Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR DOWNLOADING ANY GAMES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE GAMES. IF YOU ARE UNDER 18, DO NOT REGISTER AND DO NOT PROVIDE ANY INFORMATION UNLESS YOU HAVE FIRST OBTAINED YOUR PARENT’S OR GUARDIAN’S PERMISSION.
Perfect World Entertainment, Inc. (“PWE”) would like to thank you for visiting our website. This document contains the terms and conditions (“Terms”) for governing your access to, and use of, the PWE Website located at www.arcgames.com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites, mobile sites and subdomains of such sites (collectively, the “Website”), any games and game platforms, clients or servers operated by PWE through the Website or otherwise supported by PWE on the Website (the “Games”), and all features, functions, software and services offered through this Website. The Website, the Games and the features, functions, software and services offered through this Website collectively constitute the “Service.”

1. Legal Agreement
1.1These Terms constitute a legal agreement (“Agreement”) between you and Perfect World Entertainment, Inc (“PWE”), a Delaware corporation.
1.2In this Agreement, the terms “we/us/our” means Perfect World Entertainment, Inc. “You/your” means you as a user of the Service.
1.3If you reside in the United States or any other country outside the European Union, then these Terms apply to you, these Terms are an agreement between you and Perfect World Entertainment, Inc., and the Service will be delivered to you by Perfect World Entertainment Inc. If you reside in a country within the European Union, these terms do not apply to you and, before using the Service or any part of the Service, you must review and agree to the Terms applicable to users in the European Union.
1.4Your using the Service shall constitute your agreement to accept and be bound by the terms and conditions appearing in these Terms, and your agreement to comply with any Rules of Conduct posted on the Website or otherwise provided to you by PWE (the “Rules of Conduct”) and any end-user license agreement (“EULA”) applicable to our Game software or other software that we may provide in connection with the Service. All user identities created on the Website are governed by these Terms. This includes, but is not limited to, proper in-game and out-of-game conduct relating to the Game.
1.5If you do not agree with any of the Terms, please do not access or otherwise use the Service.
1.6You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving the Service under the laws of the United States or any other applicable jurisdiction.
1.7You understand and agree that the Service may include service announcements and administrative messages and you may not have the right to opt out of receiving them.
1.8This Agreement is in addition to, and does not in any way replace or supplant, any EULA or any additional terms and conditions that may apply when you use or purchase certain other PWE products, services, affiliate services, third-party content or third-party software. In the event the contents of this Agreement is contrary to one or more provisions of any other specific agreement or terms or conditions, the provision(s) of the specific Agreement, terms or conditions shall prevail.
2. Changes to terms
2.1We may amend and/or modify these Terms, the Rules of Conduct, and any EULA at any time in our sole discretion.
2.2Amendments and modifications to the Terms will be published on the Website and shall be effective immediately after publishing them on the Website, or a copy of amendments or modifications will otherwise be provided to you. You waive any right you may have to receive specific notice of such changes or modifications.
2.3You are responsible for checking the Terms, the Rules of Conduct and any EULA periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use any portion of the Service, you are already signifying your acceptance of any revised or updated terms. If you do not agree to the amended terms, you must stop using the Service.

3. Description
3.1PWE provides free-to-play, multi-player online Games to registered users and related features, functions and services available through the Website, such as community forums and other interactive areas. To access our Games, you may be required to download and install certain client software, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience).
3.2You agree that we are not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. We do not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.

4. Account
4.1You may be required to create an account (an “Account”) to access our Service and to use certain features and functions of our Service.
4.2You must be 13 years of age or older to create an Account. If you are 13 or over, but are under the legal age to enter into a contract in the jurisdiction you reside in (“Legal Age”) and/or under 18 years of age, we require that you review these Terms with your parents or (legal) guardian to ensure they read and agree to them. If you are the parent or (legal) guardian of a user of our Website, Games and/or Service and you have questions about the Terms, please contact us at tos@perfectworld.com.
4.3By creating an Account or otherwise using the Service, you represent that you are of Legal Age or at least age 18 and agree to these Terms, or that you are over 13 years of age and your parents or legal guardian have read and agreed to these Terms, and you understand and agree that we are relying upon that representation in allowing you to use the Service.
4.4Notwithstanding the above, certain portions of our Service may contain mature contents not suitable for anyone younger than the Legal Age or 18 years of age. We will require that you confirm that you are of Legal Age or 18 years of age or older to access such content. If you enter any portion of the Service which is intended for or is marked for mature audiences only, you are certifying that you are of Legal Age or at least 18 years old and have the legal right to access such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.
4.5When creating an Account and a user identity (“User ID”) you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the “Account Information”) and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.
4.6You, as creator of your Account and User ID, are solely responsible for your User ID. We will not tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID, with or without notice.
4.7Your Account may only to be used by you. We are not responsible for any misuse of your Account or your User ID, you agree to accept all risks of misuse of and unauthorized access to your Account and to hold us and our affiliates harmless from and against any misuse use of your Account or your User ID, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.
4.8Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password at all times, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account, and we are not responsible for any misuse use of your account, including without limitation in the event that your password is stolen or revealed to a third party and/or used for transactions. You agree to immediately notify us of any misuse use of your Account or any other breach of security in relation to the Service known to you. We provide you with choice to change your password in order to safeguard your Account.
4.9Your Account may be terminated if you do not use your Account within twelve months after the date that it was created or for any continuous period of twelve months. If you do not use your Account for any continuous period of twelve or more months, it may be terminated by us at our sole discretion.
4.10We will endeavour to notify you by email before we terminate your Account, unless we are terminating, deactivating or deleting your Account or User ID for a violation of these Terms or discontinuation of the Service. However, we will not be liable in any manner for any failure to give notice. If you advise us within five days of the notice that you want to keep your Account active, we will not terminate it. If you do not so notify us, your Account will be terminated and may be permanently deleted, along with your User ID, records, ranks and service information.
4.11Termination of your Account also entails the termination of the license to use the Service and Proprietary Materials, or any part thereof.
4.12Please note that regardless of any notice, we reserve the right to discontinue the Service or to terminate or suspend your Account at any time in our sole discretion, for any reason, or for no reason.

