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Terms of Service
This Terms of Service ("Terms") is a legal agreement between you (“you” or “your”) and iDreamSky Holdings (HK) Limited ("iDreamSky", "we", or "us") along with its partners, and governs the use by "you" of iDreamSky’s games and any related services, such as websites, forums, desktop applications, mobile applications, web-based applications (collectively, the "Game(s)").
The Terms apply to you if you are a user of our Games anywhere in the world, except that: (i) you are in the People's Republic of China (regardless of nationality), (ii) you are a citizen of the People’s Republic of China (regardless of where you get access to our Games), or (iii) you are a Chinese-incorporated company (regardless of where you get access to our Games), in which cases you are subject to the Terms of Service for PRC users in your use of our Games.
IMPORTANT NOTE: ARBITRATION, CLASS ACTIONS, REFUNDS. When you agree to the Terms, you acknowledge and agree that: (i) any dispute arising hereof between you and us shall be resolved through binding, individual arbitration rather than in court, with a waiver of rights by you to bring a class action against us; and (ii) unless otherwise stated herein and to the extent allowed by law, all purchases are non-refundable. Please carefully read Sections 11 and 17 below for details. AND PLEASE MAKE SURE YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD OTHER CLAUSES CONCERN IMPORTANT ASPECTS OF THE TERMS, WHICH ARE ALSO HIGHLIGHTED IN BOLD FONT TO DRAW YOUR ATTENTION.
IF YOU DO NOT AGREE TO THE TERMS, DO NOT PURCHASE, DOWNLOAD, INSTALL, USE THE GAMES. BY ACCESSING OUR GAMES YOU AGREE TO THE TERMS.
1. Introduction
The Games are owned and operated by iDreamSky and/or its partners. iDreamSky does not guarantee the continuation of the Games. Access to the Games requires an account. iDreamSky is dedicated to protecting your privacy and takes all necessary and reasonable steps towards protecting your information. For information regarding our security standards, please refer to the Privacy Policy.
Where we consider that any changes to these Terms are reasonably material, we will (where reasonably practicable) notify you (via our website, direct communication to you, or other means), prior to the change becoming effective. By continuing to use our Games after we make any changes to these Terms or our Games, with or without notice from us, you are agreeing to be bound by these revised Terms.
2. Definition of the Terms
"User Content" is any data you upload or transmit on or through the Games, including profiles and in-game communications. We advise all users to be wary of the accuracy or legitimacy of User Content. More information regarding User Content can be found in Section 5.
"termination" or "suspension" refers to any mute, temporary ban, or permanent ban of an account or a character, which whill result in user's inability to access and use some or all features of the Games. iDreamSky may limit, temporarily suspend, or permanently terminate your account or access to the Games or modify or remove any content in the Games in its sole discretion, and iDreamSky is under no obligation to compensate you for any losses or damages in this connection. More information about termination is available in Sections 3 & 8.
"Virtual Currency" is defined as any in-game currency used to purchase In-game Items from iDreamSky or its partners. More information regarding Virtual Currency, pricing, and applicability can be found in Sections 4 & 11.
"In-game Items" includes any skins, props, gears, digital cards, experience boosts, effects, other customizations for your in-game characters, other such digital add-on items for enhancement of performance and extra game-related services that you can obtain through in-game awards or in-game purchases. More information regarding In-game Items, pricing, and applicability can be found in Sections 4 & 11.
3. License and Account
In order to access and use the Games, you are required to register an account. By creating an account, you acknowledge that we are granting you a personal, revocable, non-assignable, non-sublicensable, non-transferable, non-exclusive, non-commercial and limited license to (i) download and install the Games on the device compatible with the Games, (ii) access and use the Games as we provided for your personal entertainment purpose, subject to the limitations of the Terms. The license commences on the date that you accept these Terms and install or otherwise use our Games. The license ends at the earlier of your disposal of the Games or our termination of the license in accordance with the Terms. We and our licensors reserve all rights with respect to the Games not granted to you in the Terms.
