User Agreement
This User Agreement (“Agreement”) is a contract by and between you (“User” or “Player”) and Ziyi Group HK Limited (“Ziyi Group” or “We/Us/Our”), and this Agreement shall be legally binding to you.
Please make sure you fully understand all the terms and conditions of this Agreement before installing or using the Services provided by us, to protect the relevant rights of you or the minor in your guardianship to the greatest extent. If you are a minor under the age of 17 (the age of majority is defined by the applicable law in your country/region) you shall use our Services under the guidance of your guardian. If You are the guardian of the minor who has already used our Services, please contact our Minor Protection Department [juvenileprotection@ziyitech.net] if you have any confusion of our policy on minors. If you acknowledge this Agreement, you shall be deemed to have fully understood and agree to this Agreement.
Before You use the game software (“Ziyi Games”) and related services (“Ziyi Game Services” or “Services”) provided by us, please carefully read and make sure you fully understand the terms and conditions of this Agreement and the game service rules published by us (including but not limited to the age reporting rules, announcements and rules released by us in a single product or service, etc.), especially provisions that may have significant interest to you, such as exemption or reduction of Our liability, protection of personal information, account number and rights and interests, protection of minors, governing law, etc., which may be highlighted in bold/underlined form to call Your attention. If You don’t understand anything, please contact Our customer service.
If You do not agree to any of the terms of this Agreement, you shall not install or use the game software and services provided by Ziyi Group. By clicking/checking the box on the web page to agree to this Agreement and install Ziyi Games software, or by registering, starting to use and/or continuing to use the services provided by Ziyi Group, you shall be deemed to have agreed to and accepted all terms of this Agreement. You shall not thereafter raise any form of defense for not reading/agreeing to the contents of this Agreement or similar grounds.
1. Definitions
1.1 Ziyi Group: also known as “Ziyi” or “We/Us/Our”, refers to Ziyi Group HK Limited and its affiliates; Ziyi Group HK Limited and its affiliates may provide Ziyi Game Services to You through their own websites and platforms, the websites and platforms of their partners, and the websites and platforms of their licensors.
1.2 You: also known as “Player” or “User”, refer to a natural person who, through legal means provided by Ziyi Group, is authorized to use Ziyi Group games for non-commercial purposes, so as to install or use Ziyi Group game software or receive Ziyi Game Services.
1.3 Ziyi Games: refers to all games provided and/or operated by Ziyi Group, including but not limited to computer client games, web games, HTML5 games (H5 games), mobile terminal games, TV terminal games and other games that can be run and operated on different operating systems and terminal devices; Ziyi Group games may be provided in the form of software, in which case Ziyi Group games also include the relevant software and related documents, as well as the updates, upgrades, patches, expansions, etc., related to the said game products, and may also include relevant web servers, websites (including but not limited to the official websites or official social media accounts of the said game products), electronic media, printed materials or electronic documents, etc.
1.4 Ziyi Game Services: refers to the operation services provided to You by Ziyi and/or Ziyi’s authorized operators that are related to the said Ziyi Games, including Ziyi Games software.
1.5 Terminal Equipment (TE): refers to the equipment for installing or using Ziyi Games, including but not limited to mobile phones, tablets, computers, mobile smart devices, home game consoles, clients, wireless routers, operating systems and other necessary software, hardware or Internet devices.
1.6 Virtual Items: refers to a kind of service stored in the server run by the game program by electromagnetic registration, which can realize the specific function set by the game program or reflect the specific result of game program run, and can be expressed in the form of text, graphics or numbers. Virtual props are part of game services. Common Virtual Items include but are not limited to:
a) Virtual Currency: refers to a kind of virtual prop (such as diamond, etc.) designed by Ziyi Group to meet the normal entertainment needs of the Player in Ziyi Game Services, which can be obtained through legal payments and activities such as exchange of fiat currency in Your country/region, App Store coupons or others, can be used to exchange for the right to use or value-added services of all virtual props specified in the game, and is only used in a specific game and is stored in the specific game server;
b) Game equipment, such as weapons, etc.;
c) Game characters, skins and other virtual props.
1.7 Agreement: refers to the body text of the User Agreement, the full text and annexes of the Personal Information and Privacy Protection Policy, the Game Rules and the revisions of the foregoing. Once the above content is officially issued, it shall be an integral part of this Agreement and have the same legal effect as the body text of this Agreement.
1.8 Game Rules: refers to the user rules, player regulations, game announcements, tips and notices of Ziyi Games issued and revised by the supplier of Ziyi Games from time to time.
1.9 Data: refers to all data recorded by the server during Your use of Ziyi Games, including but not limited to character data, Virtual Item data, behavior log, purchase log, etc.
2. Intellectual Property Rights, Data and Ownership
2.1 Ziyi Group is the owner of the intellectual property rights of Ziyi Games and/or has obtained legal authorization from the legal owner to provide the User with Ziyi Games and Ziyi Game Services. All copyright, trademarks, patents and other intellectual property rights, ownership or other rights (including property rights and spiritual rights) of Ziyi Games (including but not limited to Ziyi Games as a whole and all of the content, parts or components involved in Ziyi Games), and all other legitimate rights and interests necessary for the operation of the said games, as well as all information related to Ziyi Games (including but not limited to text, pictures, audio, video, graphics, interface design, layout, relevant Data or electronic documents, etc.), are protected by the laws and regulations of Your country/region and the international treaties related to intellectual property rights protection. Ziyi Group is entitled to such intellectual property rights and legitimate rights and interests, except the rights that the relevant rights holders are entitled to in accordance with the laws of Your country/region. Unless prior legal authorization of Ziyi Group or relevant rights holders is obtained, the User shall not, for commercial or non-commercial purposes, modify, plagiarize, copy, disseminate, transmit, display, distribute, license, make derivative works, or sell any content, including but not limited to art, music, software code, technical information, materials, etc., except reasonable use permitted by laws and regulations (e.g., for individual learning, research or appreciation). If the User fails to comply with the above provisions of this article, Ziyi Group may, to the maximum extent permitted by law and without prejudice to the rights of other relevant parties, immediately terminate the provision of products and services to the User, and the User must destroy any such service or product content already obtained.
2.2 The text and LOGO (graphics) of “Ziyi” reflected in Ziyi Game Services and the text and LOGO (graphics) used in specific services to identify the name or source of the services (including but not limited to the name, LOGO, ICON of Ziyi Game Services, name, LOGO, ICON of Ziyi Group and Ziyi Games software developer, etc.) are trademarks or registered trademarks of Ziyi and/or its affiliates and cooperative companies in Your country/region.
2.3 If there is a platform function or service (“UGC Platform”) that allows You to produce, create or upload relevant content, You shall ensure that the content produced, created, uploaded or issued by You using UGC Platform (“UGC Content”) is legal and does not violate the legitimate rights and interests/public safety and interests of Ziyi Group and any third party, conforms to the good customs of Your country/region, and complies with the relevant rules issued by Us (“UGC Platform Rules”), and You agree that:
2.3.1 If UGC Content includes Ziyi Group related content (including but not limited to the game as a whole, all art, music, text works included in the game and other components and parts of the game, as well as the continuous motion graphics displayed by Ziyi Group) and/or other content in which Ziyi Group holds intellectual property rights, Your use of UGC Content for commercial purposes shall be subject to written authorization and consent of Ziyi Group and comply with the corresponding UGC Platform Rules.
