This Agreement (referring to: the main text herein; the game rules and revised version hereof, which, once officially released, shall be an integral part of this Agreement; the Essential Provisions of Formatting Agreement for Online Game Services formulated according to the Interim Measures for the Administration of Online Games of the People's Republic of China (Order No.49 of the Ministry of Culture); and the relevant laws and regulations of the country where the game has been published) is concluded by and between You (also User or Player) andChengdu Longyuan Network Technology Co., Ltd. (hereinafter referred to as We or Longyuan Network) with respect to such game products and services we provide you as our website, the network services and game services we are providing and will provide to you in the future, hereinafter referred to as the Services).
To protect your rights and interests and before registering to use the services we provide, you are expected to carefully read and fully understand the terms and conditions herein, especially the terms of exemption or limitation of liability, as well as the separate agreements or rules for opening or using a certain service.
You shall have no right to use our services unless you have read and accepted all the terms of this Agreement. Once you register and use our services, you will be deemed as having read and agreed to sign this Agreement. If you are still minors, please read this Agreement in the company by your legal guardian and pay special attention to the terms of use for minors.
I. About Services
1. The specific contents of service will be provided by us according to the actual situations, such as the BBS, chat room, e-mail, personal comments, etc. In any of the following circumstances, we shall have the right to interrupt, stop or change the service we have provided, and we will not assume any responsibility for the troubles, inconveniences or losses arising therefrom: 1) Regular inspection and maintenance, and updating of software and hardware, etc., i.e. suspension of services, and we will complete the repair and maintenance work as soon as possible; 2) the server is damaged in any form and cannot operate normally; 3) the network lines or other situations that cause stagnation and obstruction to players when connected with the game server through the Internet and network services; 4) such factors as force majeure; 5) in case of emergency to safeguard national security or the personal safety of other third parties; and/ or 6) sudden equipment or communication failure.
2. While providing services, we may charge some fees to users who use some services. In this case, we will make clear hints on the relevant webpages. If any user disagrees to pay such fees, they may choose not to accept corresponding services.
3. We provide relevant network and game services only. Meanwhile, the equipment related to network or game services (such as computers, modems and other devices related to Internet access) and such required fees (as of telephone and Internet access) shall be borne by users separately.
4. We will follow relevant laws and regulations and the provisions of this Agreement, take such corresponding measures to protect the legitimate rights and interests of minors in their process of using our services as any possible technical measure to prohibit minors from contacting inappropriate games or game functions, limiting their time duration for playing our games, and preventing them from indulging in the Internet. As part of the game rules, we will also issue user guidelines and warning instructions at appropriate locations, including the introduction of game contents, methods of correctly playing the games and methods for preventing hazards. All minor users should carefully read and follow these guidelines and instructions under the guidance of their respective legal guardians. Other players should avoid publishing and producing any content that is harmful to the physical and mental health of minors in the process of using the service, and jointly create a healthy game environment.
II. Registration
1. Application for Registration
1) When applying for account registration, you should register your real name according to the laws and regulations of the country where the game has been published. You should register with your own cell phone number and provide us with real, detailed and accurate personal data, including but not limited to your real name, certificate type and valid certificate number.
2) All personal data you have provided will be used by us as the basis for verifying your identity.
3) Any inconsistency of your registration information provided with the fact may lead to inability to accept the services normally, and we disclaim any responsibility therefor.
4) You cannot use the charging services in the software of Longyuan Network until after passing the real-name authentication.
2. Modification
After you register successfully, you can update or modify the information provided when you apply for registration at any time as required. We will provide users with such services in a timely and effective manner. However, to protect the safety of your personal information and account number, we may verify your modification and require you for confirmation.
3. Collection, Use and Protection of Information
1) Your user information that we collect for the purpose of performing this Agreement upon your consent and authorization includes your registration information, game data under your game account number and other information which you provide to us in the process of using our services or which we need to collect based on consideration of security, optimization of user experience and other related aspects, and such collection of your user information shall comply with relevant laws.
2) To provide services to you, we may submit your user information to our affiliated companies, and we shall have the right to sort, count, analyze and utilize your user information by ourselves or through a third party. You should agree and authorize us to disclose your registration information to any third party in a way we consider appropriate. However, we will not disclose your name, address, correspondence address, e-mail, account number, password and other personal data unless: a) you allow us to disclose so; b) relevant laws and regulations require us to disclose your personal data; c) any judicial organ or other institution requires us to disclose your personal data based on legal procedures; d) it is necessary to disclose your personal data to protect our intellectual property rights and other related property rights; e) it is necessary to disclose your personal data to protect the personal safety of the public in case of emergency.