To create a Game account and access our Games, you must be at least the minimum age for consenting to personal data collection under the law in your jurisdiction, otherwise your parent or legal guardian must review and accept the Terms on your behalf. If you are a parent or legal guardian and you provide your consent to your child's access and use of our Games, which may be verified by additional actions as required during account registration, you agree to take responsibility for the acts of your child when using the Games and be bound by the Terms in respect of your child's access and use of our services and/or anything accessible or available on our Games.
You must comply with the laws in your jurisdiction. If any laws applicable to you restrict or prohibit you from using our Games, you must comply with those legal restrictions or, if applicable, stop accessing and using our Games. We may also impose restrictions on your access to the Games based on your IP address.
When creating an account, you must choose a username. This username cannot infringe on the rights of any third party, impersonate or imply another persona, be illegal, offensive, racist, obscene, unlawful, or be deemed in any way inappropriate. We, in our sole discretion, reserve the right to review your username and its appropriateness. Multiple accounts are acceptable, however this should not be used to abuse, exploit, or take advantage of any in-game event, bug, or game interaction. We have sole discretion with respect to identifying any username or account abuse.
At the time of account creation, you may be required to set a password. Your password should be treated with care and should be kept confidential. You should choose a password which is difficult to guess and should be updated regularly. You should not follow any instructions to input your password except when entering your account information to log into the Games.
By creating an account, you are able to log onto and participate in our forums. On the forums, you are given the ability to upload a picture, write a profile, and/or create a signature. All forum account information, regardless of location, shall not be unlawful, threatening, abusive, defamatory, obscene, or racially, ethnically, or otherwise offensive. Exercise caution when updating your forum profile as this information is accessible to other forum users.
You agree that you will make necessary efforts to protect your account information and keep it confidential without sharing your account with anyone, and will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account, whether or not you are aware of.
We reserve the right to limit, temporarily suspend, or permanently terminate your access to the Games and your use of Game account without notice to you, if you are in violation of the Terms. You acknowledge that you are not entitled to a refund, in whole or in part, for anything in connection with the terminated Game account, and we are under no obligation to compensate you for any losses or damages in this connection.
4. Unauthorized Trades/Transactions
You acknowledge and agree that you have no ownership or other proprietary interests in any account stored or hosted in an iDreamSky system, including without limitation your iDreamSky account or any Game account, while all rights in and to such accounts are and will always be owned by and inured to the benefit of iDreamSky. And you further acknowledge and agree that iDreamSky owns, has been licensed, or otherwise has rights to all of the content that is contained in the Games, while you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Games, or any other attributes associated with your iDreamSky account or any Game account.
Virtual Currency and In-game Items are non-transferable and any purchases made in any one of the Games are only for use in that relevant Game. iDreamSky does not recognize any sale or trade of In-game Items, Virtual Currency and/or account, nor does iDreamSky recognize any purported transfers of virtual property executed outside of the Games, or the purported transfers in the real world of anything that is contained or originates in the Games. Accordingly, you may not：
(i) purchase, sell, resell, gift, lease, rent, trade, license, distribute or otherwise transfer (collectively, "Transfer") any In-game Items, Virtual Currency or account;
(ii) offer to Transfer any In-game Items, Virtual Currency or account, or encourage others to do so;
(iii) sell In-game Items or Virtual Currency for real currency;
(iv) exchange In-game Items or Virtual Currency for value outside of the Games or for the purchase of tangible or physical products or other services; or
(v) participate in or operate so-called secondary markets for In-game Items, Virtual Currency, or account.