5. Proprietary Rights
5.1PWE is the owner of the Website, the Games, the Software and the Service, which are protected by US and international law including copyright laws. All rights and title in and to the Website, the Game, the Software and the Service, all features and content thereof (including without limitation any user accounts, titles, computer code, files, game software, client and server software, tools, patches, updates, themes, objects, characters, character names, stories, storylines, objects, content, text, dialogue, catch phrases, themes, locations, concepts, artwork, designs, graphics, pictures, video, animation, sounds, music, musical, compositions, sound recordings, audio-visual effects, information, data, documentation, “applets”, chat transcripts, character profile information, game play, recordings, in game items, in game activities, coin and Zen) and the selection and arrangement thereof (collectively the “Proprietary Materials”) are the proprietary property of PWE or its licensors and are protected by U.S. and international copyright and other proprietary rights laws.
5.2In the event that you make any modifications, adaptations or derivative works of any kind to the Proprietary Materials (the “Modifications”), whether authorized or unauthorized, you understand and agree that you shall retain no rights of any kind in and to such Modifications and that all rights therein shall belong solely to PWE. You hereby irrevocably assign (and agree to assign) and transfer to PWE, free and clear of any restrictions or encumbrances, without any compensation beyond the consideration provided herein, any and all rights, title and interest that you may have in and to such Modifications. This assignment includes, without limitation, all worldwide copyrights and patent rights in and to such Modifications and the right to sue for past and future infringements. You hereby agree to cooperate with PWE in connection with the protection thereof and shall execute such documents (like further deed of transfer or assignment), if any, as needed by PWE to perfect its rights hereunder.
5.3Further, to the extent the assignments mentioned in paragraph 5.2 do not transfer any ownership interest in or to the Modifications, you expressly grant to PWE, us and our licensors all consents, clearances and a non-exclusive, perpetual, worldwide, complete, sub licensable and irrevocable right to make, use, sell, offer for sale, import or otherwise exploit, re-post, publish, use, quote, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, otherwise communicate, and publicly display and perform the Modifications, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, acknowledgment or compensation to you. You waive and agree not to assert any moral or similar rights you may have in the Modifications for as far as is possible by applicable mandatory law.

6. Privacy
6.1Please review our Privacy Policy and Cookie Policy, for information regarding the collection, use and distribution of personal information. The Privacy Policy is published on the following Website: Privacy Policy. The Cookie Policy is published on the following Website: Cookie Policy You understand and agree that we may collect, use and disclose information as described in the Privacy Policy and Cookie Policy.
6.2You understand and agree that we may access, disclose or preserve personal information, including the content of your communications, in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of Perfect World, our users, our employees or the public, including without limitation to protect Perfect World or our users from fraudulent, abusive, inappropriate or unlawful use of our Service.

7. Game Updates
7.1When we update or “patch” any of our Games, we may utilize a patch routine to verify whether the most recent version of the client software is installed on your computer. If not, the most recent version may automatically be uploaded to your computer, and you hereby consent to, and waive any further notice of, such upload.

8. Monitoring
8.1You understand and agree that when you communicate with other players within a game or utilize any interactive features available on the Website, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through our servers, and we may, but are not obligated to, monitor all such communications and postings, including those that are designated as “private.” You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring. For further information on how we collect and process data about you, please review our Privacy Policy.

9. Push Notification & Local Notification
9.1You understand and agree that we may, with your consent, send push notifications and local notifications to your mobile device to provide game updates and other relevant messages.

10. License
10.1Subject to these Terms and any applicable EULA, we grant to you, for your non-commercial and personal use only, a limited, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Service and the Proprietary Materials.
10.2Except as expressly permitted in these Terms or in the applicable EULA, such license does not include, and you agree not to engage in, any: (a) resale, sublicense, lending or commercial use of the Service or the Proprietary Materials therein; (b) distribution, public performance or public display of any Proprietary Materials except in connection with game play in the ordinary course, (d) modifying, adapting, altering, enhancing, or otherwise making any derivative uses of any Games, game content or other Proprietary Materials, or any portion thereof ; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Proprietary Materials or any information contained therein, except as expressly permitted on the Website; (g) reverse engineer or decompile the Proprietary Materials, or otherwise attempt to derive source code from the Games or other software included in the Proprietary Materials; (h) any use of the Services or the Proprietary Materials other than for its intended purpose.
10.3Any use of the Service or the Proprietary Materials other than as specifically authorized herein, without the prior written permission of us is strictly prohibited and will, at PWE’s option, terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to or rights in intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time with or without cause.

11. User Conduct
11.1You must observe these Terms, all Rules of Conduct, all applicable laws and all basic rules of etiquette and common courtesy when using the Service. Any conduct that violates the law in an offline, real world community is also a violation of these terms. We will not tolerate any illegal or offensive conduct.
11.2Without limiting the foregoing, in addition to the User Content rules set forth in Section 16, you agree not to take any of the following actions:
harm minors in any way;
impersonate any person or entity, including any PWE officials, forum leaders, guides, hosts, employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmitted through the Website;
upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
“stalk,” threaten or otherwise harass or cause discomfort to another;
collect, store, post or otherwise disseminate any personal data about other users;
impede or disrupt the Service or the normal flow of game play or dialogue in the Game or in Interactive Areas (defined below) in the Service or use vulgar language, abusiveness, use of excessive shouting (ALL CAPS), “spamming” or any other disruptive or detrimental methods in an attempt to disturb other users or our employees;
engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or the Rules of Conduct;
engage in any actions that defraud or attempt to defraud, scam or cheat others out of any items that have been earned through authorized game play;
cheat or utilize unauthorized exploits in connection with the Games or the Service;
using or exploiting any bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an unfair advantage over other players;
trade, sell, auction or otherwise transfer any virtual items or goods of any nature outside the game;
take any action that disrupts the Service or that negatively affects or may prohibit other users from enjoying the Website, the Games or any other aspect of the Service.
11.3We may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determination as to whether a violation has occurred and who is responsible for such act is solely within our discretion, and is based on what we deem best for the community and the Service. By using the Service, you agree you will be bound by our determination as to whether a violation has occurred and any penalty we choose to implement.

