) You will not provide any Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
(d) 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 confidentiality;
(e) You will not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
(f) You will not provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
(g) 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 Services, or which may expose NetEase or its users to any harm or liability of any kind.
4.5 User Conduct. By using our Services, you agree that you will not:
(a) use cheats, automation software (bots), hacks, mods, or any other unauthorized third-party software purporting to modify, tamper with, scrape information from, copy, or reverse engineer any part of the Services and Software or connect to the Services, such as to simulating game user operations, changing the operating environment, modifying data to disrupt other users' game experience through 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.);
(b) use our Services for commercial purposes (unless otherwise specified in the Services) or for any purpose that a reasonable person is unlikely to believe is within the spirit of fair play, including but not limited to, attacking or killing teammates without cause, intentionally lowering scores, deliberately quitting matches, etc.;
(c) collect any information, other than reasonably necessary for using our Services, of other users;
(d) unless expressly permitted, transfer Virtual Points or Virtual Goods (defined below) in any way once you purchase it, including but not limited to attempting to trade the Virtual Points or Virtual Goods within our Services 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 Services (collectively, "Real Money Trading", or "RMT"), including, but not limited to spamming, spreading RMT advertisements within or outside our Services, and conducting RMT via any in-game functions;
(e) attempt to gain undue advantage or benefits, such as unauthorized use of another person's credit card to purchase Virtual Points or Virtual Goods, repeatedly canceling purchase orders after earning free Virtual Points or Virtual Goods or after consuming Virtual Points or Virtual Goods, etc.
(f) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including not disclosing an applicable sponsorship or endorsement relationship when you leave a review;
(g) attempt to disable, impair, or destroy the Services and Software; and
(h) use our Services in any other way not permitted by these Terms of Use or any applicable community guidelines or rules or in violation of applicable law.
5 Virtual Points and Virtual Goods
5.1 "Virtual Points" means the virtual currencies such as virtual gold coins, crystal and energy points available in the Services or Software. "Virtual Goods" means the items or features for use within our Services or Software, which may include without limitation, in-game consumables, card packs, chests and other items that are depleted during gameplay.
5.2 When you purchase, earn, or obtain Virtual Points or Virtual Goods, you receive a personal, revocable, non-assignable, non-sublicensable, non-transferrable, non-exclusive, limited license to use the Virtual Points or Virtual Goods solely within the applicable Services or Software for your personal and non-commercial use. The license terminates when we cease to provide the Services, when your account is closed, or when your purchase order is canceled. Virtual Points and Virtual Goods have no real-world monetary value and cannot be sold, sublicensed, traded, transferred, or exchanged for money or other consideration, except we may operate a marketplace that permits you to buy, sell or trade Virtual Goods to or from other users.
5.3 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. In the event that the balance of Virtual Points in your account is negative, we may restrict your access to our Services or certain features of our Services until such balance becomes greater than or equal to $0.
6 Access
6.1 Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees (including, for example, mobile carrier fees, ISP charges, data plan charges, credit card fees, VAT, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
6.2 Updates. Because we are constantly improving the Services and Software, we may update our Services from time to time, which may block your access to the Services for a period of time and result in the modification or unavailability of the content of the Services, including Virtual Goods (e.g., we might modify certain features of Virtual Goods for regulatory or legal reasons or to improve game experience). We are not liable for any losses incurred by such updates. If the situation permits, we will make reasonable efforts to inform you of such updates in advance.
6.3 Beta Version. If the Services or Software is in a "test period" or a "beta version", your access to our Services may be subject to specific rules, such as limited time period or limited number of users, or privilege for some users but not others. We may modify or delete the gameplay data of users, and irregular shut down of the servers of the Services. You may also be required to provide feedback so we can better improve the Services or Software. Please review these rules carefully. We make no promises that such Services or Software will ever be commercially available or be similar to the beta version you accessed during the test period.
7 Disclaimer and Limitation of Liability
7.1 Disclaimer.
(a) The Services and Software are provided "AS-IS". To the maximum extent permitted by law, NetEase, its parents, subsidiaries, Affiliates, officers, directors, employees, agents, representatives, partners and licensors (collectively the "NetEase Entities") disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. The NetEase Entities make no commitments about the availability, quality or consistency of the Services and Software.
(b) The NetEase Entities further disclaim any warranty that (1) the Services and Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (2) the Services, Software, and the information related to the Services and Software will be complete, accurate, or reliable; (3) the quality of the Services and Software will meet your expectations; (4) any errors or defects in the Services and Software will be corrected; (5) the Services or Software can be accessed and used on any particular device or with any particular service plan; or (6) the Services or Software is or will be available in any particular geographic location.
(c) We are not responsible or liable for (1) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or Software; or (2) the operation, compatibility, or interoperability with any other application or any particular system or device.
7.2 Limitation of Liability.
(a) The NetEase Entities are not 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), arising out of, or related to: (1) the use of or the inability to use our Services and Software, (2) the cost of procurement of substitute goods and services, (3) goods, services, data, or information purchased or received through the Services or Software, or (4) unauthorized access or alteration of your data.