3) You fully understand and agree that we or the third party we cooperate with can provide you with such information including activity information, promotion information and so on as about the games or services we provide through SMS, telephone, email and other means according to your user information.
4) We will abide by the Privacy Right Policy in the collection, use and protection of user information unless otherwise provided in this Agreement.
4. Security of Account Number and Password
1) Please understand that the account number cannot be changed after registration, but that the password thereto may be modified through the services we provide you. You shall be fully responsible for the safekeeping of your account and password and the actions you take related thereto. Please do not transfer or lend your account or password to any of others. We disclaim any liability for any illegal use of your account or password by any of others due to your negligence, any other personal behavior and any consequence arising therefrom.
2) We will take commercially reasonable measures to protect the safety of your personal data. We will use commonly-available security technologies and procedures to protect your personal data from any unauthorized access, use or disclosure. We do not assume any responsibility for the loss of your account or the disclosure of your personal data not due to our negligence.
III. Rules on Services
1. You agree to accept and use our services in accordance with the terms of this Agreement and other rules that we may issue, change and modify from time to time. On the premise that you abide by this Agreement and relevant laws and regulations, you can enjoy a personal, non-transferable and non-exclusive license to use our services based on this Agreement.
2. Except that you can use our services in accordance with the provisions of this Agreement, you are not allowed to commit any act that may infringe our intellectual property rights or any other act that may harm the legitimate rights and interests of us or any third party.
3. Unless permitted by law or our written permission, you shall not:
1) Delete the copyright information on the game software and its copies;
2) Reverse engineering, reverse assembly, reverse compilation or other ways to try to find the source code of the game software;
3) Scan, probe and test the game software to detect, discover and find possible bugs or weaknesses therein;
4) Copy, modify, add, delete, hook or run the game software, or the data released into any terminal memory during the software running process, the interactive data between the client and the server during the software running process, and the system data necessary for the software running, or create any derivative works, including but not limited to using plug-ins, add-ons or non-legally authorized third-party tools/ services to access the software and related systems;
5) Modify or falsify instructions and data in software operation, add, delete or change the functions or operation effects of the software, or operate or disseminate the software and methods used for the above purposes to the public, regardless of whether the above acts are for commercial purposes or not;
6) Use any game software through any third-party software, plug-ins, add-ons and systems that are not developed and authorized by us, or develop, publish or disseminate any third-party software, plug-ins, add-ons and systems that are not developed and authorized by us;
7) Use, lease, lend, copy, modify, link, reprint, assemble, announce, publish, or establish mirror sites of the contents on which we have intellectual property rights in the game;
8) Establish a mirror site about the game software we provide, or take a snapshot of the web page (network), or set up a server to provide others with exactly the same or similar services as or to our game services;
9) Separate any part of our game and use it separately, or use it in other ways non-conforming to this Agreement;
10) Use the name, trademark or other intellectual property rights of our game;
11) Take any other act without our express authorization.
4. You can use our services for non-commercial purposes only. You shall not use our products and services for any commercial purpose, nor can you use our products and services for sales or other commercial purposes.
5. When using our services through your account, you shall abide by relevant laws, regulations and generally applicable norms. You shall be responsible for all activities and events through this account and you shall not publish any of the following contents:
1) Any content that may incite the ethnic hatred and discrimination and undermine the ethnic unity;
2) Any content that may propagate cults and feudal superstitions;
3) Any content that may spread rumors, disturb social orders and undermine social stability;
4) Any content that may spread obscenity, pornography, gambling, violence, murder, terror or instigation of crimes;
5) Any content that may insult or slander others and infringe upon the legitimate rights and interests of others;
6) Any content prohibited by relevant laws and administrative regulations;
7) Any content that may infringe the intellectual property rights or other rights of any third party;
8) Any content that may violate the social morals and customs.
6. If you violate the provisions of this Agreement or related terms of services and cause or produce any claim, demand or loss filed by a third party, you shall bear the corresponding responsibility independently and make compensation for any loss or damage caused thereby to us.
7. Once we verify that the personal data you provide us is untrue, or if we find or receive reports or complaints from others proving that you violate the Agreement, we shall have the right to delete the relevant contents at any time without notice, and impose penalties including but not limited to warning, restricting or prohibiting the use of part or all of the functions, blocking or even canceling the game account according to severity of the situation, and announce the processing results without obtaining your consent.