2.3.2 With respect to UGC Content, you agree to irrevocably grant Ziyi Group the right to use UGC Content in any manner (such “Use” includes but is not limited to copy, distribution, leasing, display, performance, broadcasting, modification, adaptation, information network dissemination and other ways of use, including use for commercial and non-commercial purposes, use within and outside the game, and use within and outside UGC Platform. For ease of description, the foregoing rights to use are hereinafter referred to collectively as the “Right to Use”), and grant Ziyi Group the right to sublicense the Right to Use to third parties. You undertake that such use by Ziyi Group will not infringe on the intellectual property rights and other legitimate rights and interests of any third party.
2.3.3 With respect to UGC Content, you may only display the UGC Content on other platforms approved by Us or use the UGC Content in ways approved by Ziyi Group. Without the permission of Ziyi Group, you shall not or shall not authorize a third party to disseminate it on other platforms, or use it for any publication, commercial profit, secondary derivation or other purposes. In case of violation, Ziyi Group reserves the right of legal recourse.
2.3.4 With respect to UGC Content, you irrevocably grant [Ziyi Group HK Limited] the right to defend against any infringement of the legitimate rights and interests of UGC Content in its own name or by appointing a professional third party, including but not limited to monitoring the infringement, sending a letter of rights protection, filing a lawsuit or arbitration, mediation and reconciliation, etc. [Ziyi Group HK Limited] has the right to make decisions on and independently implement rights protection.
2.3.5 If, according to the Copyright Law and other legal provisions, You enjoy the rights of publication, authorship, modification and protection of the integrity of works and other moral rights of copyright in UGC Content, You agree that Ziyi Group may decide whether to sign Your name and the way to sign Your name according to the specific use situation or use scenario of UGC, and You will not claim the rights of publication, authorship, modification and protection of the integrity of works and other moral rights of copyright against Ziyi Group for the use of UGC Content by Ziyi Group as agreed herein.
2.4 Ziyi Game Services may involve third-party intellectual property rights. If relevant third parties have requirements for Your use of such intellectual property rights in Ziyi Game Services, Ziyi will inform You of such requirements in an appropriate manner and You shall comply with such requirements.
2.5 Ziyi Group has the ownership of any Data and information (including but not limited to account information, game Data and system-derived Data) generated by the User in the course of using Ziyi Games and Ziyi Game Services or in the course of receiving such services. Ziyi Group has the right to save, use and dispose of the game Data. Ziyi Group will comply with relevant laws, policies and international treaties on the period for saving records of the User’s purchase of the Virtual Currency for games. The period for saving other game Data shall be determined by Ziyi Group at its own discretion, but if otherwise provided by relevant laws, policies and international treaties, such provisions shall prevail.
2.6 All rights not expressly granted to You in this Agreement are reserved by Ziyi Group.
3. License grant and Limitations
3.1 Using Ziyi Game Services may require downloading and installing relevant software. You can get the software directly from the official website of Ziyi Games or from a third party authorized by Ziyi Group. If You get Ziyi Games or a game with the name the same as and/or similar to Ziyi Games from any third party that is not legally authorized by Ziyi Group, you will not be deemed to have been authorized by Ziyi Group. Ziyi Group cannot guarantee that the game can be used normally and will not be responsible for any loss caused to You thereby.
3.2 Ziyi Group may have developed different software versions for different terminal equipment or operating systems, including but not limited to Windows, iOS, Android, Windows Phone and other versions. You need to download an appropriate version for installation based on the actual situation. After downloading the installation program, you need to install it correctly according to the steps prompted by the program.
3.3 If You no longer need to use Ziyi Games software or need to install a new version, you can uninstall it by yourself. If You are willing to help Us improve Our products and services, please inform Us of the reason for uninstall.
3.4 In order to ensure the security and functional consistency of Ziyi Game Services, Ziyi Group has the right to update the software, or change or restrict some functional effects of the software. After a new version is released, older versions of the software may not be available. Ziyi Group does not guarantee that older versions of the software and the corresponding customer services will continue to be available. Please check from time to time and download the latest version.
3.5 On the premise that the User agrees to accept all terms of this Agreement, Ziyi Group agrees to grant the User the right to use Ziyi Games software and Ziyi Game Services for personal, non-commercial, non-profit, revocable, changeable, non-proprietary, non-transferable and non-sublicensable purposes. The User may only download, install, log in to and use such games/services on the terminal equipment within the granted scope, run legal copies of the game software and use the services provided by Ziyi Group in the manner specified by Ziyi Group.
3.6 The licenses granted to the User by Ziyi Group under this Agreement are for personal use. If the User needs to use Ziyi Games software and Ziyi Game Services beyond the scope of personal use or use Ziyi Games software and Ziyi Game Services for any commercial purposes, the User shall contact Ziyi Group and obtain separate written authorization from Ziyi Group before doing so. Any installation, use, access, display, operation and other commercial use without the permission of Ziyi Group shall be an infringement of Ziyi Group’s legitimate rights and interests.
3.7 Without the prior written consent of Ziyi Group, the User shall not perform the following acts for any purpose (whether for profit or non-profit), except as otherwise agreed herein:
3.7.1 Copy, rip, de-compile, disassemble, disseminate and display all or part of the programs, manuals and other textual and graphic, audio-visual materials of Ziyi Games software, or reverse engineer any function or program of Ziyi Games software;
3.7.2 Publicly display, play or videotape all or part of Ziyi Games and/or Ziyi Game Services;
3.7.3 Lease or sell Ziyi Games and/or engage in any activities for profit or non-profit purposes with Ziyi Games;
3.7.4 Modify or cover the service name, company logo, trademark (or) copyright information and other intellectual property rights statements on Ziyi Games programs, images, animations, packages and manuals;
3.7.5 Other violations of relevant laws and regulations of Your country/region and any applicable international treaties.
3.8 The User is prohibited from the following infringement of the security of network services, including but not limited to:
3.8.1 In violation of the principle of good faith in any form, directly or indirectly by organizing, abetting, stealing, occupying, using, retrieving, purchasing and reselling, infringe the rights and interests such as accounts, characters, Virtual Currency, Virtual Items and virtual props which any third party has the Right to Use;
3.8.2 Assist others to violate the rights and interests of a third party in any positive or negative form;
3.8.3 The User is prohibited from using Ziyi Game Services to engage in irrelevant activities, including but not limited to:
a) Use the network service system for any illegal purpose and not directly related to the provision of services or products by Ziyi Games, including but not limited to trading accounts/characters/Virtual Currency/virtual props/Virtual Items, advertising gambling, illegal lottery, etc.;
b) Access/attempt to access any account, computer or network related to the network services provided by Ziyi Games without the permission of Ziyi Group;
c) Collect information of any other user in any way, including but not limited to personal identity information and communication information of the user, by using the relevant network services provided by Ziyi Games without the permission of Ziyi Group;
d) Download, install or use any other network service or product developed and officially released without the authorization of Ziyi Group;
e) Receive or download any materials illegally transmitted by other Ziyi Group users;
f) Use the relevant network services provided by Ziyi Group for any activities that may adversely affect the normal operation of Internet, including but not limited to transferring in any way files containing computer viruses and destructive programs, or any other software or program that may adversely affect the normal operation of another’s computer or the Internet;
g) Use the relevant network services provided by Ziyi Group to transfer any harassing, defamatory, abusive, threatening, vulgar and obscene or any other illegal information;
h) Use the relevant network services provided by Ziyi Group to carry out any activities detrimental to Ziyi Group;
i) Use the service system of Ziyi Group to carry out any illegal activities such as money laundering, cash out of prepaid cards, purchase and sales of illegally acquired Virtual Currency;
j) With respect to the services, products and business consultation of Ziyi Group and its business partners, use the communication channels provided by the corresponding organizations to publish negative publicity materials about Ziyi Group, Ziyi Games and related services in public.