(b) The NetEase Entities' aggregate liability, whether arising out of, or related to contract, tort, strict liability, or otherwise, will not exceed the lesser of (1) total amount you paid for access to the Services and Software during the six-month period preceding the event giving rise to the liability or (2) One Hundred U.S. Dollars.
(c) These limitations and exclusions in this section apply to the maximum extent permitted by law.
(d) To the extent permitted by the applicable law, your sole and exclusive remedy in connection with our breach, termination or cancellation of these Terms of Use or any term hereof, shall be an action for monetary damages. In no event shall you be entitled to enjoin, restrain or otherwise impair in any manner NetEases' or any NetEase Entities' distribution, exhibition, exploitation, advertising, publicity or promotion or any other means of exploitation of the Services and the Software or any subsidiary or ancillary rights in connection therewith. This section sets forth the entire liability of the NetEase Entities as well as your exclusive remedy with respect to access and use of the Services and Software.
8 Breach and Indemnification
8.1 In case we reasonably find that you have breached these Terms of Use or any applicable community 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 gameplay data to the status before your breach; (iii) restricting your access to the the whole or the part of the Services, Software, or your account; (iv) terminating your right to use our Services or Software; (v) taking legal action against you or disclosing relevant information to law enforcement authorities; and (vi) any other actions set forth in any applicable community guidelines and rules.
8.2 You understand that you are personally responsible for your behavior while accessing/using our Services and agree to the maximum extent permitted by law, to defend (at our request), indemnify, and hold harmless NetEase Entities from and against all claims, losses, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and costs), relating to or arising under or out of the relationship between you and us described in these Terms of Use, including but not limited to any breach of these Terms of Use 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.
9 Intellectual Property
9.1 NetEase and the logos and names associated with the Services and Software are our trademarks and service marks. Other marks, names and logos used in the Services, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the trademarks, service marks or logos.
9.2 We retain all right, title, and ownership in the Services, Software, and all associated data and content (including without limitation any Virtual Goods and Virtual Points (collectively "Work"). The Work is protected by international intellectual property law.
9.3 Notice of Infringement – DMCA Policy.
(a) If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded or appearing on the Services 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:
(1) identification of the copyrighted work that is claimed to be infringed;
(2) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
(3) information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
(4) 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;
(5) 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
(6) 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.
(b) Notices of copyright infringement claims should be sent by mail or by email to the following addresses corresponding to the publisher of the Services or Software:
(1) NetEase Interactive Entertainment Pte. Ltd.
Address: 128 Beach Road, #19-01 Guoco MidTown, Singapore
Email: copyright.glo@list.nie.netease.com
(2) Hong Kong NetEase Interactive Entertainment Limited
Address: 8/F, Chuang's Tower, 30-32 Connaught Road Central, Hong Kong
Email: copyright.glo@list.nie.netease.com
(3) Exptional Pte. Ltd.
Address: Level 35, The Gateway West, 150 Beach Road, Singapore
Email: copyright.glo@list.nie.netease.com
(4) Shattershock Limited
Address: 1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street Upper, Dublin 1, D01 YC43
Email: copyright.glo@list.nie.netease.com
(c) A user of the Services 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 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.
(d) 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.
10 Payment
10.1 Payment. The Services 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. When you purchase Offerings, you (a) agree to pay the non-refundable and non-cancellable price for such Offerings as set forth in the applicable Services, and all other applicable fees and taxes in connection with your purchase ("Full Purchase Amount") and (b) authorize us or our payment processor to charge your credit card or other payment method for the Full Purchase Amount. 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.
10.2 Subscriptions and Membership. This section applies only if the use of the Services or the Software are subject to your subscription to and membership of the same. Your membership may start with a free trial. The free trial period of your membership lasts for three (3) days, or as otherwise specified during your account sign-up. Free trials may not be combined with any other offers. To use the Services you must have Internet access and an Internet eligible device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party such as the Apple App Store. We will begin billing your Payment Method for membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including membership price and end date of your free trial period, go to your phone/account settings - "Subscriptions", then tap "Cancel Subscription". The subscription or membership cancellation method may vary depending on the platform, version, and device you are using to access our Services. If you have any questions regarding the status of your subscriptions or membership, you may contact the in-game customer services at any time. Your Payment Method will be authorized for up to approximately 12 months of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, if you cancel prior to the end of your free trial, there will be no charges to your Payment Method. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. Your subscriptions and membership will continue and may automatically renew until terminated. You may cancel your subscriptions and membership at any time; however, unless permitted by the applicable law, THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. You must cancel your subscriptions and membership before it renews in order to avoid billing of the subscriptions or membership fees for the next billing cycle to your Payment Method.
10.3 Refund Policy.
(a) UNLESS OTHERWISE PROVIDED IN THESE TERMS OF USE OR REQUIRED BY APPLICABLE LAW, ALL PURCHASES WITHIN OUR SERVICES ARE FINAL, NON-REFUNDABLE, AND NON-CANCELLABLE.