8. You fully understand and agree that we have the right to punish your for any violation of relevant laws and regulations or provisions of this Agreement based on reasonable judgment, take appropriate legal actions against any user who violates laws and regulations, and keep relevant information and report such information to relevant departments in accordance with laws and regulations. You shall bear all legal liabilities arising therefrom.
9. If we restrict, freeze or terminate the use of your account in accordance with this Agreement and relevant business rules, it may result in the deletion of game data and relevant information under your account and the loss of relevant rights and interests, your shall bear full responsibility for such loss and we disclaim any liability therefor.
10. You need to be aware that, to make efficient use of server resources, if you do not use your account to log in or use our service for more than 180 days, we have the right to, as necessary, without obtaining your consent, delete your account and the game data and relevant information thereunder by giving you advance notice through our website or game software. The above disposal may result in the loss of relevant rights and interests under the game account, for which we shall not assume any responsibility.
11. Your game account number, game characters and other nicknames related to our services shall not contain any content as prohibited in Paragraph 5 of this article.
12. All kinds of virtual goods and currencies in the game service provided by us include but are not limited to game props, game equipment, game currencies and other parts of the services provided by us. We hereby make non-exclusive license to you based on this Agreement. You shall play the games in accordance with the law and the Agreement. The purchase and use of game props, game equipment and game coins shall comply with the requirements of this Agreement and the specific rules of the game. Meanwhile, such game props, game equipment, game coins, etc. may be limited by a certain period of validity. If you do not use them within the stipulated period of validity, they will automatically become invalid upon expiry of the period of validity except for force majeure or reasons attributable to us. You need to note that once you have purchased the right to use virtual goods and currency, you shall not request refund in any name, regardless of whether you use them or not.
13. We forbid players to conduct offline transactions on virtual items such as game coins, props and equipment. Any problem arising from your own offline transactions shall have nothing to do us, and you should handle them and bear the responsibility therefor separately.
14. All other rights not expressly authorized by other clauses of this Agreement shall be reserved by us. You must obtain our written permission separately for exercising such rights.
15. To increase and enrich the game contents, we will update and adjust all the game functions from time to time when the game is running. After the game is updated, all operations, contents and settings in the game will be subject to the announcement settings in the game.
16. In the event of a merger of the game servers we serve, we have the right to transfer your role in the game and your data information to any other of our game servers.
17. In the event that you commit any violation as stipulated in the following clauses, we shall have the right to warn your account, force you to log off, lock down, change your name, delete characters or even shut down your account according to the seriousness of the case. If the circumstances are especially severe, you will be further investigated for legal responsibility and bear such consequences as virtual property losses caused thereby.
1) Any violation of the national laws and regulations of the country where the game has been published regarding your use of our services;
2) Any modification, deciphering or any behavior that may affect the game programs and game network data transmission packets;
3) Use of any method for malicious invasion and attack on the server, or any behavior that may damage the normal operation of network services;
4) Use of any game bug and any third-party plug-in program to earn money, copy equipment, quickly accumulate experience and other behaviors that may undermine game fairness and increase the burden on servers;
5) Any open or private dissemination of any game Bug that exists and can be used;
6) Use of any role name that contains personal attacks, obscenity, abuse, reaction or other acts that may endanger the image of the game, intentionally resemble the role names of game administrators, disrupt the normal service order, and are detrimental to the interests of the State and the nature of social morality;
7) Malicious screen-brushing using public channels, or any behavior affecting the normal game order;
8) Any act that implies or pretends to be an internal employee or a special identity in some way in an attempt to obtain improper benefits or affect the rights and interests of other users;
9) Any act in spreading illegal remarks or improper information;
10) Stealth of other people's game accounts and game articles;
11) Unauthorized trading of game accounts, game props, game equipment, game coins, etc.;
12) Other misconduct widely recognized in the industry, whether or not explicitly listed in this Agreement or in the rules of the game.
IV. Disclaimer
For our products and services, we only make the following limited warranties, which supersede any other express or implied warranties (if any) in any documentation, packaging, or other materials.
1. We only provide relevant products, software or programs and any support services in the form of the "existing conditions and including all errors" and only guarantee that:
1) The products and services we provide can basically meet the requirements as officially announced by us;
2) The relevant products and services we provide are basically consistent with our officially announced service commitments;
3) We will try our best to solve any problem we encounter in the process of providing products and services within the reasonable scope permitted by business only.