12. User Content
12.1The Service may include discussion forums, chat rooms, user feedback, messaging features, comments and other interactive areas or services (“Interactive Areas”) in which you or other users create, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on or through the Website (the “User Content”).
12.2User Content posted to the Website is publicly available and not confidential, and will become the sole property of PWE. We strongly recommend that you not publish any personal information about yourself or others.
12.3You are solely responsible for the User Content you post and for your use of the Service including Interactive Areas.
12.4You agree not to post, upload to, transmit, distribute, store, create or otherwise publish any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
viruses, corrupted data or other harmful, disruptive or destructive files;
User Content that violates the Rules of Conduct or that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose us or our users to any harm or liability of any type.
12.5We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Service including the Interactive Areas is at your own risk. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by users in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the User Content, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored at any time and for any reason without notice.
12.6You are solely responsible for creating backup copies of and replacing any User Content you post or store at your sole cost and expense. Any use of the Service including the Interactive Areas or other portions thereof in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Service or any part thereof.
12.7You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms or the Rules of Conduct and will not violate any rights of or cause injury to any person or entity. You shall be solely liable for all royalties, fees, damages and any other monies resulting from any infringement of such right or any other harm resulting from any User Content you provide.
12.8In consideration of your use of the Service and for as far as is possible and permitted by applicable mandatory law, you hereby irrevocably transfer and assign (and agree to assign) to PWE all right, title and interest in and to the User Content you create, post, store or transmit on or through the Service, including all intellectual property rights therein. If said assignment and transfer to PWE is not possible according to applicable mandatory law, you hereby agree that all rights, title and interest are assigned and transferred to PWBV. You hereby agree to cooperate with PWE and/or PWBV in connection with the protection thereof and shall execute such documents (like further deeds of transfer or assignment), if any, as needed by PWE and/or PWBV to perfect its rights hereunder.
12.9To the extent the foregoing assignments do not transfer any ownership interest in or to the User Content, you expressly grant to us and our licensors all consents, clearances and a non-exclusive, perpetual, worldwide, complete, sub licensable and irrevocable right to re-post, publish, use, quote, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, otherwise communicate, and publicly display and perform, make, use, sell, offer for sale, import or otherwise exploit the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, acknowledgment or compensation to you. You waive and agree not to assert any moral or similar rights you may have in User Content.

13. Designation of Agent to Receive Notification of Claimed Infringement of Copyright(s). DMCA Notices.
13.1If you believe that anything in the Service infringes upon any copyright which you own or control, you may file a notification of such infringement to the contact information set below:
Perfect World Entertainment Inc.
Address: Hoogoorddreef 9, (1101 BA) Amsterdam, the Netherlands
Telephone Number: +31 (0)20 - 2201 - 000
Facsimile (Fax) Number: 650-591-1211
Electronic Mail Address (Email): dmca@perfectworld.com
13.2We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

14. Repeat infringer Policy
14.1In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Service and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

15. Hyperlinks
15.1You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray us or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a PWE logo or other proprietary graphic of PWE to link to this Website without the express written permission of us. Further, you may not use, frame or utilize framing techniques to enclose any PWE trademark, logo or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Website without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of PWE or any third party.
15.2We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. Such sites are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.

16. Mobile Software
16.1Mobile Software. We make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the mobile Service. We do not warrant that the Mobile Software will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we or our third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement.
16.2Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and PWE, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to PWE as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to PWE as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, PWE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and PWE acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.

17. Third Party Content
17.1We may provide or make available third party content through the Service and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. We do not monitor or have any control over any Third Party Content on third party websites. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein and undertake no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

18. Advertisements and promotions; Third-party products and Services
18.1We may run advertisements and promotions from third parties through the Service or may otherwise provide information about or links to third-party products or services through the Service. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-PWE advertisers or third party information. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content.

19. Official Service and Beta Testing
19.1The Games are designed for play only as offered through our Service. You agree not to access, create or provide any other means through which the game may be played by others, such as through server emulators. You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or give you an advantage in the use of the Services which is not authorized by us, including but not limited to the use of ‘bots’ and/or any other method by which the Service may be played automatically without human input. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the games, except that you may use the Software to the extent expressly permitted by these Terms and the applicable EULA. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You do not have ownership of and may not sell, transfer, trade or auction any Accounts, characters, items, coin, Zen or Proprietary Materials, nor may you assist others in doing so, except as expressly authorized by us. We do not recognize any transfers occurring outside of the Service of anything related to the Service.
19.2You may be given the opportunity to Beta test new games (“Beta Games”) and Website features. Your participation as a Beta tester is subject to the terms and conditions below.
19.3You acknowledge that the you are using a preliminary, preview edition of the Websites features and the Beta Games and that you are participating in a beta test thereof (the “Beta Test”), and that the Beta Games site Website features may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other software applications, and may cause errors, data loss or other problems. Closed Beta Tests are confidential, and you agree to that all information about the Beta Games, the Services and the Beta Test, including without limitation any comments, ideas or other feedback (collectively the “Feedback”) you provide to PWE regarding the Beta Games, the Service or the Beta Test, shall be treated as confidential (the “Confidential Information”). You agree not to use the Confidential Information in any manner, except for your personal use for the sole purpose of testing the Beta Games and Website features, and you agree to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person. You further agree to take all steps reasonably necessary to protect the secrecy of the Confidential Information and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons. All Confidential Information shall remain the sole property of PWE, and PWE may use such Confidential Information for any purpose without any obligation to you. You will carry out the testing personally and not provide access to Beta Games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to us, and we are entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta Games confidential will continue until we publicly distribute, or have otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
19.4As a Beta tester, you are invited to play Beta Games for the sole purpose of evaluating the games and identifying errors. Nothing in these Terms, or on the Website or through the Service, shall be construed as granting you any rights or privileges of any kind with respect to the Beta Games or content that you find here. The Beta Games are provided for testing on an “as is,” “as available” basis and we make no warranty to you of any kind, express or implied. You understand and agree that playing Beta Games is at your own risk, that you know that the Beta Games may include known or unknown bugs, and that we have no obligations to you with respect to Beta Games, including without limitation any obligation to provide such games to you in the future at no charge.
19.5When playing some Beta Games, you may accumulate treasure, experience points, equipment, or other value or status indicators within the Beta test. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.