4. Registration, Use and Custody of User Accounts
4.1 The User undertakes to register Ziyi Games account or other accounts approved by Ziyi Group with its true, legal, accurate and valid identity information and other relevant information, to use Ziyi Games and Ziyi Game Services with such account (the “Account”), and not to register with others’ identity information. The User agrees that the true and accurate personal identity information provided by the User during registration shall be the only evidence to determine the connection between the User and the game Account and the User’s identity, and the identity information shall not be changed once registered. Ziyi Group has the right to examine whether the identity information provided by You during registration is true and valid, and shall actively take reasonable measures such as technology and management to ensure the security and validity of user Accounts.
4.2 Account use and custody
4.2.1 In the absence of sufficient evidence to the contrary, the Right to Use the Account belongs to the registrant. The User has the obligation to properly keep the user Account and password, and use the User’s own Account and password correctly and securely. If the User fails to perform the above obligation or the computer is infected with a virus, which causes the loss of the Account password or the theft of the Account, and damage to the User, the User shall bear the direct and indirect losses arising therefrom, including but not limited to: (i) loss caused to the User by Ziyi Group’s inability or failure to recover the stolen Account due to technical obstacles of Ziyi Group or failure of the User suffering loss by theft to provide sufficient evidence to prove that the loss of the Account password or the theft of the Account is an intentional act of others; (ii) loss caused by Ziyi Group’s failure to guarantee the safety of all items in the retrieved Account that was stolen; (iii) loss caused by the failure to retrieve the stolen Account because items in the Account have been legally obtained by other users after one or more transfers, etc. Either party failing to perform the above obligation shall bear the consequences and legal liabilities arising therefrom if loss of user Account password, theft of user Account or other circumstance results in damage to the civil rights or interests of You or others.
4.2.2 You shall have the right and assume the responsibility in accordance with the law for the activities related to the user Account held by You.
4.2.3 Once You find that Your user Account or password is illegally used or used abnormally by others, you shall promptly handle it according to the handling method published by the Account service provider and have the right to promptly notify Ziyi Group to take measures to suspend the login and use of the user Account.
4.2.4 If Ziyi Group takes measures to suspend the login and use of the user Account according to the notice of the User, Ziyi Group shall have the right to require the User to provide valid personal identity information or proof consistent with his/her registered identity information and have the right to further verify.
4.2.5 If Ziyi Group verifies that the valid personal identity information or proof provided by the User is consistent with the registered valid personal identity information, it shall take corresponding measures (including but not limited to taking measures to suspend the login and use of the user Account, etc.) according to the requirements of the User or in light of specific circumstances. If Ziyi Group takes corresponding measures according to the requirements of the User, which causes losses to the User and other users, the User shall bear the losses by himself/herself.
4.2.6 If the User fails to provide his/her valid personal identity information or proof, or the valid personal identity information or proof provided by the User is inconsistent with the registered valid personal identity information, Ziyi Group shall have the right to refuse any request from the User. Any loss caused to the User thereby shall be borne by the User.
4.2.7 After the User provides Ziyi Group with valid personal identity information consistent with the registered identity information in order to safeguard his/her legitimate rights and interests, and the information is verified and confirmed by Ziyi Group, Ziyi Group shall provide the User with necessary assistance and support in accordance with the law, such as the Account registrant certificate and the original registration information, and provide relevant evidence and information to relevant administrative organs and judicial organs as required.
4.3 You understand and agree that You shall not provide Your registered Ziyi Games Account or other accounts approved by Ziyi to a third party for use in any way, including but not limited to transfer, leasing, lending and other ways; otherwise, You shall bear all legal consequences and liabilities arising therefrom, Ziyi Group shall have the right to take one or more measures to deal with Your game Account, including but not limited to those set forth in Article 15 hereof, and You shall bear all consequences arising therefrom.
4.4 Logout of game Accounts In case Ziyi Games provides the function of logout of game Accounts, if You need to log out of a game Account, you can follow the Account logout guidelines provided by the official website for the game, and shall ensure that the relevant conditions and rules for logout of game Accounts published by the official website for the game are met. Once You log out of Your game Account, the relevant game Data under the corresponding game Account, including but not limited to Account information, personal ID information, transaction records, Account rights and interests, etc., may be deleted. Ziyi Group has the right to clear all proceeds from the game under the game Account. If there are still proceeds from the game under the game Account at that time (including but not limited to virtual props and other game value-added services generated during use of the game but not expired or used, as well as proceeds from the game that may be generated in the future), You shall be deemed to have voluntarily given up such proceeds from the game. Please be cautious when You choose the function of logout of game Accounts.
5. In-game Virtual Items
5.1 The ownership of Virtual Items for games (or “Virtual Items” for short), including but not limited to game characters, resources, props (including but are not limited to weapons, cards, pets and equipment in the game), heroes, skins and costumes, etc., belongs to Ziyi Group. The User can only use them in the game in accordance with the laws and the Game Rules.
5.2 You fully understand and agree that Ziyi Group has the right to adjust, update or optimize the game related content (including but not limited to the design, performance and relevant value setting of virtual props) in order to better provide services to You.
5.3 For all kinds of Virtual Items in the game, if there is no special label for the service period, the User can continue to use them after obtaining the Right to Use by default, until the corresponding Ziyi Game Services are terminated; if there is a special label for the service period, the service period on the special label shall prevail. If the service period is exceeded, Ziyi Group has the right to withdraw the Right to Use at any time without further notice to the User (once the counting starts, the service period shall not be interrupted, suspended or reset for any reason).
6. Pricing
6.1 The provision of game services by Ziyi Group to the User is a commercial activity. The User has the right to decide by himself/herself whether to pay the corresponding fees according to the items (including but not limited to purchasing the Right to Use in-game Virtual Items or other paid value-added services) and standards determined by Ziyi Group to receive the corresponding services. In such case, Ziyi Group will make clear instructions on the relevant pages. If the User refuses to pay such fees, he/she will not be able to use the relevant products and services.
6.2 Ziyi Group has the right to determine the methods and standards of charging for Ziyi Games and Ziyi Game Services, to determine different methods and standards of charging for Ziyi Games and Ziyi Game Services at different stages, and to adjust the methods or standards at any time when necessary.
6.3 The specific methods and standards, including but not limited to the standards of charging for Ziyi Games, and the specific standards of charging for the Right to Use Virtual Items for games and value-added services (if any), shall be posted by Ziyi Games on the App Store or other APP release channels, in-game prop mall, prop purchase interface and other game modules in the common form of network game industry.
6.4 The User has the obligation to read carefully before choosing. Once the User chooses to download the charged Ziyi Games, purchase the Right to Use relevant Virtual Items or receive relevant services, it indicates that the User has fully understood and accepted the corresponding methods and standards.
6.5 Ziyi Group has the right to set up, add and modify value-added services and issue Virtual Currency in the game as required.
6.6 Virtual Currency can be obtained through legal payments and activities such as exchange of fiat currency in Your country/region, App Store coupons or others. Once the relevant fiat currency/App Store coupon is exchanged into Virtual Currency, the fiat currency/App Store coupon shall be deemed to have been used. Virtual Currency cannot be exchanged into fiat currency/App Store coupon, but can be used to purchase the Right to Use relevant Virtual Items or receive relevant value-added services.