(b) The following provisions apply if you reside in the European Economic Area ("EEA"), Switzerland, or the United Kingdom:
(1) provided that (i) you have not started downloading or streaming a digital content (e.g., game add-ons), (ii) you have consented to waive the right to cancel the purchase, and (iii) your account balance for any Virtual Points is greater than or equal to $0, you can cancel the digital content purchased within 14 days from the date of purchase and receive a refund;
(2) Virtual Points and Virtual Goods will be delivered upon your purchase, subject to your consent, and are therefore final and non-refundable; and
(3) you can cancel your purchase of a subscription service and request a refund within 14 days from the initial transaction date, even after you start using the subscription. The refund may be reduced pro-rata to reflect the use you have had of the subscription.
10.4 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 Services, 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; (g) may expire prior to your use; and (h) may be withdrawn, revoked or amended in our sole discretion.
11 Mobile Applications
The following terms and conditions apply to you only if you are downloading Software from the Apple App Store (hereinafter, the "App"). To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and NetEase, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store's applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and NetEase acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and NetEase acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, NetEase, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third-party terms of agreement when using the App. You and NetEase acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use as they relate to your use of the App, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
12 Dispute Resolution
12.1 Governing Law.
(a) If you reside in the EEA, Switzerland, or the UK, then the laws of England and Wales will apply to these Terms of Use and any disputes arising out of or related to these Terms of Use, but nothing in these terms limits your statutory right to initiate a proceedings according to mandatory laws of your country of residence.
(b) If you reside in North America, then the laws of California will apply to these Terms of Use and any dispute arising out of or related to these Terms of Use.
(c) If you reside outside of the EEA, Switzerland, the UK, or North America, then the laws of Singapore will apply to these Terms of Use and any dispute arising out of or related to these Terms of Use.
12.2 Informal Process First. You agree that in the event of any dispute, controversy, or claim (collectively, "Claim") between you and the NetEase Entities, you will first contact NetEase at gameslegal@global.netease.com 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.
12.3 Arbitration.
(a) PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THEY REQUIRE YOU TO SETTLE DISPUTES WITH US THROUGH INDIVIDUAL ARBITRATION BEFORE A SOLE ARBITRATOR, AND NOT AS A MEMBER OF A CLASS ACTION. ARBITRATION PREVENTS YOU FROM SUING US IN COURT OR FROM HAVING A JURY TRIAL, THOUGH YOU MAY BRING A DISPUTE AGAINST US IN SMALL CLAIMS COURT IF YOU QUALIFY. YOU FURTHER WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS IN CONNECTION WITH YOUR USE OF THE SERVICES.
(b) If we aren't able to reach an information resolution within 60 days of your email, any remaining Claims relating in any way to your use of NetEase's services or products, including the Services, 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, on an individual basis according to the following terms (collectively, the "Arbitration Terms"):
(1) Arbitration will be conducted confidentially by a single arbitrator. The proceeding will be in English. The arbitrator will apply applicable statutes of limitation and all applicable law and will honor claims of privilege recognized by applicable law.
(2) If you reside in North America, then the Claims will be solely and finally settled by arbitration administered by Federal Arbitration, Inc. under its Rules for Arbitration then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Use). Arbitration will occur in Los Angeles, California, unless we both agree to conduct it elsewhere. You agree that the federal and state courts in Los Angeles, California are the proper forum for any appeals of an arbitration award or for court proceedings in the event that the binding arbitration clause of these Terms of Use is found to be unenforceable.
(3) If you reside in the EEA, Switzerland, or the UK, then the Claims will be solely and finally settled by arbitration administered by London Court of International Arbitration ("LCIA") under the Rules of LCIA then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Use). Arbitration will occur in London, England, unless we both agree to conduct it elsewhere. You agree that the courts in London, England are the proper forum for any appeals of an arbitration award or for court proceedings in the event that the binding arbitration clause of these Terms of Use is found to be unenforceable.
(4) If you reside outside North America, the EEA, Switzerland, or the UK, then the Claims will be solely and finally settled by arbitration administered by Singapore International Arbitration Centre ("SIAC") under the Arbitration Rules of the SIAC then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Use). Arbitration will occur in Singapore, unless we both agree to conduct it elsewhere. You agree that the courts in Singapore are the proper forum for any appeals of an arbitration award or for court proceedings in the event that the binding arbitration clause of these Terms of Use is found to be unenforceable.
(5) Judgment on the arbitration award may be entered in any court that has jurisdiction.
(6) Costs of Arbitration. Payment for any and all reasonable filing, administrative and arbitrator fees will be in accordance with the applicable arbitration 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 applicable arbitration 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.
(7) 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.
(8) Opt-Out. You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in these Terms of Use by sending written notice of your decision to opt-out to gameslegal@global.netease.com. The notice must be sent to NetEase within 30 days of your registering to use the Services or agreeing to these Terms of Use (or if this Section 12.3 is amended hereafter, within 30 days of such amendment being effective), otherwise you shall be bound to arbitrate disputes in accordance with these Terms of Use, 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.