(collectively, "Unauthorized Transfer")
Furthermore, any of the foregoing Unauthorized Transfer attempt shall be null and void, and iDreamSky does not recognize or provide services to enable such Unauthorized Transfer. Any aforementioned transactions for the Unauthorized Transfer shall be at your own risk and you shall be solely responsible for any liabilities resulting from the same. In the event that you carry out any of the aforementioned transactions, you hereby acknowledge that iDreamSky has no involvement therein whatsoever and shall in no event be liable for such actions. You further acknowledge that iDreamSky has warned you against carrying out the above-mentioned transactions.
5. User Content and User Conduct
The Games of iDreamSky enables users to interact online, display and communicate information and content chosen by those users, and that users likewise can alter the service environment on a real-time basis. iDreamSky does not control or endorse the content of communications between users, or users' interactions with each other in the Games. You shall be solely liable for any of your actions or inactions, User Content you generated in the Games. You agree not to upload, publish, submit or transmit any User Content, or otherwise engage in any behavior that:
(i) breaches the Terms;
(ii) is of a criminal or unlawful nature, or violates any applicable laws or requirements of any appropriate regulatory authority, or would give rise to civil liability;
(iii) infringes the intellectual property rights, rights of privacy or publicity, or other proprietary rights of iDreamSky or any third party;
(iv) promotes or encourages drug-trafficking, money-laundering, terrorism, theft, fraud, gambling, or incites violence, sadism, cruelty, bigotry, racial or religious hatred, intimidation, discrimination, harassment or disrespect to any individual or group, or contains any content or language which, in the sole and absolute discretion of iDreamSky, is deemed to be obscene, pornographic, vulgar, paedophilic, libelous, defamatory, bullying, threatening, offensive, disparaging, invasive of privacy or publicity rights, abusive, or otherwise objectionable or illegal; or if it contains any deliberate misspellings or alternative spellings to circumvent the content and language restrictions;
(v) points to content deemed by iDreamSky to be inappropriate, including without limitation, any website links or URLs directed to other commercial products or service, or any website links or URLs to any materials (including software and other information) that would allow others to inappropriately access software or websites;
(vi) is the subject of a complaint，or disruptive to the Games, its users and community;
(vii) is harmful to minors;
(viii) is fraudulent, false, misleading, deceptive, or masks your identity for the purpose of posing as any other user, iDreamSky staff, or government official; and/or
(ix) contains malicious software or is of a malicious nature, including but not limited to viruses, Trojans, key loggers, or any program that could harm (or is designed to harm) other users' computers or the Games.
You agree to not only adhere to the above standards, but also to refrain from encouraging, enabling, or otherwise assisting other users to post or submit User Content, or commit any conduct that does not comply with the Terms or applicable law.
By using the Games, you grant iDreamSky a perpetual, worldwide, non-exclusive, royalty-free right to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, and distribute such User Content. Notwithstanding anything previously outlined, iDreamSky does not necessarily monitor any User Content in the Games. You acknowledge that iDreamSky does not guarantee and is not responsible or liable for the quality, safety, legality, truthfulness, or accuracy of any such User Content or user conduct nor any identity information about such user.
6. Abuse and Harassment
You shall not harass, demean, abuse, or spam any user or iDreamSky staff in any way like, (i) sending junk messages, (ii) talking gibberish, swearing, and anything related to slander, racism, impersonation, intimidation, scam, cheating, or (iii) involving in any other activity iDreamSky, in its sole discretion, deems inappropriate.
iDreamSky is not liable for any loss or damage resulting from or associated with any false claims, inaccurate information, or otherwise questionable actions taken by any user. iDreamSky does not monitor offline interaction among its users. You hereby acknowledge that any contact by you with any other user outside of the Games, i.e. in the real world, is at your own risk without any involvement of iDreamSky and you are solely responsible for any consequences resulting therefrom.
7. Cheating and Hacking
You are not permitted under any circumstance or for any reason to cheat or utilize third party applications or code in order to gain unfair advantages in, or acquire Virtual Currency or items from, any of our Games. You agree not to design, disseminate, or use any third party programs designed to change any Games offered by us, or assist in the design of a third party program that changes any Games offered by us. You will be responsible for any damages to iDreamSky resulting from any of your use, dissemination, or design of such programs.
