END-USER LICENSE AGREEMENT
1 About These Terms
1.1 This Agreement is entered into by and between you and Mattel 163 Limited (hereinafter referred to as "we", "us" or "our") in relation to our online game and any related services (together referred to as our "Game"). You agree that by accessing and/or playing our Game, you are binding to this Agreement. In addition, when using our Game, you may be subject to any posted guidelines or rules applicable to such Game which may be posted from time to time, including without limitation to our Privacy Statement.
1.2 We may update this Agreement from time to time by posting the amended terms in our Game or websites. Your continued use of our Game will be deemed as your acceptance of the updated agreement.
1.3 YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
2 Accounts
2.1 Subject to the laws of your residence country, minor children may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward (collectively, your "Child") to use an account, you hereby agree to this agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you.
2.2 You agree that you will make necessary efforts to protect your account information and keep it confidential. You agree that you may not transfer your account as well as any of your rights or obligations under this Agreement to anyone else or share your account information with others without our prior consent.
3 User Conduct and Content
3.1 You must follow applicable laws of the jurisdiction where you are located when visiting our Game. If any applicable laws restrict or forbid you from playing our Game, you shall follow such restrictions or stop visiting or playing our Game.
3.2 Users may send, upload, communicate, transmit or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, or other materials ("Content") via our Game. You are exclusively responsible for any and all Content that you may provide via our Game, either published in public or sent in private. Regarding to such Content, you agree to comply with applicable laws and to the following:
3.2.1 You will not provide any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
3.2.2 You will not provide any Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
3.2.3 You will not provide Content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
3.2.4 You will not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
3.2.5 You will not provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
3.2.6 You will not provide any Content that contains anything that, in the sole determination of NetEase, is objectionable or inhibits any other person from using or enjoying the Game, or which may expose NetEase or its users to any harm or liability of any kind.
3.3 By playing our Game, you agree that you will not:
3.3.1 except for a necessary backup for playing our Game, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Game;
3.3.2 use our Game in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;
3.3.3 use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the Game, collect any information of the Game or connect to the Game;
3.3.4 use our Game for any purpose other than a reasonable person is likely to believe is within the spirit of playing, specifically including without limited to commercial purposes;
3.3.5 reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Game, any Content created by others or any portion thereof, in whole or in part;
3.3.6 remove or amend any patent notice, copyright notice or other intellectual property information from our Game;
3.3.7 collect any information, other than reasonably necessary for playing the Game, of other users; and
3.3.8 Unless otherwise specified, transfer virtual currencies such as gold coins and points ("Virtual Money") or items or services for use within our Game ("Virtual Goods") in any way once you purchase it, including but not limited to transaction, gift and exchange for real money.
3.3.9 use our Game in any other way not permitted by this Agreement or any posted guidelines or rules.
4 Access
4.1 You are responsible for obtaining and maintaining necessary devices for playing our Game, including but not limited to mobile phones and pads, and for device fees, including but not limited to Internet fees, data fees and electricity fees. You recognize that these fees are paid to third parties not relevant to this Agreement and shall not incur any liability of us under this Agreement.
4.2 You understand that due to the specialty of the online games, we may update our Game from time to time, which may block your access to the Game for a period of time and result in the modification of the content of the Game. We are not liable for any losses incurred by such updates except for those due to our intent or gross negligence. Unless under an urgent circumstance, we will inform you of such update in advance.
4.3 In the circumstance that our Game is in a “test period” or a “beta version” or something of that kind, your access to our Game may be subject to specific rules, such as limited period or limited number of users to access to the Game, privilege of some users to access to the Game, our reserved rights to modify or delete the game data of users, and irregular shut down of the Game servers. Please read carefully these rules and your cooperation and feedbacks upon our beta version of the Game are highly appreciated.
5 Disclaimer
5.1 Although we endeavor to provide the accurate and reliable services of our Game, you expressly understand and acknowledge that OUR GAME, AS WELL AS THE RELATED SERVICE AND INFORMATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY OR BUG/ERROR/DEFECT-FREE.
5.2 Without limiting our liabilities expressly set forth herein or required by the applicable laws, you expressly understand and agree that WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE INABILITY TO USE OUR GAME, AND/OR RELATED SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR GAME, AND/OR RELATED SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR GAME, AND/OR RELATED SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR GAME, AND/OR RELATED SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.
6 Breach and Indemnification
6.1 In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved Content; (ii) restoring your Game data to the status before your breach; (iii) terminating your right to use our Game; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities and (v) any other actions set forth in any posted guidelines and rules.