2. We expressly disclaim all other types of warranties, either express or implied, including but not limited to any implied warranties and responsibilities of merchantability, fitness for a particular purpose, reliability, accuracy, completeness, virus-free and error-free to the maximum extent as permitted by applicable laws.
3. Moreover, we do not guarantee that, to the maximum extent permitted by applicable laws, the products and services we provide will fully meet your requirements, nor that the products and services we provide will not be interrupted, and we do not guarantee the timeliness, safety, occurrence of errors and whether the information can be accurately, timely and smoothly transmitted.
4. We will not, to the maximum extent permitted by applicable laws, assume any liability for any accidental, indirect, special or indirect damage or request (including but not limited to damages caused by personal injury, privacy disclosure, failure to perform any responsibility including honesty or reasonable care, negligence and any other pecuniary or any of the other losses) arising from your use of our products and services or in any way related to our products and services.
5. You agree to use the services provided by us for your own personal wishes and you are willing to bear any such risk as including but not limited to damages to you or the computer system you use or loss of any data due to the execution of the service programs provided by us or the downloading of games or data from the website. What you need to pay attention to is that you shall be responsible for any result from your personal operation that leads to any error, and we will not compensate you therefor in any form!
6. You have understood and agreed that we will not assume any responsibility for the interruption, temporary unavailability, delay and stoppage or interruption of our products and services due to the failure, malfunction or human error of software and hardware equipment of ours, our partners’ or the telecommunication network system. We shall not assume any responsibility for the stoppage or interruption of our products and services caused by other people's intrusion into our network or game system, tampering with, deleting or forging or altering websites and game materials or data.
7. You may link to any third-party website in the process of using our products and services. Such third-party websites are not under our control, and we are not responsible for the contents therein, any links contained therein, or any changes or updates thereto. We provide these links to third-party websites for convenience only. The links we provide do not mean that we accept such websites. You need to check and comply with the relevant regulations of such websites.
8. We will try our best to provide you with products and services continuously, but we do not rule out the possibility that we may stop providing the products and services, nor do we rule out any possibility of changing the game style. If we stop or change the supply of products and services, we will notify you in advance and try our best to find appropriate service providers to replace us or methods for continuous supply of such products and services. In this case, we may transfer your personal data (including relevant account and password and personal information) to the party that continues to provide services, or we may permanently seal up the original data as needed to implement new games. You hereby agree that we have the right to make this transfer and change, and agree that after we complete such transfer and change, we will no longer assume any obligation and responsibility for your original data. However, we do not hereby guarantee that we can certainly find an appropriate service provider to replace us or any service method for continuing to provide products and services, nor do we guarantee that the products and services provided by the service provider we find and the changed game method can fully meet your requirements, nor do we have to bear any responsibility for failing to perform the agreement as specified in this paragraph.
9. Except for the circumstances stipulated in the Interim Measures for the Administration of Online Games and the relevant laws and regulations of the country where the game has been published, the online virtual currency that users have not yet used and the game services that have not yet expired will not be discounted or refunded.
V. Privacy Statement
We promise to protect the privacy of personal information provided by users when using our services. Except as otherwise provided in this Agreement, we will follow the provisions of this article. We hereby declare all details related to privacy protection to indicate our efforts in guaranteeing our users’ right of privacy.
1. Data Collected and Usage Mode
We will collect such data as filled in and transmitted by users who voluntarily agree to our use of such information as including the user name, address, email and other related items. Such information may be used for, including but not limited to, understanding the users’ ideas and opinions about us, or participating in various activities we promote, etc.
2. Extent to Which User Information is Shared
According to this Agreement and subject to the same user privacy protection agreement, we will send such activity information of Longyuan Network as related to promotions, meetings, activity trends, recent market activities, etc. to users. If any user refuses to receive relevant messages, we will not send them to users any more.
We will not sell, transfer or disclose any user-related information to any third party other than Longyuan Network and our affiliated companies.
3.We reserve the right to use or provide user data under the following circumstances, including: under the legal norms and requirements; for maintaining the integrity and legality of our services; in response to the user request; cooperate with legal investigation and public safety, etc.
4. Linked to Personal Data
Any user has absolute control over any information provided thereby to us. He may modify such information as his personal data or contact information in the software of Longyuan Network at any time he wants to, except as otherwise provided by law or this Agreement.
5. Linked to Other Websites
We may provide links in our website or game software to websites ranged outside our services. Users should, before entering such websites, refer to relevant provisions therein regarding protection of users' privacy, and we disclaim any liability for the privacy protection provisions in such websites.