6.7 In the case that the User’s purchase of the Right to Use Virtual Items or receipt of other value-added services is taken as charging item, if the effective service period of the Virtual Items or the effective service period of value-added services (whether the User has actually used or enjoyed the services) is exceeded, or the number of times of effective use or service is exceeded, Ziyi Group shall have the right to take measures to cancel the User’s Right to Use the Virtual Items or stop providing value-added services.
6.8 You acknowledge and agree that if Your top-up to purchase or exchange for virtual props and other value-added services is cancelled due to refund or other reasons, Ziyi Group shall have the right to deduct the Virtual Items and other value-added services sent to Your game Account corresponding to the cancelled transaction. If the Virtual Items and other value-added services in Your game Account are insufficient for deduction, Ziyi Group may deduct in priority the insufficient part when the Virtual Items and other value-added services in Your game Account are added later.
6.9 If refunds are available in accordance with the laws and regulations of Your country/region, to protect Your rights and interests, please apply for refunds through Your download channel.
7. User’s Personal Information
7.1 Before Ziyi Group requires the User to provide information related to his/her personal identity, it shall disclose its privacy protection policy and personal information utilization policy to the User in a clear and visible way, and take necessary measures to protect the security of the User’s personal information. Without the permission of the User, Ziyi Group shall not provide, disclose or share the name, personal valid ID number, contact information, home address and other personal identity information in the User’s registration information to any third party, except that:
7.1.1 Ziyi Group is authorized by the User or the User’s guardian to disclose or use;
7.1.2 Ziyi Group is required to disclose by relevant laws;
7.1.3 Ziyi Group is required to provide by judicial organs or administrative organs based on legal procedures;
7.1.4 Ziyi Group files a lawsuit or arbitration against the User in order to safeguard its legitimate rights and interests;
7.1.5 the User’s personal identity information is provided at the legal request of the User’s guardian.
7.2 In order to protect the User’s privacy and standardize the use of the User’s personal information, Ziyi Group has formulated the Personal Information and Privacy Protection Policy. The User can click to check the specific contents of the policy.
7.3 In addition to the foregoing personal information, you agree and authorize Ziyi Group to collect other necessary information of You for security and user experience optimization, provided that Ziyi Group shall only collect and use such information for the purpose of performing this Agreement.
8. Our Rights and Obligations
8.1 Ziyi Group agrees to provide the User with Ziyi Game Services through the Internet or other forms in accordance with this Agreement.
8.2 Ziyi Group shall keep the top-up record of Virtual Currency for games for the User within the time limit stipulated by law.
8.3 In the process of using the Virtual Currency for Ziyi Games, the User has the right to ask Ziyi Group for assistance in retrieving the top-up record and transfer record of the Virtual Currency for games, and Ziyi Group has the right to require the User to provide valid personal identity documents or relevant proof consistent with his/her registered identity information in the manner required by Ziyi Group. If Ziyi Group verifies that the valid personal identity information or relevant proof provided by the User is consistent with the registered identity information, it shall provide assistance. If the User fails to provide his/her valid personal identity information or relevant proof, or the valid personal identity information provided by the User is inconsistent with the registered valid personal identity information, Ziyi Group shall have the right to refuse any request from the User. The User shall be fully liable for any loss caused to the User or other users thereby.
8.4 You understand and agree that if multiple servers are deployed for the game, in the process of game operation, in order to improve the playability and interactivity of the game and create a better game environment, Ziyi Group may timely adjust the number of servers and merge or migrate users among multiple servers temporarily or permanently to the same server (that is, “Merge”) based on the number of active users in the game servers.
8.5 In case of game Merge, Ziyi Group will notify You through in-game announcement or other means before the Merge, and will publish specific rules on Merge. Game settings, experience, lists and other user related game Data may be changed due to the Merge, but the functions of Your Virtual Items for games will not be adjusted. For details, please refer to the specific rules on Merge published on the official website for the game. If the character name, team name (if any) and other related content are the same as each other due to the Merge, the official website for the game can randomly set a new name for the same content to distinguish.
9. Rights and Obligations of You
9.1 The User shall equip himself/herself with the necessary equipment, namely TE, for installing, using and running Ziyi Games or using Ziyi Group’s game services.
9.2 The User shall bear the telecom charges and Internet fees related to the services for surfing the Internet.
9.3 The User shall comply with the provisions of this Agreement and other relevant rules and regulations, abide by the laws and regulations of his/her country or region and respect the local morals and customs. If Your behavior violates local laws, regulations or moral customs, you shall be independently responsible for it
9.4 The User shall fully understand and agree that You must be responsible for all actions under Your game Account, including but not limited to any content published by You and any consequences arising therefrom.
9.5 Except for the use of Ziyi Game Services as agreed herein, the User shall not infringe upon Ziyi Group’s intellectual property rights or rights and interests, or otherwise infringe upon the legitimate rights and interests of Ziyi Group or other third parties.
9.6 The User shall avoid involving Ziyi Group in political and public events due to the use of Ziyi Game Services; otherwise, Ziyi Group shall have the right to suspend or terminate the services provided to You. At the same time, Ziyi Group shall have the right to immediately stop providing all or part of the services for all Ziyi Group’s service Accounts registered by You, and You shall be independently responsible for it.
10. Prohibition of Misconduct
You understand and agree that, in order to protect the right of You and the vast majority of users to use Our products and services in a normal, reasonable and bona fide manner, we prohibit any misconduct that may disrupt the normal operation of the game, including that:
10.1 The User shall not use Ziyi Games, Ziyi Game Services or participate in Ziyi Games activities by improper means or other unfair means, and shall not engage in any of the following:
10.1.1 Delete information about copyright and other intellectual property rights on the game software and its copies;
10.1.2 Reverse engineer, disassemble, de-compile the game software or otherwise attempt to discover the software code (including but not limited to the source code of the software);
10.1.3 Scan, explore and test the game software to detect, discover and find possible BUG or vulnerabilities;
10.1.4 Copy, modify, add, delete, articulate and run or create any derivative works for the game software or the Data released into the memory of any terminal during the software operation, the interactive Data between the client and the server during the software operation, and the system Data necessary for the software operation, including but not limited to using plug-ins or third-party tools/services that are not legally authorized to access software and related systems;
10.1.5 Modify or forge the instructions and Data during the software operation, add, delete or change the function or operation effect of the software, or operate or disseminate the software and methods used for the above purposes to the public, whether for profit or not;
10.1.6 Use Ziyi Games and Ziyi Game Services through third-party software, plug-ins and systems not developed and authorized by Ziyi Group, or produce, publish and disseminate third-party software, plug-ins and systems not developed and authorized by Ziyi Group;
10.1.7 Use, lease, lend, copy, modify, link, reprint, compile, publish and establish mirror sites for the contents with intellectual property rights or rights and interests owned by Ziyi Group in the game;
10.1.8 Establish a mirror site related to Ziyi Group games, or take snapshots of web pages (network), or set up servers to provide others with services the same as or similar to Ziyi Group’s game services;