20. Fees
20.1We may charge fees to access and acquire certain game items or participate in game activities through the Service and may allow the purchase of in game “points” that may be applied to the purchase of in game items or activities (“Zen”). After the purchase you will directly have the right to use Zen and be able to it in the way as is stipulated..
20.2ANY APPLICABLE ZEN, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND NON REFUNDABLE. ZEN HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. ZEN AND THE RIGHT TO USE APPLICABLE ZEN ARE NON-TRANSFERABLE, IN WHOLE OR PART. THE RIGHT TO USE ZEN IS AN INTEGRAL PART OF THE LICENSE TO USE THE SERVICE AND GAME.
20.3You explicitly acknowledge and agree that the a right to use (license) Zen starts from the moment fees have been paid and that you are able from that moment to use Zen for the intended purpose. You explicitly acknowledge and agree that you lose the right to withdraw from the purchase of Zen.
20.4We may, from time to time, modify, amend, or supplement our fees, billing methods and terms applicable to Zen or to any purchases, and post those changes in these Terms, in separate Terms of Sale or in other terms or agreements posted on the Website or Service or otherwise provided to you by us. Such modifications, amendments, supplements or Terms of Sale shall be effective immediately upon posting on the Website or Service and shall be incorporated by reference into these Terms. If any change is unacceptable to you, you may terminate your account at any time.
20.5If you claim a chargeback for any reason, we have the right to investigate and dispute such chargeback. If we believe that your chargeback requirement is spurious, unreasonable, or invalid, we may take the dispute to court. If your chargeback is deemed invalid in court, you agree to pay for all fees and costs resulting from the disputed chargeback, including but not limited to legal fees and expenses, damages, monies lost due to non-operation, and chargeback fees, or if applicable mandatory law dictates otherwise, to the maximum amount permitted.
20.6You may pay for any applicable fees and charges or for Zen by major credit card, PayPal® or other such methods authorized by us.
20.7We are not liable for “hacking” or lost of your virtual goods from your account, however, we may, in our sole discretion, reimburse virtual goods or Zen upon proof that such loss was not due to your inappropriate use. We may limit the quantity of any item or refuse to provide you with any virtual good. Verification of certain information applicable to a transaction may be required prior to our acceptance of your payment. Price and availability of virtual goods are subject to change with no notice. We have no liability with respect to virtual goods or Zen that is gifted to you or provided as an incentive.

21. Interruption of Service
21.1We reserve the right to interrupt the Service or any part thereof from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that we will not be liable for any interruption of the Service or any part thereof, delay or failure to perform resulting from any causes whatsoever.
21.2You acknowledge that the Service or any part thereof may be interrupted for reasons beyond our control, and we cannot guarantee that you will be able to access the Service whenever you may wish to do so. We shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
21.3We have the right at any time with or without reason to change and/or eliminate any aspect(s) of the Service as we see fit in our sole discretion.
21.4We are not obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Service by reason of any of the circumstances described in paragraphs 21.1, 21.2.

22. Disciplinary Action / Account & Service Termination
22.1FOR ANY REASON WE MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY ACCOUNT OR PART THEREOF, BY GIVING YOU NOTICE OF SUCH WITHIN THE TIME PERIOD SPECIFIED WHEN YOU CREATED AN ACCOUNT OR JOINED A SERVICE, OR IF NO SUCH TIME PERIOD WAS SPECIFIED, THEN WITHIN THIRTY (30) DAYS OF THE DATE SUCH NOTICE IS PROVIDED TO YOU BY EMAIL OR IS POSTED ON THE WEBSITE OR INTERACTIVE AREA BY US.
22.2For user violations we may at our option issue warnings and temporary suspensions and permanent terminations of Accounts. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under our absolute discretion.
22.3For the avoidance of doubt, you hereby acknowledge that we have the sole discretion with respect to termination of your Account, even if there are credits remaining on your Account. The termination of your Account entails the termination of the license to use the Service or any part thereof (see section 8).
22.4You have the right to terminate your Account at any time by delivering notice to us. You understand and agree that, unless applicable mandatory law dictates otherwise, the termination of your Account is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or our enforcement or application of this Agreement; (ii) the User Contents; (iii) your ability to access and/or use the Service or the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
22.5You may terminate your Account by delivering notice to us. We reserve the right to collect accrued fees and charges and costs incurred by us before your termination. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your termination.
22.6In the event your Account is terminated for any reason, or for no reason, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account. Any delinquent or unpaid accounts or accounts with unresolved disputes must be settled before we may allow you to register again.
22.7If you feel you have been unfairly warned or disciplined, please contact us with a full detailed explanation.

23. Indemnification
23.1You agree to defend, indemnify and hold harmless PWE, its independent contractors, service providers and consultants, and their respective directors, employees, agents, partners, affiliates, and subsidiaries, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website, your conduct, your violations of these Terms, any misuse of the Service, or your violation of the rights of any third party.

24. Acknowledgements
24.1You hereby acknowledge and agree that:
WHEN USING THE SERVICES, THE SOFTWARE MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY “ADD-ON” OR “MOD,” THAT IN PWE’S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE SOFTWARE INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY PWE; OR (iii) INTERCEPTS, “MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SOFTWARE. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, IT MAY COMMUNICATE INFORMATION BACK TO PWE, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR AND PERFECT WORLD ENTERTAINMENT MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS SECTION OF THE AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
PWE MAY MONITOR OR RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME OR THE SERVICE AND YOU CONSENT TO SUCH MONITORING OR RECORDING.
We do not guarantee the completeness, accuracy or correctness of any information passed between players.. We do not guarantee the safe keeping of information that is passed between players. You acknowledge that said information passed between users is ‘as is’ and that you will use such information only for your own risk.
You acknowledge that in using the Service and/or Games, you may lose in-game features and/or items. You may not hold PWE responsible for any in-game feature or item loss. We do not guarantee the availability of any in-game items, any Service or any levels to players

25. Disclaimer of Warranties
25.1YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SERVICE, THE GAMES, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PWE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, THE GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, PWE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE GAMES, THE WEBSITE OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. PWE ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAMES, THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES, BUGS, ERRORS OR OTHER HARMFUL COMPONENTS OR DEFECTS, TRANSMIT DATA IN A SECURE MANNER, OR FUNCTION PROPERLY WITH THE SERVICE.
PWE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT

THE SERVICE WILL MEET YOUR REQUIREMENTS;
THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
WHILE PWE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, PWE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE OR THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY PWBV.

26. Dispute Resolution
26.1Before filing a claim against PWE, you agree to try to resolve the dispute informally by sending a notice of dispute via email to legal@perfectworld.com with the subject line of “Attn: Legal”.
26.2The notice must include your name, mailing address, and phone number (if any), and must describe the nature and basis of the claim or dispute, as well as set forth the specific relief sought. If a dispute is not resolved within 60 days of after we receive your notice, either you or we may bring a formal arbitration proceeding in accordance with the JAMS International Arbitration Rules (“JAMS”).