12.4 Exceptions. Notwithstanding anything in these Terms of Use 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. Nothing in these terms limit your statutory right to initiate a court proceedings according to mandatory laws of your country of residence.
13 Miscellaneous
13.1 English Version. The English version of these Terms of Use will be the version used when interpreting or construing these Terms of Use.
13.2 Non-Assignment. You may not assign or otherwise transfer these Terms of Use or your rights and obligations under these Terms of Use, in whole or in part, without our written consent, and any such attempt will be void. We may assign or transfer our rights under these Terms of Use to a third party without your consent.
13.3 Entire Agreement. These Terms of Use set forth the entire agreement between you and us, and supersede and replace any and every other prior or contemporaneous agreement or understanding that may have existed between you and us.
13.4 Severability. If any provision of these Terms of Use is held invalid or unenforceable for any reason, the remainder of these Terms of Use will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.
13.5 No Waiver. Our failure to enforce or exercise any provision of these Terms of Use is not a waiver of that provision.
13.6 Contact Us. If you have any further questions about these Terms of Use, please contact us via the in-game customer services or on the official websites of our Services.
14 Regional Terms
14.1 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, then 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.
14.2 EEA Residents. Please remember that the European Commission provides a platform, facilitating the out-of-court settlement of online disputes between consumers and professionals that is available here: https://ec.europa.eu/consumers/odr/.
EFFECTIVE DATE: July 11, 2024
TERMS OF USE
1 Introduction
Thank you for using NetEase's products and services. These Terms of Use ("Terms of Use") reflect the way NetEase's business works, and defines our relationship with you as you interact with our products and services.
1.1 About Us.
If you are using and interacting with Services and Software (defined below) published by NetEase Interactive Entertainment Pte. Ltd., then your relationship is with NetEase Interactive Entertainment Pte. Ltd., a Singapore company with registered office at 128 Beach Road, #19-01 Guoco MidTown, Singapore ("NetEase SG'').
If you are using and interacting with Services and Software published by Hong Kong NetEase Interactive Entertainment Limited, then your relationship is with Hong Kong NetEase Interactive Entertainment Limited, a Hong Kong company with office at 8/F, Chuang's Tower, 30-32 Connaught Road Central, Hong Kong ("NetEase HK").
If you are using and interacting with Services and Software published by Exptional Pte. Ltd., then your relationship is with Exptional Pte. Ltd., a Singapore company with office at Level 35, The Gateway West, 150 Beach Road, Singapore ("Exptional").
If you are using and interacting with Services and Software published by Shattershock Limited, then your relationship is with Shattershock Limited, an Ireland company with office at 1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street Upper, Dublin 1, D01 YC43 ("Shattershock").
NetEase SG, NetEase HK, Exptional, Shattershock, and their affiliates ("Affiliates") are collectively referred to as "NetEase", "we", "us", or "our".
1.2 Arbitration. Section 12.3 contains an arbitration clause and class action waiver that applies to you if you are a resident of the United States. If you are a citizen or habitual resident of the United States, then by agreeing to these Terms of Use, you agree (a) to resolve all disputes with us related to the Services 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 Services. You may have the right to opt-out of arbitration as explained in Section 12.3.
1.3 Our Services and Software. These Terms of Use apply to the interactive services provided to you through our gaming and software applications, websites operated by us, and any related services (together referred to as our "Services") and your installation and use of any software that we include as part of the Services, including, without limitation, mobile, desktop, and console applications, files, scripts, instruction sets, and related documentation (collectively, the "Software"). Unless expressly stated, references to the Services in these Terms of Use include the Software. In addition, when using our Services, you may be subject to any community guidelines or rules applicable to such Services which may be posted from time to time.
1.4 Age Requirement. Access to certain Services or features of our Services may be subject to age restrictions and may not be available to all users of the Services. If you are a "Minor" who is under the age of 18 (or the applicable age of majority in their country/region), you must have your parent or guardian's permission to use certain restricted features within the Services and/or the Software. If you are the parent or guardian of a Minor, and you allow your Minor to use one or more restricted features within the Services or the Software, then these Terms of Use apply to you and you are responsible for your Minor's activities on the Services and Software.
1.5 Privacy Policy. Your access and use of the Services is subject to our Privacy Policy, incorporated herein by reference. We may store, process, and transmit your data on servers outside of the region where you are located.
1.6 BY USING THE SERVICES, YOU CONSENT TO ENTERING INTO THESE TERMS OF USE ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS OF USE IN ELECTRONIC FORM. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.
2 Accounts
2.1 You will make necessary efforts to protect your account information and keep it confidential. You may not share, sell or transfer your account as well as any of your rights or obligations under these Terms of Use to anyone else or share your account information with others without our prior consent. You shall not collect or harvest any personal data of any user of the Services or the Software, including account names.
2.2 To the extent that the use of the Services involve Virtual Points (as defined below) and unless otherwise specified in the Services, the system will first debit from the balance of the Virtual Points that you have paid for ("Top-up Balance") when you make purchases in the Services, 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.