6.2 You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
7 Intellectual property
7.1 NetEase and our associated logos and names are our trademarks and/or service marks. Other marks, names and logos used in the Game, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
7.2 The Game and all data, content and software associated with or generated within it including without limitation any and all Virtual Goods and Virtual Money (collectively referred to as our “Work”) may be protected by the laws of copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights (including without limitation the intellectual property rights and ownership) in our Work. Subject to the terms and conditions of this Agreement and any applicable posted guideline or rules, we hereby grant you a limited, revocable, non-sublicensable and non-exclusive license to use and reproduce our Work solely for your personal use in connection with our Game. Unless expressly set forth herein, you may not otherwise reproduce (other than incidental reproduction required to run the Game on your device), distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display our Work or any adaptations thereof. The license granted herein will automatically terminate in the event of your breach of this Agreement. You can use the Work obtained within our Game for so long as we operate our Game unless the Work is specially marked with duration or maximum charges under which circumstance the license of using such Work will be terminated if the duration expires or the maximum charges are reached. You may pay for license of some Work (such as some Virtual Money and Virtual Goods) and you agree that SUCH PAYMENT IS FINAL AND NON-REFUNDABLE UNLESS APPLICABLE LAWS SPECIFY OTHERWISE. Some Work may be subject to certain third party’s license such as open source license as stated in the Game or our website. Please read carefully the license agreement of such third party and make sure you comply with the requirements set forth in such agreement when using the certain Work.
8 Privacy
8.1 By playing our Game or using any related services, you may provide the following information to us:
8.1.1 Login information which is used to identify specific users of the Game and may include game account or any third party account to log in the Game. When you register a game account we will expressly indicate the information to be provided. If any third party account is used to log in the Game, your information will be collected subject to the private policy of such third party.
8.1.2 Non-personally identifiable information formed or provided during your use of our Game or any services related, such as your gaming duration, device, IP address and operating system to improve your experience in our Game.
8.1.3 Your interactions with us, including but not limit to Content, claims, critics, suggestions, feedbacks, and investigations, as well as the information you provided to us during the interaction.
8.2 The above information may be provided by you when you: (1) register for an account; (2) update your account; (3) request technical service support; (4) purchase products or services; (5) enroll in subscription orders; (6) subscribe to newsletters or updates; or (7) make payments for items and advanced functions, within our Game or any related services.
8.3 We will collect, dispose and use your information in accordance with this Agreement. Your continued use of our Game will deem as your acceptance for us to obtain, utilize and use your information subject to this Agreement.
8.4 Information collected under this provision will be only used for:
8.4.1 Provision of our game to users;
8.4.2 Enhancement of user experience;
8.4.3 Identification of the most popular part of our game and estimation of our marketing initiatives; or
8.4.4 Notification of the Game updates to users.
8.5 Under and only under the following circumstance, information collected under this provision will be disclosed to the designated third parties:
8.5.1 For the purpose set forth above, our affiliates or sub-contractors may be commissioned to process such information, provided that such affiliates or sub-contractors comply with terms and conditions hereunder.
8.5.2 We may also disclose such information (i) as you required; (ii) a regulatory requirement, judicial proceeding, court order or legal process served on us; or (iii) to protect the safety, health, right, or property of others, public or ourselves.
8.6 We will safely manage the information provided by you with reasonable care and comply with the applicable laws and regulations.
8.7 Our Game may contain links to many other web sites or applications, users shall read the corresponding privacy policies carefully in the access to those web sites or applications. We will not be responsible for the acts of such websites or applications.
9 Governing law and Jurisdiction
9.1 Unless otherwise stipulated by applicable laws, this Agreement shall be governed by the laws of the Hong Kong, as an agreement wholly performed, negotiated and executed therein without regard to Hong Kong’s conflict of law rules. Any disputes relating in any way to or arising under or out of your use of the Game or the User Agreement shall be binding upon the arbitration held by the China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Center. You hereby consent to personal jurisdiction and venue in CIETAC Hong Kong Arbitration Center.
10 Miscellaneous
10.1 Transfer.
You agree that we may transfer all or a part of our rights or obligations under this Agreement to a third party upon prior notice to you.
10.2 Entire agreement
This Agreement sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.
10.3 Severability
If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that this Agreement will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
10.4 Waivers of our rights
The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by us.
10.5 Contact Us
If you have any further questions this User Agreement or the privacy practices of us, please contact us via the contact information in the Game or on the official website of the Game.
Mattel 163 Online Privacy Statement
INTRODUCTION
This Privacy Statement applies to the web Sites, mobile Apps or Apps, and other online services, including connected products (collectively the “Services”) provided by Matte 163 Limited ("Mattel 163", "we", "our", or "us"), which Services we make available on mobile end or PC end, via telecommunications platforms and/or through social networking platforms, web browsers or app stores. This Privacy Statement governs your use of our Services, regardless of how you access or use them. By “Sites”, we mean any website or URL of ours that we have linked to this Privacy Statement and all features, applications, content, and downloads that are operated by us and that are available through the Sites. Each time you access and/or use the Services, you agree to be bound by and comply with all of the terms of this Privacy Statement. Use of Apps and other Services, like connected products, may be subject to an End-User License Agreement (EULA). Specific Services may provide more detailed explanations of how data is collected, used, stored, or disposed of, and may provide additional specific options for you to choose how and what type of information to provide.