27. Agreement to Arbitrate
27.1Arbitration. Please read the following sections carefully, as they affect your rights. You and PWE agree to resolve any claims relating to these Terms or the Service through final and binding arbitration. This agreement to arbitrate is intended to be broadly interpreted, and includes claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. You acknowledge that these Terms evidence a transaction involving interstate commerce, and thus the United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in these Terms.
27.2Opting-Out of Arbitration. YOU MAY OPT-OUT OF THE AGREEMENT TO ARBITRATE BY PROVIDING PWE WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS. YOUR NOTICE MUST INCLUDE: (I) YOUR FULL NAME (FIRST AND LAST); (II) THE EMAIL ADDRESS YOU USED TO REGISTER YOUR ACCOUNT; AND (III) A CLEAR STATEMENT THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE. EMAIL YOUR OPT-OUT NOTICE VIA EMAIL TO: legal@perfectworld.com

WITH THE SUBJECT LINE: “Attn: Legal”
27.3Costs of Arbitration. PWE will pay all JAMS filing, administration, and arbitrator fees for any arbitration we initiate. You will pay the fees for any arbitration you initiate, in accordance with the JAMS Rules. However, if you initiate an arbitration after attempting to informally resolve a dispute in accordance with these Terms, and are seeking relief valued at $300 or less (both to you and us), PWE will pay all JAMS filing, administration, and arbitrator fees. If your claim is for greater than $300 but less than $10,000, PWE will pay all such fees in excess of $20. After PWE receives notice at the email address above that you have commenced such an arbitration, PWE shall promptly reimburse you for any portion of the filing fee you have paid that PWE has agreed to pay.
27.4Frivolous Claims. If the arbitrator determines that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)), then the payment of all JAMS filing, administration, and arbitrator fees shall be governed by the JAMS Rules and you agree to reimburse us for any amount we have paid on your behalf to the JAMS. PWE shall not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
27.5Arbitration Procedures. You agree that one arbitrator from the JAMS will arbitrate the dispute under the JAMS International Arbitration Rules, as modified by this arbitration provision. The award of the arbitrator shall be accompanied by a reasoned opinion. The arbitration will be held in the United States county where you live or work, or any other location that we mutually agree to.
27.6No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You may not bring a claim as part of a class arbitration, class action, private attorney general action, or consolidation with other arbitrations.
27.7Judicial Forum. In the event that this agreement to arbitrate is found not to apply to you or your claim, you and PWE agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Mateo County, California. Both you and PWE consent to venue and personal jurisdiction there, and waive any objection as to inconvenient forum.
27.8Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or your use of the Service must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
27.9Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you agree that if PWE makes any future change to this arbitration provision (other than a change to the notice email address above, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.

28. Limitation of Liability
28.1IN NO EVENT SHALL WE, PWE, ITS DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE GAMES OR ANY OF THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US OR PWE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PWE’S RECORDS, PROGRAMS OR SERVICES.
28.2IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PWE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, THE WEBSITE OR ANY OF THE GAMES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PWE FOR ACCESS TO OR USE THEREOF.
28.3Some member states in the EU do not allow the foregoing limitations of liability by (mandatory) law, so they may not apply to you. In such case you explicitly agree that our (or any such other released parties) liability to you shall be limited to the maximum extent permitted by applicable mandatory law. You agree that we cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service.

29. General
29.1Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
29.2Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, or the Games or any other software provided by us, and any attempt to the contrary is void.
29.3If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
29.4The section headings used herein are for reference only and shall not be read to have any legal effect.
30. Remedies
You agree that your obligations and representations, and the license limitations, stated herein, are necessary and reasonable in order to protect PWE, its business, and its licensors, and you expressly agree that monetary damages would be inadequate to compensate PWE fully for any breach of this Agreement, or for any misrepresentation made by you above. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable injury to PWE and that, in addition to any other remedies that may be available, in law, in equity or otherwise, PWE shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, or the continuation of any such breach by you, or to remedy any misrepresentation made by you, without the necessity of proving the inadequacy of any legal remedy or monetary damages, and without the need to post any bond.

31. Independent Contractors
You acknowledge that you are not considered, and shall not present yourself as, an agent, employee, joint venturer, or partner of PWE (or any of its respective affiliates, publishing partners, licensors or licensees). Each party to this Agreement is an independent contractor with respect to the other, and nothing in this Agreement will be deemed to place the parties in the relationship of employer-employee, principal-agent, partners or joint venturers.

32. U.S. Export Controls
You acknowledge and agree that Games and other software provided through the Website or Service are subject to restrictions and controls imposed by the United States Export Administration Act (the “Act”) and the regulations promulgated thereunder. You agree and certify that neither the Games nor any other software provided through the Website or Service, nor any direct product thereof is being or will be acquired, shipped, transferred or reexported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purpose prohibited by the same. You agree that you will comply with all applicable law in with regard to your possession, use and operation of the Games and other software provided through the Website or Service.

33. Closing
Thank you again for visiting us. We hope you enjoy your stay and take full advantage of the online community we are developing. Please remember that you are a guest and act with the same courtesy and respect you expect from other guests. We always reserve the right to refuse or terminate Service.

Last updated: December 31, 2019.


Privacy Policy
PLEASE READ THIS PRIVACY POLICY CAREFULLY. IT DESCRIBES DETAILS ABOUT HOW WE COLLECT, USE AND DISCLOSE PERSONAL INFORMATION. IF YOU ARE UNDER 18, DO NOT PROVIDE ANY INFORMATION UNLESS YOU HAVE FIRST OBTAINED YOUR PARENT’S OR GUARDIAN’S PERMISSION.
Thank you for reading our Privacy Policy and visiting our website www.arcgames.com and www.perfectworld.com. Perfect World Entertainment Inc. (“Perfect World,” “we,” “us”) uses and maintains this Privacy Policy (“Policy”) that summarizes when and how your personal information is collected, used, safeguarded and disclosed in connection with your use of the www.arcgames.com and www.perfectworld.com, any other website operated by Perfect World, and any micro-site, mobile site or subdomains of such sites (collectively, the “Website”), any games, mobile games and game platforms, clients or servers operated by Perfect World through the Website (the “Games”), and all features, functions, software and services offered through the Website. The Website, the Games and the features, functions, software and services offered through the Website collectively constitute the “Service.” It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. We reserve the right to change the provisions of this Policy at any time. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Privacy Shield
Perfect World (and its partner studios, Cryptic Studios, Inc. and Echtra Games, Inc.) participates in and has certified its compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Framework. Perfect World is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov/list]
Perfect World is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Perfect World complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, the U.S. Federal Trade Commission has jurisdiction over Perfect World’s compliance with the Privacy Shield. In certain situations, Perfect World may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Perfect World commits to cooperate with EU Data Protection Authorities (DPAs), and will comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.
With respect to Privacy Shield only, any dispute, controversy or claim arising out of or relating to this contract will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of a sole arbitrator. The place of arbitration will be San Mateo County, California, United States. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. More information about JAMS and the applicable rules is available at https://www.jamsadr.com/international-arbitration-rules. For any other dispute, controversy or claim arising out of or relating to this contract, the Service, or Perfect World, the terms of our Terms of Service, including dispute resolution mechanisms, shall apply.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
In compliance with the EU–U.S. and Swiss–U.S. Privacy Shield Principles, Perfect World commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact Perfect World at:
Perfect World Entertainment Inc.
Attn: Legal Department PWE Privacy Shield
100 Redwood Shores Parkway, 4th Floor
Redwood City, CA 94065
What is personal information?
As used herein, the term “personal information” means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, email address, or other account number), and information about that individual’s location or activities, such as information about his or her use of the Service, IP addresses or mobile device identifiers, when directly linked to personally identifiable information. Personal information also includes demographic information such as date of birth, gender, geographic area and preferences when such information is linked to other personal information that identifies you. Personal information does not include “aggregate” information, which is data we collect about the use of the Service or about a group or category of products, services or users, from which individual identities or other personal information has been removed. Aggregate data helps us understand trends and our users’ needs so that we can better consider new features or otherwise tailor our Service. This policy in no way restricts or limits our collection and use of aggregate information.
What personal information do we collect?
Active Collection
Personal information may be collected in a number of ways when you visit or use our Service. For example, we may collect your name, address, email address, user name and other contact and demographic information when you register and set up an account, apply for a job, or contact us by email or other means for any reason. When you make a purchase, we may also collect your credit card or other payment or billing information. Personal and demographic information may also be collected if you provide such information in connection with creating a profile or group, leaving comments, posting content, sending an email or message to another user or participating in any interactive chat rooms, forums, social media platform or other features on the Website or Service, or when you use our Games. In addition, from time to time we may collect demographic, contact or other personal information you provide in connection with your voluntary participation in surveys, sweepstakes, contests, games, promotional offers, and other activities. You can access certain portions of our Service without providing us with any personal information. However, you will not be able to utilize certain features that require registration or receive materials unless certain information is provided. From time to time we may change the information requested upon registration or with respect to certain features or services, so this may not be a complete list.