2.3 If you create a NetEase Games Account ("Games Account"), which allows you to access our (and our Affiliates') website and applications and our partners' websites and applications, then we may collect and process data associated with the Games Account as it's used on these websites and applications. If you access or log into the Services using your gaming or social media account (e.g., Apple, Discord, Facebook, Google, LINE, or Twitter, collectively "Third-Party Account"), then you should review and comply with the terms of use of the applicable Third-Party Account provider, as their terms of use apply in relation to your use of the Third-Party Account. Your personal information may be collected and processed by a third-party provider when you use and access the third-party website or application. Any access or use of third-party websites and applications or the Third-Party Account is at your discretion. We have no control over these platforms and are not responsible for the third-party provider's performance or failure to perform in any respect.
3 Services
3.1 License. Subject to your compliance with these Terms of Use and applicable law, we hereby grant you a personal, revocable, non-assignable, non-sublicensable, non-transferable, non-exclusive, and limited license to install, access, and use the Services and Software that we make available to you. The license is granted for the sole and exclusive purpose of enabling you to use the Services and Software for your internal and personal purposes. The right of use shall mean the right to represent and implement the Services in accordance with its intended purpose, in SaaS mode via a connection to an electronic communications network and/or the right to download a single copy of any mobile or computer applications or other software provided to you in connection with our Services.
3.2 Restrictions.
(a) You must ensure that any permitted copy of the Software that you access or download contains the same copyright and other proprietary notices that appear on or in the Software.
(b) Unless permitted in these Terms of Use, you must not: (1) host or stream the Services or Software; (2) allow third parties not acting on your behalf to access the Services or Software; (3) circumvent technological measures intended to control access to the Software; (4) develop, distribute, or use with the Software, products that circumvent the technological measures; (5) adapt, modify, translate, arrange, distribute, create derivative works, reverse engineer, disassemble, or decompile the Services or Software; or (6) duplicate, copy, rent, lease, sell, sublicense, assign, or transfer any portion of the Services or Software or your rights in the Services or Software.
(c) As part of the Services 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 Services or Software.
4 User Conduct and Content
4.1 Comply with Applicable Law. You must follow the law, regulation, decrees, orders, injunctions or other mandatory governmental limitations applicable to where you are located when using our Services. If any applicable law restricts or forbids you from using our Services, then you must follow such restrictions or stop using our Services.
4.2 Your Interaction with Other Users. You are responsible for your interactions with other users in the Services. We may monitor interactions between users of our Services, but we are not obligated to do so. We cannot be held liable for your interactions with our users, or for any user's actions or inactions. 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 any dispute you may have with another user. In entering into this release, you expressly and, to the extent possible under applicable law, 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.
4.3 Content. Users may send, upload, communicate, transmit, generate, or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, nicknames/usernames, or other materials ("Content") via our Services. You are responsible for any and all Content that you may provide via our Services, either published in public or sent in private. In order to operate the Services, we must obtain from you certain license rights in your Content so that actions we take in operating the Services are not considered legal violations. By using the Services 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 devices) your Content but solely as required to be able to operate and provide the Services. 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 Services, solely for the purpose of providing such Services, 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 Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and authority necessary to grant the rights granted herein for your Content.
4.4 Content Restrictions. Regarding such Content, you agree to comply with applicable law and to the following:
(a) 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, promotes hate, politically-motivated, pornographic, sexually explicit or otherwise in violation of applicable law;
(b) You will not share or generate any Content that sexualizes minors or that is intended to facilitate inappropriate interactions with minors, other users, or the public (e.g., threats of serious bodily injury, threats to public safety, etc.);
(c) You will not provide any Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
(d) 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 confidentiality;
(e) You will not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
(f) You will not provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
(g) 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 Services, or which may expose NetEase or its users to any harm or liability of any kind.
4.5 User Conduct. By using our Services, you agree that you will not:
(a) use cheats, automation software (bots), hacks, mods, or any other unauthorized third-party software purporting to modify, tamper with, scrape information from, copy, or reverse engineer any part of the Services and Software or connect to the Services, such as to simulating game user operations, changing the operating environment, modifying data to disrupt other users' game experience through 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.);
(b) use our Services for commercial purposes (unless otherwise specified in the Services) or for any purpose that a reasonable person is unlikely to believe is within the spirit of fair play, including but not limited to, attacking or killing teammates without cause, intentionally lowering scores, deliberately quitting matches, etc.;
(c) collect any information, other than reasonably necessary for using our Services, of other users;
(d) unless expressly permitted, transfer Virtual Points or Virtual Goods (defined below) in any way once you purchase it, including but not limited to attempting to trade the Virtual Points or Virtual Goods within our Services 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 Services (collectively, "Real Money Trading", or "RMT"), including, but not limited to spamming, spreading RMT advertisements within or outside our Services, and conducting RMT via any in-game functions;
(e) attempt to gain undue advantage or benefits, such as unauthorized use of another person's credit card to purchase Virtual Points or Virtual Goods, repeatedly canceling purchase orders after earning free Virtual Points or Virtual Goods or after consuming Virtual Points or Virtual Goods, etc.