10.1.9 Separate any part of Ziyi Group games for separate use or other use not in accordance with this Agreement;
10.1.10 Use, modify or cover the name, trademark or other intellectual property rights of Ziyi Games;
10.1.11 Other acts not expressly authorized in writing by Ziyi Group.
10.2 The User shall not interfere with Ziyi Group’s normal provision of software and services, including but not limited to: attacking, hacking into or overloading the web server of Ziyi Group; cracking or modifying Ziyi Games software program provided by Ziyi Group; attacking or hacking into Ziyi Group’s game server/game server program or overloading the game server; manufacturing, issuing, disseminating or using any form of aids or programs that impede the fairness of the game (including but not limited to “plug-ins”, which refers to all programs independent of the game software that can affect game operation while the game is running, including but not limited to simulating user operations, changing the operating environment, modifying Data, forging equipment information, forging IP information, etc.). The User shall not: make use of the program’s vulnerabilities and bug to disrupt the normal progress of the game or spread such vulnerabilities or bug; unreasonably interfere with or hinder others from using the software and services provided by Ziyi Group; use Ziyi Group’s software in an abnormal or illegal way (including but not limited to using Ziyi Games software to log in to the private game server); use abnormal methods to log in to the game (including but not limited to logging in to the game using third-party software or systems not developed, authorized or approved by Ziyi Group), or use web accelerator and other plug-ins or robot programs to maliciously damage service facilities or disrupt the normal service order; modify, translate, annotate, sort out, compile or deduce Ziyi Group game software; take advantage of the technical defects or vulnerabilities that may exist in Ziyi Group software or online game system to make profits for himself/herself and others in various forms (including but not limited to copying the Virtual Items for games, etc.) or engage in other misconduct, etc.
10.3 The User agrees to use the monitoring Data in Ziyi Games program and the performance in the game as the basis for judging whether the User has cheated in the game by using plug-ins or not.
11. Disclaimer
You are well aware that the Internet technology itself still has some limitations, so some problems are inevitable, and You agree that:
11.1 Ziyi Game Services are provided to You “as is”, and Ziyi Group does not warrant that: Ziyi Game Services will be error-free and uninterrupted, all defects have been corrected, or Ziyi Game Services will not be compromised by viruses or any other factor; unless expressly provided by law, Ziyi Group hereby expressly disclaims any guarantees, express or implied, including but not limited to guarantees regarding the performance, suitability or non-infringement of Ziyi Game Services.
11.2 Under no circumstances shall Ziyi Group be liable for any loss suffered by You in the course of using Ziyi Game Services due to force majeure. Force majeure referred to in this Agreement includes: natural disasters, changes in laws, regulations or government mandates, and reasons specific to the characteristics of network services, such as the failure of basic telecom operators at home and abroad, technical defects related to computers, TE or the Internet, limitation of Internet coverage, virus of computer TE, hacker attacks and other factors, as well as other unforeseeable, unavoidable and insurmountable objective circumstances within the legal scope.
11.3 Ziyi Group may, at its sole discretion, change, terminate or suspend Your use of any Ziyi Game Services at any time without giving You any prior notice, except where prior notice is required according to laws and regulations or as agreed with Ziyi Group. If Ziyi Group terminates or suspends Your use of any Ziyi Game services in accordance with relevant provisions due to Your violation of laws and regulations or provisions of this Agreement, Ziyi Group shall not be liable to You and shall have the right to require You to assume corresponding liabilities.
11.4 Your Account Data such as game character, prop, equipment and currency may be anomalous due to game software bug, version update defects, third-party virus attacks or any other factors of Ziyi Games. Before the cause of Data anomaly is found out, Ziyi Group has the right to temporarily freeze the game Account; if the Data anomaly is found to be abnormal game behavior, Ziyi Group has the right to restore the game Account Data to the original state before the anomaly occurs (including but not limited to recovering the transferred Data from the third party) without any responsibility to You. Ziyi Group has the right to take one or more measures as set forth in Article 15 hereof if the Data anomaly is caused by Your illegal behavior or violation of provisions hereof.
11.5 Ziyi Group has not authorized You to obtain game Accounts, props, equipment and currency from any third party by purchasing, accepting gifts or other means. Ziyi Group is not responsible for third party transactions, and will not accept any complaints caused by disputes arising from any third party transactions.
11.6 You fully understand that: there is an objective situation that different operating systems (such as Android and Apple’s iOS) do not communicate with each other, which is not caused by Ziyi Group, and may cause the failure of Your top-up and game Data in one operating system to be successfully transferred to another operating system. You shall bear the risks such as top-up loss and game Data loss caused by your switching between different systems, and shall not require Ziyi Group to bear any responsibility.
12. Interruption, Suspension and Termination
12.1 Suspension and termination of user services
12.1.1 If the User publishes illegal information, violates social order and good customs, or violates other prohibitive provisions of law, Ziyi Group shall have the right to immediately terminate the provision of services to the User.
12.1.2 Ziyi Group shall have the right to terminate the provision of services to the User if the User commits any misconduct while receiving the services provided by Ziyi Group. The specific misconduct shall be expressly stipulated in this Agreement or shall be prohibited act expressly informed by Ziyi Group in advance that the services shall be terminated.
12.1.3 If the User provides false registered identity information or violates this Agreement, Ziyi Group shall have the right to suspend the provision of all or part of the services to the User; before Ziyi Group takes the suspension measures, it shall notify the User and provide the suspension period, which shall be determined by Ziyi Group based on the relevant circumstances (if the suspension period is otherwise provided by laws and regulations, such provisions shall prevail). Upon expiration of the suspension period, Ziyi Group shall promptly resume the services to the User.
12.1.4 Ziyi Group shall bear the burden of proof if it suspends or terminates the provision of part or all of the services to the User in accordance with Articles 12.1.1, 12.1.2 and 12.1.3.
12.2 Interruption, suspension and termination of the game server operation
12.2.1 For the normal operation of the game server, Ziyi Group shall regularly stop and maintain the game server or carry out emergency stop and maintenance in case of emergencies. Please understand the normal service interruption or suspension caused by the above situation. Ziyi Group will try its best to limit the interruption time to the shortest.
12.2.2 Ziyi Group shall have the right to terminate or interrupt all or part of the services provided by the game server under any of the following circumstances, and shall not be liable to the User or any third party for any inconvenience or damage caused thereby:
a) Regular inspection or construction and updating of software and hardware, during which Ziyi Group shall have the right to suspend the services, but shall complete maintenance and updating as soon as possible;
b) Damage to the game server, making it unable to operate normally;
c) Sudden failure of software and hardware equipment and electronic communication equipment;
d) Line or other failure of the network provider;
e) In accordance with the law or for the personal safety of the User and third parties in emergencies;
f) Third party causes or other force majeure circumstances.
12.2.3 Ziyi Group reserves the right to terminate the provision of Ziyi Group’s game services in whole or in part if it deems necessary, and such termination will be notified 60 days in advance. Regardless of the reason for termination of Ziyi Group’s game services, the User shall take corresponding measures to deal with the Virtual Items for games by himself/herself, including but not limited to the cancellation or cessation of user accounts, Virtual Items for games and other related matters. Except for the Virtual Currency for games that the User has purchased but has not yet used, the User shall not require Ziyi Group to assume any form of compensation liability for the termination of Ziyi Group’s game services, including but not limited to the compensation for no longer being able to continue the use of user accounts and Virtual Items for games.
13. Special Instructions on Combat System
13.1 Ziyi Game Services may include a combat system in which users can battle against each other freely. For such Ziyi Game Services including a combat system, once You click “Accept” and install the corresponding Ziyi Games, or register, begin to use and/or continue to use the corresponding Ziyi Games or Ziyi Game Services, you will be deemed to have agreed to all free battles in the combat system and agreed to abide by the Game Rules of free battle.