6. Amendment of Regulations on Privacy Protection
We will, if necessary, amend the corresponding regulations on privacy protection in this Privacy Statement at any time. So we suggest that you regularly log in and check the latest terms and conditions online. We will not take the initiative to remind users of the updating of any such term in the future, nor will we recall what happened to the application before, nor will we change the way we handle the information collected before.
VI. Intellectual Property Right
1. We are the holders of intellectual property rights of the services and games we provide. All copyrights, trademark rights, patent rights, trade secrets and other intellectual property rights of our services and games, as well as all information content related hereto (including texts, pictures, audio, video, charts, interface design, layout framework, relevant data or electronic documents, etc.) are protected by the relevant laws and regulations of the People's Republic of China and the corresponding international treaties. We enjoy the above intellectual property rights other than the rights enjoyed by relevant right holders according to relevant laws and regulations.
2. The ownership and intellectual property rights of the game data generated during your use of our services shall belong to us, and we shall have the right to dispose of such game data.
3. The services or games we provide may involve the intellectual property rights of third parties. If such third parties have other requirements for you to use these intellectual property rights in the services we provide based on this Agreement, we will inform you of such requirements in an appropriate way and you shall comply with them.
VII. Charging Policies
1. We shall have the right to determine the standards and methods of charging for the products and services we provide. We may establish different charging standards and methods for different products and services, or we may determine different charging standards and methods according to different stages of the products and services we provide. Meanwhile, we may revise our charging policy from time to time. We will place the charging information about products and services and the charging standards and methods, purchasing methods or other information about charging policies on our products and services in a prominent position in relevant web pages of products and services.
2. For our paid products and services, you can use these products and services only after purchasing them according to the charging policies we have formulated. If you fail to purchase our products and services according to such policies, we may immediately stop providing such products and services to you.
VIII. Advertisement
1. You know and agree that we can publish commercial advertisements or other promotional advertisements for other parties through our service and game software.
2. It should be noted that such contents are the work of advertisers or commodity service providers, and we only provide the platform for their release. If you purchase services or goods through us or the websites we link to, the transaction only exists between you and the suppliers of the goods or services, and has nothing to do with us.
IX. Compensation for Damage and Compliance with Local Laws
1. If you violate this Agreement or relevant laws and regulations, causing our parent company, subsidiaries, subsidiaries, affiliated enterprises, employees, agents and all other relevant auxiliary personnel to suffer damages or incur all derivative costs (including but not limited to paying all legal costs of defense or claim litigation and related settlement for your violation by the above-mentioned persons), you shall be liable for such damages and costs.
2. You should abide by relevant local laws and regulations and respect local morality and customs when using the services or game software we provide. If your behavior violates any local law or regulation or moral custom, you shall bear the responsibility therefor independently.
X. Jurisdiction and Applicable Laws
1. The place where this Agreement is signed is the Floor T1-12, Fucheng International Plaza, No. 722, Yizhou Avenue, Chengshidu High-tech Zone, People's Republic of China.
2. The establishment, entry into force, performance, interpretation and settlement of dispute of or related to this Agreement shall be governed by the laws of the Mainland of the People's Republic of China.
3. Any dispute or dispute between you and us due to this Agreement shall be settled through friendly negotiation first. Where such negotiation fails, you agree to submit the dispute or controversy to the people's court with jurisdiction in the place where this Agreement is signed.
4. The titles of all clauses in this Agreement are for convenience of reading only and have no actual meaning. They cannot be deemed as the basis for interpreting the meaning of this Agreement.
5. In the event that the clauses of this Agreement are partially invalid for any reason, the remaining provisions shall remain valid and binding on all related parties.
XI. Modification and Interpretation
Based on the consideration of the changing situations of ourselves, users and the market, we reserve the right to modify, add or delete the terms of this Agreement at any time. When we modify, add or delete any term thereof, we will announce the modified, added or deleted terms on our website or in the game without separately notifying you. If you do not agree with what we have modified, added or deleted, you may select to stop using the services we provide. Your selection to continue using our services shall be deemed as that you agree and accept all the contents after modification, supplement and deletion, and will not require any compensation or compensation therefor.
XII. Miscellaneous
1. Guardians should strengthen the supervision and protection of their minors, and shall, if failing to perform guardianship responsibilities carefully and damaging the interests of minors, bear the full responsibility therefor.
2. If you have any comments or suggestions on this Agreement or our services, please contact our customer service department and we will give you necessary help.
Official Website: [www.dragonest.com]; Customer Service: [4000902980].
Longyuan Network