From time to time we post customer testimonials/comments/reviews on the Service which may contain personally identifiable information. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial. If you wish to update or delete your testimonial, you can contact us at privacy@perfectworld.com.
Facebook Connect
You can log in to our Service using Facebook’s sign-in service (“Facebook Connect”). This service will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. We may also collect other information from Facebook, including, but not limited to, the user ID associated with your account, an access token necessary to access that service, any information that you have permitted Facebook to share with us, and any information you have made public on Facebook. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join our Service. You should always review, and if necessary, adjust your privacy settings on Facebook before linking or connecting them to our Website or Service. You may also unlink your Facebook account from the Service by adjusting your Facebook settings. You may also have the option to post information about your activities on this Service to your Facebook profile page to share with others within your network.
Log Files
When you use the Service, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser or mobile device type and language, access times, the address of a referring website, and your activity on the Service. We also use website analytics tools on our Service to retrieve information from your browser or mobile device, including the site you came from, the search engine(s) and the keywords you used to find our site, the pages you view within the Service, your browser add-ons, and your browser’s width and height and other information that assists us in improving the Service. We also deliver advertisements and provide website analytics tools on non-Perfect World sites and services, and we collect information about page views on these third party sites as well. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only.
Cookies and Tracking Technologies
By using the Service you agree that we may automatically collect certain information through the use of “cookies” or other similar tracking technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. We use cookies to gather general information about your use of the Service, the configuration of your computer and your computer’s or device’s interaction with the Service, and store this information in log files . We use this information to understand traffic on and the use of our Service, enabling us to improve the Service, provide the best online experience possible, and improve our customer service. Our third party services also use cookies as described above. Users can control the use of cookies at the individual browser level. Cookies are small data files that are stored on a user’s hard drive at the request of a Website or the Service to enable the Website or the Service to recognize users who have previously visited them and retain certain information such as customer preferences and history. If we combine cookies with or link them to any of the personally identifying information, we would treat this information as personal information. Clear gifs (also known as web bugs or web beacons) are small, invisible graphic images that may be used on the Website or Service or in emails relating to the Website or Service to collect certain information and monitor user activity on the Website or Service. When you receive email from us, we may use web beacons, customized links or similar technologies to determine whether the email has been opened and which links you click in order to provide you more focused email communications or other information. If you wish to block, erase, or be warned of cookies, please refer to your browser or mobile device’s instructions or help screen to learn about these functions. You may not be able to delete or disable cookies on certain mobile devices and/or certain browsers. Remember, if a browser or mobile device is set not to accept cookies or if a user rejects a cookie, some portions of the Website or Service may not function properly. For example, you may not be able to sign in and may not be able to access certain Website or Service features or services. You may find out more specific information about our use of cookies and web beacons at our Cookie Policy. You can find out more information about how to change your browser cookie settings at www.allaboutcookies.org. To manage Flash cookies, please click here.
We may also use third parties to serve ads on our Service. These third parties may place cookies, clear gifs or other devices on your computer to collect information, and information provided by these devices may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Service and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, cookies in third party ads or for compliance with such third parties’ privacy policies or data collection practices. The advertising industries in EU have developed schemes to help you opt-out of receiving cookies used for these purposes. You can find out more about the EU scheme from www.youronlinechoices.eu. If you would like more information about cookies and targeted advertisements or to opt out of having this information used by companies that are part of the Network Advertising Initiative, please visit www.networkadvertising.org/choices. Please note this does not opt you out of being served advertising. You will continue to receive generic ads. Please note that we have no access or control of any third party tracking technologies.
Device Identifiers
When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may use, access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by us. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
User Identifiers
When you access the Service, we use, access, collect, monitor and/or remotely store one or more “user identifiers.” User identifiers are small data files or similar data structure assigned to a user that will be used to enable you to continue in-game progress, use games across multiple platforms and help associate your identity across multiple platforms. A user identifier may convey information to us about how you browse and use the Service. A user identifier may remain persistently on your device or computer, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of user identifiers is impaired or disabled.
Location Data
When you access the Service by or through a mobile device, we may use, access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
Data Collected To Prevent Cheating And Unauthorized Software
When you run our Game software, this may involve software functions designed to detect cheating or unauthorized and malicious programs. In this context, we may access, collect, monitor and/or remotely store screenshots of game play, information relating to hardware capacity, modifications related to our Game software, signatures, profiles or names of known unauthorized or malicious third party programs, files or processes that enable or facilitate cheating, unfair advantage or hacking of the Games or Service. If unauthorized or malicious programs are detected, the Game software may also communicate to us the users account and User ID and information about the unauthorized or malicious program or its use.
How do we use personal information?
In general, we use personal information we collect to process your requests or transactions, to provide you with information or services you request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to facilitate your use of, and our administration and operation of, the Service, to better understand the needs of our visitors, and for the purpose for which the information was provided. For example, we may use the information we collect:
• to send you a welcoming email and to contact you about your use of the Service;
• to provide the services, products or information you request and to process any transactions in connection therewith;
• to permit you to interact with other members of the Service on our forum, chat, social media or other similar features;
• to provide technical support, customer service and ensure the continued smooth operation of our service;
• for recruitment purposes, and if you are offered a job or become employed by us, for other employment-related purposes;
• to respond to your emails, submissions, comments, requests or complaints;
• to analyze user characteristics and usage patterns in order to better understand how our products and service are used and market them more effectively;
• to improve the content, products, services, and features of the Service, including personalizing content and experiences and advertising to you;
• to display content and advertising that are customized to your interests and preferences;
• to send you newsletters, surveys, contest and sweepstakes announcements and to notify contest and sweepstakes winners;
• to request feedback, perform research and analysis and to enable us to operate, develop, customize and improve the Service and our publications, products and services;
• to contact you about our or a third party’s services, products, activities, promotions, special events or offers and for other marketing, informational, product development and promotional purposes;
• to prevent or investigate actual or suspected fraud, hacking, infringement, or other misconduct involving the Service or any of our products and services;