(f) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including not disclosing an applicable sponsorship or endorsement relationship when you leave a review;
(g) attempt to disable, impair, or destroy the Services and Software; and
(h) use our Services in any other way not permitted by these Terms of Use or any applicable community guidelines or rules or in violation of applicable law.
5 Virtual Points and Virtual Goods
5.1 "Virtual Points" means the virtual currencies such as virtual gold coins, crystal and energy points available in the Services or Software. "Virtual Goods" means the items or features for use within our Services or Software, which may include without limitation, in-game consumables, card packs, chests and other items that are depleted during gameplay.
5.2 When you purchase, earn, or obtain Virtual Points or Virtual Goods, you receive a personal, revocable, non-assignable, non-sublicensable, non-transferrable, non-exclusive, limited license to use the Virtual Points or Virtual Goods solely within the applicable Services or Software for your personal and non-commercial use. The license terminates when we cease to provide the Services, when your account is closed, or when your purchase order is canceled. Virtual Points and Virtual Goods have no real-world monetary value and cannot be sold, sublicensed, traded, transferred, or exchanged for money or other consideration, except we may operate a marketplace that permits you to buy, sell or trade Virtual Goods to or from other users.
5.3 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. In the event that the balance of Virtual Points in your account is negative, we may restrict your access to our Services or certain features of our Services until such balance becomes greater than or equal to $0.
6 Access
6.1 Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees (including, for example, mobile carrier fees, ISP charges, data plan charges, credit card fees, VAT, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
6.2 Updates. Because we are constantly improving the Services and Software, we may update our Services from time to time, which may block your access to the Services for a period of time and result in the modification or unavailability of the content of the Services, including Virtual Goods (e.g., we might modify certain features of Virtual Goods for regulatory or legal reasons or to improve game experience). We are not liable for any losses incurred by such updates. If the situation permits, we will make reasonable efforts to inform you of such updates in advance.
6.3 Beta Version. If the Services or Software is in a "test period" or a "beta version", your access to our Services may be subject to specific rules, such as limited time period or limited number of users, or privilege for some users but not others. We may modify or delete the gameplay data of users, and irregular shut down of the servers of the Services. You may also be required to provide feedback so we can better improve the Services or Software. Please review these rules carefully. We make no promises that such Services or Software will ever be commercially available or be similar to the beta version you accessed during the test period.
7 Disclaimer and Limitation of Liability
7.1 Disclaimer.
(a) The Services and Software are provided "AS-IS". To the maximum extent permitted by law, NetEase, its parents, subsidiaries, Affiliates, officers, directors, employees, agents, representatives, partners and licensors (collectively the "NetEase Entities") disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. The NetEase Entities make no commitments about the availability, quality or consistency of the Services and Software.
(b) The NetEase Entities further disclaim any warranty that (1) the Services and Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (2) the Services, Software, and the information related to the Services and Software will be complete, accurate, or reliable; (3) the quality of the Services and Software will meet your expectations; (4) any errors or defects in the Services and Software will be corrected; (5) the Services or Software can be accessed and used on any particular device or with any particular service plan; or (6) the Services or Software is or will be available in any particular geographic location.
(c) We are not responsible or liable for (1) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or Software; or (2) the operation, compatibility, or interoperability with any other application or any particular system or device.
7.2 Limitation of Liability.
(a) The NetEase Entities are not 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), arising out of, or related to: (1) the use of or the inability to use our Services and Software, (2) the cost of procurement of substitute goods and services, (3) goods, services, data, or information purchased or received through the Services or Software, or (4) unauthorized access or alteration of your data.
(b) The NetEase Entities' aggregate liability, whether arising out of, or related to contract, tort, strict liability, or otherwise, will not exceed the lesser of (1) total amount you paid for access to the Services and Software during the six-month period preceding the event giving rise to the liability or (2) One Hundred U.S. Dollars.
(c) These limitations and exclusions in this section apply to the maximum extent permitted by law.
(d) To the extent permitted by the applicable law, your sole and exclusive remedy in connection with our breach, termination or cancellation of these Terms of Use or any term hereof, shall be an action for monetary damages. In no event shall you be entitled to enjoin, restrain or otherwise impair in any manner NetEases' or any NetEase Entities' distribution, exhibition, exploitation, advertising, publicity or promotion or any other means of exploitation of the Services and the Software or any subsidiary or ancillary rights in connection therewith. This section sets forth the entire liability of the NetEase Entities as well as your exclusive remedy with respect to access and use of the Services and Software.
8 Breach and Indemnification
8.1 In case we reasonably find that you have breached these Terms of Use or any applicable community 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 gameplay data to the status before your breach; (iii) restricting your access to the the whole or the part of the Services, Software, or your account; (iv) terminating your right to use our Services or Software; (v) taking legal action against you or disclosing relevant information to law enforcement authorities; and (vi) any other actions set forth in any applicable community guidelines and rules.