We want you and your family to have fun using our Services, and urge you and your family to follow common sense whenever disclosing personal information - in our Services or anywhere else.
OVERVIEW
We encourage you to review our complete Privacy Statement in detail, as it includes important information. If minors as defined by the laws of your residence will access and/or use the Services, we request the legal guardian to review this Privacy Statement. The minors will not be allowed to access or use the Services without their legal guardian’s consent.
CHILDREN
We take many special precautions to protect the privacy of children. In general, we define “children” as users under 13, but adhere to local definitions of “children” where a different age applies.
• In our Services intended for children, we do not collect personal contact information (like full name, e-mail address, phone number, or home address) from children without the consent of a parent or legal guardian, except in limited circumstances authorized by law.
• We may collect some information (like IP address, mobile device UDID, operating system, etc.) automatically and use technology like cookies to provide functionality and support our operations.
• We do not ask for more personal information than is necessary for a child to participate in an activity.
• We take steps to prevent children from posting or publicly disclosing personal contact information. Parents can contact us if they have any question on the collection, use or sharing of their children’s information.
WHAT WE COLLECT – ADULTS AND TEENS
We collect information from adults and teens to serve your needs, manage our content and advertising, operate efficiently, and improve our products and services.
• We may collect personal contact information, like e-mail address or phone number, from adults and teens when voluntarily submitted, including when needed to fulfill transactions. Registration may be required to use some Services.
• We may obtain information from commercial sources and combine it with information we have collected.
• We may collect information from your third party account through which you log in and use our Services, including your nickname, friend list and profile picture . You automatically agree to our collection and use of such third party account information by using such third party account to log in and use our Services.
• Certain information may be collected automatically in our Services, like your IP address, UDID, browser setting, operating system, referring domain, language preferences, mobile carrier if you are using a mobile device, general location (e.g., zip code, but not specific address without consent) and other information.
USER-GENERATED CONTENT
• You may be able to post or upload content, like comments, reviews, photos, etc. Registration may be required. Please keep in mind that the content you provide in the Services may be disclosed to public and DO NOT provide any content including personal information or other sensitive data.
• We may use monitoring and filtering technology to prevent children from posting personal contact information at Services directed to children.
COOKIES AND TECHNOLOGY
• Our Services use technology, like cookies and web beacons, to manage registrations or access to certain features, store your settings and preferences, conduct age-screening, offer you personalized content, shop, help us understand the features that appeal to visitors, and manage advertising, among other things.
• We also work with third parties who offer analytics or deliver targeted ads online or through Apps. They use technology and collect device identifiers, such as your IP address or mobile UDID, and information on your activities, to do so. You may be able to opt out of receiving targeted ads on our Services. You will still see ads, although they may be less relevant to you.
• Some of our sites might place their own cookies on your device to offer you targeted ads for our products and services when you visit other sites.
• Tools are available to help you control some of these technologies.
CHOICES
We respect your choices about receiving promotional offers and updates from us.
APP CONTROLS
Your device may allow you to block or manage push notifications, location information, in-app purchases, or ability to access the web.
We may share information, including personal contact details and other information
• We share all information we obtain within our family of companies, and with our agents and service providers for providing Services to you.
• We share personal contact details (e.g., name; address; email address; phone number) for adults and teens with third parties for marketing purposes with your consent, except, as is customary with catalogue businesses, we will share mailing addresses (but not e-mail addresses) with other catalogue companies whose products and services may be of interest to you unless you opt out.
• We share information about usage and interests that we obtain through cookies and technology with advertising agents and service providers, and obtain consent if required by applicable law.
• We share any information we obtain as necessary to satisfy a legal request, protect property or personal safety, when a business is bought or sold, or as otherwise allowed or required by law.
LINKS
Mattel 163 Services may link to or use other content from the Internet, including content offered by third parties that we do not control and whose privacy and data collection practices may differ from ours. Your computer or mobile device settings may allow you to block or partially block web access, but those settings may not be effective in all cases.
OTHER IMPORTANT INFORMATION
• SECURITY
We strive to maintain the security of information but cannot guarantee that information security measures are fail-safe.
• OUR LOCATION; DATA TRANSFERS
Mattel 163’s Services and the servers that make our Services available are governed by Hong Kong law and may be located in Hong Kong or other countries that may have different privacy laws than where you live. The use of our Services is subject to the collection, transfer, processing, and use of data in accordance with this Privacy Statement.
• UPDATES
We will update this Privacy Statement from time to time by posting the updated Privacy Statement online. We will not change how we handle previously collected information without providing notice, and, as applicable, obtaining your consent.
QUESTIONS
We strive always to be transparent and clear about our policies. Please contact us via uno@mattel163.com if you have questions.