In order to offer you more consistent and personalized experience in your interactions with us, information collected through one offering or portion of the Service may be combined with information obtained through other offerings or portions of the Service. We may also supplement the information we collect with information obtained from other companies. For example, we may use services from other companies that enable us to derive a general geographic area based on IP address in order to customize certain services to your geographic area.
If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
Do we share personal information?
We will share your personal information with third parties only in the ways that are described in this Policy. We generally do not disclose, sell or trade any personal information about our visitors and users to any third parties.
We may share personal information with vendors, consultants and other service providers (“Service Providers”) such as our credit card processor and our Live Chat vendor who are engaged by or working with us in connection with the operation of the Service and who need access to such information to carry out their work for us. We provide access to the information they may need to perform our services under reasonable confidentiality terms. In some cases, the Service Provider may be directly collecting the information from you on our behalf. We inform Service Providers that they are not permitted to use personal information they obtain from us other than to provide the services for us. However, we are not responsible for any additional information you provide directly to these Service Providers and we encourage you to become familiar with their practices before disclosing any personal information directly to such Service Providers.
We may share your information with third party partners or allow such third party partners to collect information from you directly in order to provide services to us, including serving you contextual or targeted advertisements, provide offers, surveys or marketing messages or providing analytic services.

From time to time, we may also share personal information with third parties when you give us your consent to do so. For example, we may enter into relationships with other parties to make specific services or offers available directly to our users. If a user opts in to these third party services or marketing offers, for example by clicking through to a third party link, we may share the personal information you provide at the time of sign-up or such other personal information, such as your name or other contact information, that we deem reasonably necessary or appropriate for our business partner to provide these services or offers or get in contact with you. If you no longer want us to share your personal information with these companies, contact us at privacy@perfectworld.com.
We may share information with companies in the same group of companies as Perfect World, which includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy.
We may access, disclose or preserve personal information, including the content of your communications, in the good faith belief that we are lawfully authorized by public authorities or required to do so, including to meet national security or law enforcement requirements or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of Perfect World, our users, our employees or the public, including without limitation to protect Perfect World or our users from fraudulent, abusive, inappropriate or unlawful use of our Service. Information we collect, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale, divestiture, or transfer of all or a portion of the company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of Perfect World. You will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information. We may also disclose your personal information to any other third party with your prior consent.
You understand that when you use the community features of our Service, information you post in public or private groups, forums, and other interactive areas of the Service, as well as any information you share with individuals through the Service, will be available to other users and in some cases (such as when you post to a public area of the Service) may be publicly available.
We recommend you be cautious in giving out personal information to others or sharing such information in public or private online forums. We are not responsible for the actions of any third parties with whom you share personal information. To request removal of your personal information from our community forums or other public areas, contact us at privacy@perfectworld.com. Even if you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Please note that nothing herein restricts the sharing of aggregate information, which may be shared with third parties without your consent.
International Transfer
In order to be able to also use your account on our Website and in our Service and to be able to choose a server located in the United States or in Europe for gaming, the information relating to your account and use of our games is transferred between Perfect World Entertainment, Inc. located in the United States and Perfect World Publishing BV located in The Netherlands.
Links to third party sites
Our Service contains links to other websites. Third party social media sites may log information about you, for example, if you click an “Add This” or “Like” button for a social media site while on our Website or Service. We do not control such sites or their activities. Any personal information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. We are not responsible for the content or privacy and security practices and policies of websites to which we link. Links from our Service to third parties or to other sites are provided for your convenience only. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.
Game Updates
When we update or “patch” any of our games or other software, we may utilize a patch routine to verify whether the most recent version is installed on your computer. If not, the most recent version may automatically be uploaded to your computer, and you hereby consent to, and waive any further notice of, such upload. You understand and agree that when you download a game, in order to be able to use the game the Software may monitor and communicate information from your computer relating to hardware capacity.
Push Notifications and Local Notifications
We may, with your consent, send push notifications to your mobile device to provide game updates and other relevant messages. You can manage push notifications from your mobile device’s settings page for the relevant game and/or from the settings page within the relevant mobile game. We may also send local notifications to your mobile device to provide game updates and other relevant information. You can manage local notifications from your mobile device’s settings page for the relevant game and/or from the settings page within the relevant mobile game.
Monitoring
You understand and agree that when you communicate with other players within a game or utilize any interactive features available on the Service, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through our servers, and we may, but are not obligated to, monitor all such communications and postings, including those that are designated as “private,” to the degree that laws and regulations enable us to do this. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
What steps do we take to protect personal information online?
Perfect World endeavors to take reasonable precaution to safeguard and secure the personal information we collect through the Service. We have put in place physical, electronic, and managerial procedures that are designed to prevent unauthorized access, loss, or misuse. For example, Perfect World uses SSL (secured socket layer) technology to encrypt your transmission of sensitive information to us, such as account passwords, credit card numbers and other payment-related identifiable information).