13.2 You fully understand that there may be a forced battle zone or gameplay in Ziyi Games. If You do not agree to a forced battle, please do not enter the game or game zone. By entering, you will be deemed to have agreed to the gameplay and accepted the corresponding consequences.
14. Punishment
Unless otherwise provided in this Agreement, Ziyi Group may decide to impose one or more of the following punishments on You if You violate laws, public order and good customs and provisions of this Agreement:
14.1 Warning: warning is only an education for players who violate the Game Rules. It is a way to manage the game operation normally.
14.2 Banned to post: close some or all chat channels of players who violate the rules, and forcibly suspend the online dialogue function of the players’ user Accounts, so that the players cannot talk with other players under their Accounts until the penalty expires or is cancelled;
14.3 Temporarily freeze some or all functions in the game: restrict the game characters of players who violate the rules and restrict their partial game operations until the penalty expires or is cancelled;
14.4 Permanently freeze some or all functions in the game: restrict the game characters of players who violate the rules, restrict their partial game operations, and never lift or let go of the restrictions;
14.5 Entry inhibited temporarily: user Accounts of players who violate the rules will be temporarily inhibited from logging in to one or several games provided by Ziyi Group for a certain period of time, until the penalty expires or is cancelled;
14.6 Entry inhibited permanently: user Accounts of players who violate the rules will be permanently inhibited from logging in to Ziyi Group’s game services;
14.7 Forced offline: force players who violate the rules to leave the current game and end the execution of the players’ current game program;
14.8 Disable Account: suspend or permanently stop the right of players who violate the rules to log in to Ziyi Group’s game services with their game accounts;
14.9 Destroy character: destroy characters of players who violate the rules in the game world and prevent the characters from appearing in the game world again;
14.10 Bear legal liability: if misconduct of players causes damage to others or Ziyi Group or violates the existing laws and regulations, the players who violate the rules shall bear corresponding civil, administrative or criminal liabilities according to law;
14.11 Disband organizations: disband in-game organizations established by players;
14.12 Change nickname: forcibly change the names of players’ characters or teams.
14.13 Temporarily restrict game behaviors: some or all game services under user Accounts of players who violate the rules will be restricted within a certain period of time;
14.14 Other penalties: including but not limited to confiscating improper benefits (such as Virtual Items for games obtained by players through improper ways), deducting value (including but not limited to experience), deleting community posts, blocking community accounts, suspending, interrupting or terminating services, etc.
15. Anti-harassment
Ziyi Group suggests that the Player should be responsible for his/her words and deeds, respect laws and regulations, public order and good customs, and play games in a civilized and healthy manner. If any of the following circumstances as agreed in this article occurs to the Player, he/she will be punished according to this article.
15.1 Impersonating the system: in the game, those who spread or disseminate false information to other players by impersonating the system in various ways or behaviors may be subject to one or more of the following penalties at the same time according to the circumstances: warning; banned to post; temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; entry inhibited temporarily; entry inhibited permanently.
15.2 Illegal websites: in order to keep the game world clean and harmonious, those who promote illegal websites may be subject to one or more of the following penalties at the same time according to the circumstances: warning; banned to post; temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; entry inhibited temporarily; entry inhibited permanently.
15.3 Indecent behavior: in the game, those who spread or disseminate information of indecent behavior in various ways or behaviors may be subject to one or more of the following penalties at the same time according to the circumstances: warning; banned to post; temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; force offline; entry inhibited temporarily.
15.4 Spam: those who disseminate a large amount of the same, similar phrases or meaningless content, as well as any information unrelated to the game (including but not limited to spamming, etc.), or publish or disseminate any information that is derogatory, defamatory or malicious against the game or Ziyi Group or any other untrue information may be subject to one or more of the following penalties at the same time according to the circumstances: warning; banned to post; temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; force offline; entry inhibited temporarily; entry inhibited permanently.
15.5 Division, antagonism and discrimination of region or group: in the game, those who cause division, antagonism and discrimination of any region or group through various means or channels may be subject to one or more of the following penalties at the same time according to the circumstances: warning; banned to post; temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; force offline; entry inhibited temporarily; entry inhibited permanently.
15.6 Illegal drugs or behaviors: in the game, those who have any behavior involving illegal drugs may be subject to one or more of the following penalties at the same time according to the circumstances: warning; banned to post; temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; force offline; entry inhibited temporarily; entry inhibited permanently.
15.7 Real life information and personal attack, intimidation and insult: those who have any violent behavior not directly related to the game world (including but not limited to verbal violence, such as personal attack, insult, intimidation, etc.), and disclose the game world and real life information of other players or employees of Ziyi Group may be subject to one or more of the following penalties at the same time according to the circumstances: banned to post; force offline; temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; entry inhibited temporarily; entry inhibited permanently; force offline; disable Account; delete files; bear legal liability.
15.8 Publicity or use of Trojan horse, plug-in, virus and other information: in the game, those who spread, disseminate or use Trojan horse, plug-in, virus and other information in various ways or behaviors may be subject to one or more of the following penalties at the same time according to the circumstances: banned to post; temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; entry inhibited temporarily; entry inhibited permanently; force offline; disable Account; delete files; bear legal liability.
15.9 Publicity of game leveling: in the game, those who spread or disseminate the information of game leveling in various ways or behaviors may be subject to one or more of the following penalties at the same time according to the circumstances: banned to post; temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; entry inhibited temporarily; entry inhibited permanently; force offline; disable Account; delete files.
15.10 Publicity or conduct of offline transactions: the User can only conduct transactions on Virtual Items for games in the game or through the transaction platform (if any) approved by Ziyi Group. Ziyi Group will severely crack down on and punish the User’s top-up or other transactions on any top-up platform or other transaction platforms not previously approved by Ziyi Group (including but not limited to the User’s top-up or purchase of in-game Virtual Items through third parties). Once verified, Ziyi Group shall have the right to take various measures according to the specific circumstances, including but not limited to one or more of the following: warning, deduct value, temporarily freeze or recall the Virtual Items for games, temporarily freeze some or all functions in the game, permanently freeze some or all functions in the game, force offline, disable Account, delete files and take other technical measures to prevent the User from engaging in such act. If the circumstances are serious, Ziyi Group reserves the right to pursue the legal liability of the User.
15.11 Publicity or issue of illegal information and serious violation of social order and good customs: in the game, if the Player has any speech or behavior that violates national laws and social moral civilization standards, including but not limited to publicity or participation in gambling and publicity of cults, he/she will be subject to one or more of the following penalties at the same time: warning; banned to post; force offline; temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; entry inhibited temporarily; entry inhibited permanently; delete files; bear legal liability.
15.12 Other harassment: in addition to the above situations, if the Player has other harassment cases that do not conform to laws and regulations, social ethics or Game Rules, he/she may be subject to one or more of the following penalties at the same time according to the circumstances: warning; banned to post; temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; entry inhibited temporarily; entry inhibited permanently; force offline; disable Account; delete files; bear legal liability.
15.13 Political intervention: Ziyi Group’s products and services are designed to build a politics-free game community. It is a fundamental principle of the community to oppose any political intervention in the game. Therefore, you understand and agree that all political related speech is prohibited during the use of Ziyi Group’s products and services in the game or the game community.
16. Customer Service
16.1 During the game, the Player may communicate with Customer Service for various reasons. Ziyi Group will provide official Customer Service contact information to facilitate communication between the Player and the Customer Service. If the Player encounters any problems in the game, he/she can submit the problems based on the contact information of Ziyi Group’s official Customer Service, and the Customer Service will provide fast and high-quality service to the Player.