8.2 You understand that you are personally responsible for your behavior while accessing/using our Services and agree to the maximum extent permitted by law, to defend (at our request), indemnify, and hold harmless NetEase Entities from and against all claims, losses, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and costs), relating to or arising under or out of the relationship between you and us described in these Terms of Use, including but not limited to any breach of these Terms of Use 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.
9 Intellectual Property
9.1 NetEase and the logos and names associated with the Services and Software are our trademarks and service marks. Other marks, names and logos used in the Services, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the trademarks, service marks or logos.
9.2 We retain all right, title, and ownership in the Services, Software, and all associated data and content (including without limitation any Virtual Goods and Virtual Points (collectively "Work"). The Work is protected by international intellectual property law.
9.3 Notice of Infringement – DMCA Policy.
(a) If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded or appearing on the Services 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:
(1) identification of the copyrighted work that is claimed to be infringed;
(2) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
(3) information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
(4) 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;
(5) 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
(6) 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.
(b) Notices of copyright infringement claims should be sent by mail or by email to the following addresses corresponding to the publisher of the Services or Software:
(1) NetEase Interactive Entertainment Pte. Ltd.
Address: 128 Beach Road, #19-01 Guoco MidTown, Singapore
Email: copyright.glo@list.nie.netease.com
(2) Hong Kong NetEase Interactive Entertainment Limited
Address: 8/F, Chuang's Tower, 30-32 Connaught Road Central, Hong Kong
Email: copyright.glo@list.nie.netease.com
(3) Exptional Pte. Ltd.
Address: Level 35, The Gateway West, 150 Beach Road, Singapore
Email: copyright.glo@list.nie.netease.com
(4) Shattershock Limited
Address: 1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street Upper, Dublin 1, D01 YC43
Email: copyright.glo@list.nie.netease.com
(c) A user of the Services 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 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.
(d) 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.
10 Payment
10.1 Payment. The Services 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. When you purchase Offerings, you (a) agree to pay the non-refundable and non-cancellable price for such Offerings as set forth in the applicable Services, and all other applicable fees and taxes in connection with your purchase ("Full Purchase Amount") and (b) authorize us or our payment processor to charge your credit card or other payment method for the Full Purchase Amount. 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.
10.2 Subscriptions and Membership. This section applies only if the use of the Services or the Software are subject to your subscription to and membership of the same. Your membership may start with a free trial. The free trial period of your membership lasts for three (3) days, or as otherwise specified during your account sign-up. Free trials may not be combined with any other offers. To use the Services you must have Internet access and an Internet eligible device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party such as the Apple App Store. We will begin billing your Payment Method for membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including membership price and end date of your free trial period, go to your phone/account settings - "Subscriptions", then tap "Cancel Subscription". The subscription or membership cancellation method may vary depending on the platform, version, and device you are using to access our Services. If you have any questions regarding the status of your subscriptions or membership, you may contact the in-game customer services at any time. Your Payment Method will be authorized for up to approximately 12 months of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, if you cancel prior to the end of your free trial, there will be no charges to your Payment Method. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. Your subscriptions and membership will continue and may automatically renew until terminated. You may cancel your subscriptions and membership at any time; however, unless permitted by the applicable law, THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. You must cancel your subscriptions and membership before it renews in order to avoid billing of the subscriptions or membership fees for the next billing cycle to your Payment Method.
10.3 Refund Policy.
(a) UNLESS OTHERWISE PROVIDED IN THESE TERMS OF USE OR REQUIRED BY APPLICABLE LAW, ALL PURCHASES WITHIN OUR SERVICES ARE FINAL, NON-REFUNDABLE, AND NON-CANCELLABLE.
(b) The following provisions apply if you reside in the European Economic Area ("EEA"), Switzerland, or the United Kingdom:
(1) provided that (i) you have not started downloading or streaming a digital content (e.g., game add-ons), (ii) you have consented to waive the right to cancel the purchase, and (iii) your account balance for any Virtual Points is greater than or equal to $0, you can cancel the digital content purchased within 14 days from the date of purchase and receive a refund;
(2) Virtual Points and Virtual Goods will be delivered upon your purchase, subject to your consent, and are therefore final and non-refundable; and
(3) you can cancel your purchase of a subscription service and request a refund within 14 days from the initial transaction date, even after you start using the subscription. The refund may be reduced pro-rata to reflect the use you have had of the subscription.
10.4 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 Services, 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; (g) may expire prior to your use; and (h) may be withdrawn, revoked or amended in our sole discretion.
11 Mobile Applications
The following terms and conditions apply to you only if you are downloading Software from the Apple App Store (hereinafter, the "App"). To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and NetEase, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store's applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and NetEase acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and NetEase acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, NetEase, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third-party terms of agreement when using the App. You and NetEase acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use as they relate to your use of the App, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
12 Dispute Resolution
12.1 Governing Law.
(a) If you reside in the EEA, Switzerland, or the UK, then the laws of England and Wales will apply to these Terms of Use and any disputes arising out of or related to these Terms of Use, but nothing in these terms limits your statutory right to initiate a proceedings according to mandatory laws of your country of residence.