In addition, we restrict internal access to personal information to employees who need the information to perform their duties. The unauthorized access or use of such information by an employee is prohibited and constitutes grounds for disciplinary action. Additionally, our information management systems are configured in such a way as to block or inhibit employees from accessing information that they have no authority to access. You should note that our Service Providers may be responsible for processing, handling or storing some of the personal information that we receive. They are not authorized to market to you independently. These Service Providers are contractually required to safeguard and secure the personal information they received from us. Although we strive to protect your personal information, you should be aware, however, that information sent over the Internet is not necessarily secure and may be intercepted or accessed by third parties. Therefore, we cannot guarantee the security of such information, and we are not responsible or liable for any such interception.
What choices do you have regarding the use of your personal information?
Perfect World gives you certain options to control the collection, use, and disclosure of your personal information. We will ask for your consent before sharing your personal information with third parties in ways not covered by this Policy (including any use for direct marketing purposes).
When you create a Perfect World account, you can manage the Privacy Settings of your profile. Please visit "My Account" section on the Website to change the Privacy Settings of your profile.
Perfect World may send you a welcome email, service and account related emails and may send you marketing and promotional email about our products and services. If you do not want Perfect World to send you marketing and promotional emails about our products and services, you can opt-out by following the unsubscribe instructions included in each promotional email. You may also manage email newsletters and updates in the "My Account" section on the Website. However, this shall not affect our ability to send you service and account related emails or to use your personal information as otherwise described in this Policy.
Perfect World may send you marketing and promotional postal mail about our products and services. If you would like to have your name, resume or any other personal information removed from our mailing list or our systems, you can do so by emailing privacy@perfectworld.com.
Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of browser or mobile device, it may not be possible to delete or disable tracking mechanisms. Note that disabling cookies and/or other tracking tools prevents us and our business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Service. If you would like more information about cookies and targeted advertisements or to opt out of having this information used by companies that are part of the Network Advertising Initiative, please visit www.networkadvertising.org/choices.
Children’s Privacy
Persons under the age of 13 are not eligible to use our Service. The Services are not directed to persons under 13. If we discover that we have inadvertently collected information from children under 13, we will delete the child’s information from our systems as soon as possible. If you become aware that personal information about a person under 13 has been provided to us, please immediately contact us using the details below. If you are under 18, you may not provide us with any information without previously obtaining consent from your parent or guardian.
Rights of California Residents
Scope of this Privacy Notice
This privacy notice describes the personal information we collect or process about California residents in connection with the Service, how we use, share, and protect that personal information, and what your rights are concerning personal information that we collect or process.
In this privacy notice, “personal information” has the same meaning as under the California Consumer Privacy Act (CCPA), California Civil Code Section 1798.83: information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include information that has been de-identified or aggregated.
Personal Information We Collect and Share, and For What Purpose
In the past 12 months, we have collected and shared personal information from visitors in the following circumstances when they interact with the Service, as described in detail above:
• Active Collection
• Facebook Connect
• Log Files
• Cookies and Tracking Technologies
• Device Identifiers
• User Identifiers
• Location Data
As described in detail above, we use your personal information for a variety of purposes to operate, assess activity on, and improve the performance of the Service.
Except as described in detail above, we will not share with third parties information about you without your consent.
Your Rights as a California Resident
Under California law, users who are California residents have specific rights regarding their personal information. These rights are subject to certain exceptions described below. When required, we will respond to most requests within 45 days unless it is reasonably necessary to extend the response time.
Right to Disclosure of Information
You have the right to request that we disclose certain information regarding our practices with respect to personal information. If you submit a valid and verifiable request and we confirm your identity and/or authority to make the request, we will disclose to you any of the following at your direction:
• The categories of personal information we have collected about you in the last 12 months.
• The categories of sources for the personal information we have collected about you in the last 12 months.
• Our business or commercial purpose for collecting that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you.
• If we disclosed your personal information to a third party for a business purpose, a list of the personal information types that each category of recipient received.
Right to Delete Personal Information
You have the right to request that we delete any of your personal information collected from you and retained, subject to certain exceptions. Upon receiving a verified request to delete your personal information, we will do so unless otherwise authorized by law.
How to Exercise these Rights
You may submit a verifiable consumer request to us for disclosure or deletion of personal information by clicking here
We will respond to verifiable requests for disclosure or deletion of personal information free of charge, within 10 days of receipt.
In order to protect your privacy and the security of your information, we verify consumer requests by matching personal information that you provide with information in our possession, in order to confirm your identity. Any additional information you provide will be used only to verify your identity and not for any other purpose.
You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney under Probate Code sections 4000-4465 may submit a request on your behalf.
Right to Opt Out of Sales of Your Personal Information
You have a right to opt-out of the sale of your personal information. You may, at any time, direct businesses that sell your personal information to third parties not to sell your personal information.
We do not sell your personal information and therefore do not provide any mechanism for you to exercise the right to opt out.
Right to Non-Discrimination
You have the right not to be discriminated against for the exercise of your California privacy rights described above.
For Non-California Residents: How to review, update, correct, or delete personal information
Upon request Perfect World will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please submit a ticket using the Customer Support website: https://support.perfectworld.com.
You may review, update, correct or delete your personal information collected through the Service by emailing us at privacy@perfectworld.com or by contacting us at:
Perfect World Entertainment Inc.
100 Redwood Shores Parkway, 4th Floor
Redwood City, CA 94065
Attn: Privacy Policy Request
Please note that certain types of personal information that is necessary to check eligibility, such as birth date or age, cannot be deleted unless you close your Account. However, such information may be modified with sufficient verification of the new information. Note that the deletion of your data may lead to the termination of your account and applicable services.
To have access to your personal information, you must provide sufficient proof of identification as we request, and we reserve the right to deny access to any user if we believe there is a question about your identity. We will respond to all access requests within 30 days.
Moreover, we reserve the right to retain your information in our files if we believe it is necessary or advisable to resolve disputes, enforce the Terms of Service, and for technical and legal requirements and constraints related to the Service.
Security
The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Service, you can contact us at privacy@perfectworld.com.
International Users
Perfect World is a United States based company and our servers and business operations are located primarily is the State of California. By using our Service and providing us with information, you are consenting to the transferring, storing and processing of your information on computers located in the United States of America in the manner described in this Policy, except in the case of data transfers from the European Economic Area, which are covered under the EU-U.S. Privacy Shield Framework, and except in the case of data transfer from Switzerland, which are covered under the Swiss-U.S. Privacy Shield Framework. You acknowledge and understand that the laws regarding personal information in the United States may be less stringent than the laws of your country and may not offer the same protections or rights as those laws. If you object to your personal information being transferred or used as described in this Policy, please do not use this Service.
Contact Us
If you have any questions, concerns, or comments regarding this Policy, please contact us via email at privacy@perfectworld.com.
Last updated: December 31, 2019.