16.2 Ziyi Group hopes that the communication between the Customer Service and the Player will be helpful to the Player, and requests the Player to follow the relevant rules. Ziyi Group will seriously deal with the following:
16.2.1 Impersonating the system or Customer Service: in the game, there may be some players impersonating the system or Customer Service. If You find it, you can report it to the Customer Service based on the contact information of Ziyi official Customer Service, and help to verify it. Once verified, Ziyi Group will take severe penalties against it;
16.2.2 Cheating or attempting to cheat the Customer Service: in the game, the Player should not try to take advantage of Ziyi Group’s trust in You to cheat or attempt to cheat the Customer Service. If found, Ziyi Group will take severe penalties against the Player. Attempts to cheat the Customer Service include but are not limited to misleading the Customer Service, refusing to provide information, providing false information and any attempt to “defraud” the Customer Service;
16.2.3 Violating or neglecting prompts made by the Customer Service: in the game, in order to ensure the common interests of most players and maintain the normal game order, the Customer Service may prompt players to perform certain operations or stop performing certain operations. Any neglect or obstruction of this work may result in the players’ characters being punished. Therefore, players should be cooperative;
16.2.4 Interfering with the Customer Service: Ziyi Group will take severe penalties against any of the following in the game:
a) Asking the Customer Service for any Virtual Items for games (including but not limited to game resources, equipment, etc.);
b) Frequently calling the Customer Service or sending requests without substantive content;
c) Repeatedly sending a request to the Customer Service for help for a problem solved or resolved.
16.2.5 Abusing or maliciously attacking the Customer Service: abuse or malicious attack on the Customer Service is not allowed in the game. If found, Ziyi Group will take severe penalties against it;
16.2.6 Disturbing the game order: threatening or inciting other players to participate in abnormal game content (including but not limited to World Channel spamming, etc.).
16.3 If the Player is found to have violated any of Article 17.2, he/she may be subject to one or more of the following penalties at the same time according to the circumstances: warning; banned to post; temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; entry inhibited temporarily; entry inhibited permanently; force offline; disable Account; destroy character; temporarily interrupt services; bear legal liability.
16.4 Password retrieval: if the password is forgotten or lost, the Player shall immediately try to retrieve the password based on the bound mobile phone number. If the retrieval fails, the Player can collect the relevant information about retrieving the password and contact the official Customer Service of Ziyi Group as soon as possible. Ziyi Group will have special staff to verify and handle it for the Player.
16.5 If the Player will log in to the game with the account of the partner approved by Ziyi Group, and the password is forgotten or lost, the Player shall immediately contact the subject providing the account registration service (namely the partner approved by Ziyi Group) for handling.
Reminder: any Customer Service and Ziyi Group’s staff will not ask the Player for account password, security code and other information in the game. Please pay attention to the identification, so as to avoid unnecessary losses.
17. Naming Rules
17.1 You understand and agree that: while characters and organizations created by players can be named by players, in order to keep the game world clean and harmonious, Ziyi Group does not allow names that refer to race/religion, state politics, state leaders, obscene/vulgar content, defamation/intimidation, religion or religious figures, staff, offensive, insulting or misleading content, illegal drugs or other violations of laws and regulations, public order and good custom.
17.2 If the aforesaid situations are found, players who violate the rules may be subject to one or more of the following penalties imposed by Ziyi Group at the same time according to the circumstances: warning; banned to post; temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; force offline; entry inhibited temporarily; entry inhibited permanently; change nickname; disband organizations.
18. Usage of Bug and Third-party Software
18.1 Game bug refers to the vulnerability or unreasonable phenomena in the game system, program and setting. You understand and agree that players are obliged to report any bug that occurs in the game to the Customer Service. Ziyi Group prohibits players from directly or indirectly using game bug and program bug to gain profits or disrupt the game order, or using bug and vulnerability to achieve personal goals. If the Player has such behavior, once verified, he/she may be subject to one or more of the following penalties at the same time: confiscate the improper benefits gained directly or indirectly by the Player using the bug to play the game; deduct value (including but not limited to experience); force offline; temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; entry inhibited temporarily; entry inhibited permanently; destroy character; bear legal liability.
18.2 Unauthorized third-party software refers to any file or program that may be used to gain an advantage in the game but is not part of the corresponding Ziyi Games software, including cheating plug-in and related ancillary plug-in (including but not limited to auto update, auto leveling, autoloot, auto task, acceleration, or other actions beyond the scope of the game). If We find the use of cheating plug-in and related ancillary plug-in, We will take severe penalties against it, including but not limited to: confiscate the improper benefits gained directly or indirectly by the Player using the third-party software to play the game; deduct value (including but not limited to experience); temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; force offline; entry inhibited temporarily; entry inhibited permanently; destroy character; bear legal liability.
18.3 Any external third-party software used in conjunction with Ziyi Games software may adversely affect the game. The main possible consequence of using external applications is poor Data transfer, resulting in frequently going offline or running slowly. External applications may expose players’ TE (including but not limited to phones and tablets) to viruses, spyware, and other unknown programs. Third-party software may also steal information stored by players on TE (including but not limited to mobile phones and tablets), such as account numbers, passwords and other personal information.
19. Theft and Theft-related Behavior
19.1 In order to ensure players’ pleasant experience of the game and protect players’ legitimate interests from infringement, Ziyi Group will severely crack down on and punish theft and theft related behavior (including but not limited to theft of user Accounts, game Data, players’ personal data, assisting the thief to operate and transfer Virtual Items for games, etc.). Once verified or required by competent authorities, Ziyi Group shall have the right to immediately take punitive measures according to the specific circumstances, such as temporarily restrict game behaviors, recall the Virtual Items for games, entry inhibited temporarily, entry inhibited permanently, disable Account, destroy character, etc. if the circumstances are serious, Ziyi Group reserves the right to pursue the legal liabilities of the players involved.
19.2 Although You do not take the initiative to participate in the theft, if the Virtual Items for games obtained by You are given, sold, transferred or distributed to You by others who get them through theft, Ziyi Group shall have the right to recall the Virtual Items for games obtained by You in order to safeguard the rights and interests of the players victimized by theft and the fair and just game order. In the process of verifying the theft, in order to quickly investigate and deal with the problem, Ziyi Group may ask relevant players to assist in the investigation, including but not limited to entry inhibited investigation, online communication, offline communication, etc.
20. Fraud
20.1 Fraud in the game refers to cheating others of Virtual Items for games or other property by making false promises, making up facts, concealing the truth, intentionally misleading others, pretending to be others, intentionally confusing others, etc., for the purpose of illegal possession. Fraud in the game includes nickname similarity fraud, impersonating friends, impersonating officials, and other forms of fraud. If the Player commits a fraud in the game, we will take various measures according to the fraud of the Player, including but not limited to one or more of the following: recall the Virtual Items for games; deduct value (including but not limited to experience); temporarily freeze some or all functions in the game; permanently freeze some or all functions in the game; force offline; entry inhibited temporarily; entry inhibited permanently.
20.2 Although You do not take the initiative to participate in the fraud, if the Virtual Items for games obtained by You are given, sold, transferred or distributed to You by others who get them through fraud, Ziyi Group shall have the right to recall the Virtual Items for games obtained by You in order to safeguard the rights and interests of the players victimized by theft and the fair and just game order.