(b) If you reside in North America, then the laws of California will apply to these Terms of Use and any dispute arising out of or related to these Terms of Use.
(c) If you reside outside of the EEA, Switzerland, the UK, or North America, then the laws of Singapore will apply to these Terms of Use and any dispute arising out of or related to these Terms of Use.
12.2 Informal Process First. You agree that in the event of any dispute, controversy, or claim (collectively, "Claim") between you and the NetEase Entities, you will first contact NetEase at gameslegal@global.netease.com 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.
12.3 Arbitration.
(a) PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THEY REQUIRE YOU TO SETTLE DISPUTES WITH US THROUGH INDIVIDUAL ARBITRATION BEFORE A SOLE ARBITRATOR, AND NOT AS A MEMBER OF A CLASS ACTION. ARBITRATION PREVENTS YOU FROM SUING US IN COURT OR FROM HAVING A JURY TRIAL, THOUGH YOU MAY BRING A DISPUTE AGAINST US IN SMALL CLAIMS COURT IF YOU QUALIFY. YOU FURTHER WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS IN CONNECTION WITH YOUR USE OF THE SERVICES.
(b) If we aren't able to reach an information resolution within 60 days of your email, any remaining Claims relating in any way to your use of NetEase's services or products, including the Services, 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, on an individual basis according to the following terms (collectively, the "Arbitration Terms"):
(1) Arbitration will be conducted confidentially by a single arbitrator. The proceeding will be in English. The arbitrator will apply applicable statutes of limitation and all applicable law and will honor claims of privilege recognized by applicable law.
(2) If you reside in North America, then the Claims will be solely and finally settled by arbitration administered by Federal Arbitration, Inc. under its Rules for Arbitration then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Use). Arbitration will occur in Los Angeles, California, unless we both agree to conduct it elsewhere. You agree that the federal and state courts in Los Angeles, California are the proper forum for any appeals of an arbitration award or for court proceedings in the event that the binding arbitration clause of these Terms of Use is found to be unenforceable.
(3) If you reside in the EEA, Switzerland, or the UK, then the Claims will be solely and finally settled by arbitration administered by London Court of International Arbitration ("LCIA") under the Rules of LCIA then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Use). Arbitration will occur in London, England, unless we both agree to conduct it elsewhere. You agree that the courts in London, England are the proper forum for any appeals of an arbitration award or for court proceedings in the event that the binding arbitration clause of these Terms of Use is found to be unenforceable.
(4) If you reside outside North America, the EEA, Switzerland, or the UK, then the Claims will be solely and finally settled by arbitration administered by Singapore International Arbitration Centre ("SIAC") under the Arbitration Rules of the SIAC then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Use). Arbitration will occur in Singapore, unless we both agree to conduct it elsewhere. You agree that the courts in Singapore are the proper forum for any appeals of an arbitration award or for court proceedings in the event that the binding arbitration clause of these Terms of Use is found to be unenforceable.
(5) Judgment on the arbitration award may be entered in any court that has jurisdiction.
(6) Costs of Arbitration. Payment for any and all reasonable filing, administrative and arbitrator fees will be in accordance with the applicable arbitration 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 applicable arbitration 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.
(7) 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.
(8) Opt-Out. You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in these Terms of Use by sending written notice of your decision to opt-out to gameslegal@global.netease.com. The notice must be sent to NetEase within 30 days of your registering to use the Services or agreeing to these Terms of Use (or if this Section 12.3 is amended hereafter, within 30 days of such amendment being effective), otherwise you shall be bound to arbitrate disputes in accordance with these Terms of Use, 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.
12.4 Exceptions. Notwithstanding anything in these Terms of Use 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. Nothing in these terms limit your statutory right to initiate a court proceedings according to mandatory laws of your country of residence.
13 Miscellaneous
13.1 English Version. The English version of these Terms of Use will be the version used when interpreting or construing these Terms of Use.
13.2 Non-Assignment. You may not assign or otherwise transfer these Terms of Use or your rights and obligations under these Terms of Use, in whole or in part, without our written consent, and any such attempt will be void. We may assign or transfer our rights under these Terms of Use to a third party without your consent.
13.3 Entire Agreement. These Terms of Use set forth the entire agreement between you and us, and supersede and replace any and every other prior or contemporaneous agreement or understanding that may have existed between you and us.
13.4 Severability. If any provision of these Terms of Use is held invalid or unenforceable for any reason, the remainder of these Terms of Use will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.
13.5 No Waiver. Our failure to enforce or exercise any provision of these Terms of Use is not a waiver of that provision.
13.6 Contact Us. If you have any further questions about these Terms of Use, please contact us via the in-game customer services or on the official websites of our Services.
14 Regional Terms
14.1 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, then 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.
14.2 EEA Residents. Please remember that the European Commission provides a platform, facilitating the out-of-court settlement of online disputes between consumers and professionals that is available here: https://ec.europa.eu/consumers/odr/.