21. Misconduct of recharging
21.1 No top-up by third parties: the User can only top up in the game or through the transaction platform (if any) approved by Ziyi Group. Ziyi Group will severely crack down on and punish the User’s top-up on any top-up platform or other transaction platforms not previously approved by Ziyi Group (including but not limited to the User’s top-up through third parties such as taobao.com). Once verified, Ziyi Group shall have the right to take various measures according to the specific circumstances, including but not limited to one or more of the following: warning, deduct value, temporarily freeze or recall the Virtual Items for games, temporarily freeze some or all functions in the game, permanently freeze some or all functions in the game, force offline, entry inhibited temporarily, entry inhibited permanently, disable Account, destroy character and take other technical measures to prevent the User from engaging in such act. If the circumstances are serious, Ziyi Group reserves the right to pursue the legal liability of the User.
21.2 No dishonest top-up: if the User has any misunderstanding, dissatisfaction, suggestion or other demands on Ziyi Group’s game services after successfully topping up for Ziyi Group’s game services and obtaining the Right to Use Virtual Items or value-added services (the “Top-up Income”), he/she may inform Ziyi Group at any time based on the contact information of Ziyi Group’s official Customer Service. If the User does not choose such method and applies for refund separately, he/she shall immediately notify Ziyi Group based on the contact information of Ziyi Group’s official Customer Service to deduct the corresponding Top-up Income; if the User still possesses the Top-up Income after the refund operation, it shall be a dishonest behavior, on which Ziyi Group will severely crack down and punish, including but not limited to one or more of the following: warning, deduct value, temporarily freeze or recall the Virtual Items for games or value-added services, temporarily freeze some or all functions in the game, permanently freeze some or all functions in the game, force offline, disable Account, destroy character and take other technical measures to prevent the User from engaging in such act. If the circumstances are serious, Ziyi Group reserves the right to pursue the legal liability (including but not limited to civil liability and criminal liability) of the User.
22. Data Anomaly
22.1 If Ziyi Group finds anomalous user Data or violation of law or other misconduct (“other misconduct” includes but it not limited to the use of bug or abnormal game methods to improve the game character Data, character ranking in the game, etc.), Ziyi Group shall have the right to investigate and take corresponding measures, including but not limited to one or more of the following at the same time:
a) Remove the Virtual Items for games;
b) Confiscate the improper benefits;
c) Recover or zero out Data;
d) Banned to post;
e) Entry inhibited temporarily
f) Entry inhibited permanently;
g) Isolate temporarily;
h) Isolate permanently;
i) Force offline;
j) Disable Account;
k) Delete Account, etc.
The User has no right to demand any liability from Ziyi Group.
23. Act of Seeking Improper Benefits
23.1 You understand and agree that We provide Ziyi Game Services to You in order to enable the User to experience the colorful game content, and not to use Ziyi Game Services to earn real-world money or seek economic benefits. The act that the User mainly trades and makes profits in the game without the purpose of experiencing the game content will destroy the fairness or balance of the in-game economic system, thus adversely affecting the game experience of other users and the game itself. Therefore, the User promises not to engage in game behavior or trade Virtual Items for profit, and any situation of engaging in game behavior or trading Virtual Items for profit will be regarded as seeking improper benefits, including but not limited to:
a) Registering multiple user Accounts and/or game character IDs for profit-making game activities;
b) Engaging in a single or series of produced gameplay in the game, and selling the acquired Virtual Items for profit;
c) Making use of the difference in value of Virtual Items of different servers to buy and sell Virtual Items in different servers for profit;
d) Acting as a game account and Virtual Items trading intermediary to collect fees and make profits;
e) Trading user Accounts or Virtual Items for profit on transaction platforms other than those provided or approved by Ziyi Group;
f) Selling the Virtual Items obtained in the game for profit without paying attention to the improvement of the character’s strength, with great difference between the character’s multiple skills, cultivation, equipment and the character’s level;
g) Organizing or participating in gambling, carrying out or participating in theft of others’ property or Virtual Items and other suspected illegal and criminal acts by using game behaviors and game contents;
h) Any other in-game profit-making act that is not for the purpose of normal game entertainment and interaction.
23.2 Ziyi Group shall have the right to take the following measures against the User seeking improper benefits at the same time: for all user Accounts involved in seeking improper benefits (including but not limited to accounts involved in receipt, transfer and sales of Virtual Items for games), deduct value, recall the Virtual Items for games, temporarily freeze some or all functions in the game, permanently freeze some or all functions in the game, force offline, isolate temporarily, isolate permanently, disable Account, destroy character and take other technical measures to prevent the User from engaging in such act. If the circumstances are serious, Ziyi Group reserves the right to pursue the legal liability of the User.
24. Indemnity
24.1 If Your violation of rules in the game causes damage to Ziyi Group or any third party, you shall bear the corresponding legal liability, and Ziyi Group shall have the right to take all reasonable actions against the damage to it, including but not limited to recall the Virtual Items for games, etc. Ziyi Group shall also have the right to recover the loss from You and require You to bear Ziyi Group’s reasonable recovery expenses.
25. Intellectual Property Rights and Licensing from You
25.1 In Ziyi Game Services, you may be required to provide content to Ziyi Games by uploading, publishing and other means. In this case, you remain entitled to the full intellectual property rights of the content. In addition, you hereby expressly agree that by providing the foregoing, you irrevocably grant Ziyi Group a worldwide, perpetual, free license to use, disseminate, copy, modify, sublicense, translate, publish, perform and display such content and to use such content to create derivative works.
26. Notices
26.1 All notices sent by Ziyi Group to the User may be sent through announcements, emails or regular phone calls, mobile phones, letters and emails on important pages of Ziyi Group’s official website, in the game, on the official website of the game or official social media accounts.
27. Alteration and Validity
27.1 Ziyi Group reserves the right to modify, add, delete and update this Agreement and give notice on the relevant pages. The User can check the latest version of this Agreement on the official page of Ziyi Group and/or the official page of Ziyi Group’s games. Please check the relevant content regularly. If the User continues to log in to the game or use the services covered by this Agreement after the terms of this Agreement are modified, the User shall be deemed to have accepted the modified agreement. If the User does not accept the modified agreement, he/she shall stop using Ziyi Game Services.
28. Jurisdiction, Applicable Law and Miscellaneous
28.1 The establishment, entry into force, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of Hong Kong (excluding applicable rule of conflict).
28.2 Any dispute between You and Ziyi Group arising out of (and/or in connection with) this Agreement shall first be settled through friendly negotiation; if the negotiation fails, any dispute, disagreement or claim arising out of or in connection with this Agreement, including the existence, validity, interpretation, performance, breach or termination of this Agreement, or any non-contractual dispute arising out of or in connection with this Agreement, shall be submitted for arbitration to an institution administered by the Hong Kong International Arbitration Centre (HKIAC) and shall be finally settled in accordance with the Institutional Arbitration Rules of the Hong Kong International Arbitration Centre in effect at the time of submission of the notice of arbitration. This arbitration clause shall be governed by the law of Hong Kong, the place of arbitration shall be Hong Kong, and the number of arbitrators shall be three (one or three). The arbitration proceedings shall be conducted in [English].
28.3 The headings of all clauses in this Agreement are for convenience only and have no actual meaning and shall not be used as the basis for the interpretation of the meaning of this Agreement.
28.4 Regardless of the partial invalidity of the provisions of this Agreement for any reason, the remaining provisions shall remain valid and binding upon the parties.
Ziyi Group
September 22, 2022