You agree not to:
(i) copy, reproduce, distribute, display, mirror, frame, reverse-engineer, decompile, derive source code from, modify, adapt, translate, datamine, disassemble, or make derivative works based upon any of the Games or any content contained in the Games, or use them in any way alike or not expressly authorized in the Terms;
(ii) remove, disable, circumvent, or modify any technological measure we implement to protect the Games or any of their associated intellectual property;
(iii) attempt to probe, scan or test the vulnerability or breach any security or authentication measures in the Games, or exploit any cheats or errors you are aware of in the Games;
(iv) attempt to access any other users' account, or interfere with, attempt to interfere with, the access of any user, host or network, including but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the Games or any of its users;
(v) misuse any of our customer service facilities;
(vi) deliberately enter false information into any of the forums on the Games, or use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Games or for any other purpose;
(vii) encourage or attempt to trick other users into breaking our rules;
(viii) create, develop, distribute, or use any cheats, add-ons, plugins, automation software (bots), hacks, mods or any other unauthorized third-party programs that (a) modify any part of the Games, (b) intercept, emulate, redirect any communication with respect to the Games, (c) collect information about the Games or other users without express permission, (d) interfere with the gameplay; (e) gain advantage in any online or other game modes or otherwise;
(ix) exploit the Game or any of its parts for a commercial purpose, or for the benefit of any third party, including without limitation: (a) committing any Unauthorized Transfer, (b) performing in-game services in exchange for payment outside the Games, e.g., power-leveling; or (c) performing advertising or solicitations for a third party;
(x) use the Games in any way that would affect us or the Games adversely or do harm to the users' experience of any features of the Games; or
(xi) encourage, incite, enable or facilitate anyone else to do any of the foregoing.
8. Modification and Termination
Without notice to you, we may update the Games at our sole discretion, and you may install the patches, updates, or upgrades in order to continually use the Games. Upon each update, we may modify, replace, or suspend, discontinue, limit your access to any content or any part of the Games, including but not limited to characters, maps, props, skins, equipments, settings, effects. You acknowledge that your character data, game progress, game customization or other game-related data may cease to be available to you from then on, and you agree that any of the foregoing does not entitle you of a refund.
We may update this Terms at our time of need. You need to provide your consent to the updated Terms to continually use the Games. By continuing to use our Games after any changes to the Terms, with or without notice from us, you are agreeing to the updated Terms.
To the fullest extent consistent with applicable law, we may decide, in good faith, to terminate the provision of our Games to similarly situated users generally and delete the Game accounts. We will notify you of such termination in advance. You may consume the Virtual Currency and In-game Items in your Game account in a timely manner. You acknowledge that you are not entitled to a refund, in whole or in part, for anything (e.g., Virtual Currency, In-game Items) in your Game account due to such termination, and we are under no obligation to compensate you for any losses or damages in this connection.
9. Interruption
iDreamSky takes every necessary precaution to ensure the stability of the Games. However, they are subject to scheduled and unscheduled maintenance and there may be incidents that might result in loss of server data. Server data is solely owned by iDreamSky and you acknowledge that you will not hold iDreamSky liable for any such loss of data. We perform maintenance in good faith in order to preserve the quality and stability of the Games and to improve, fix, or otherwise maintain the Games. Such maintenance may interfere with gameplay and the availability of the Games.
In the case of announced or unannounced down-time of the Games, iDreamSky is not responsible for disruptions relating to timed Games events, purchases, subscriptions, Virtual Currency, or anything relating to, or deriving in, the Games. You understand that you will not be entitled to any refunds of fees or other compensation for any interruptions in the Games.
You may make sure that your device, system and any other necessary equipment meet the requirements for the Games. iDreamSky does not guarantee the compatibility of your mobile device, computer or software with any of the Games, nor is iDreamSky responsible for any interruption or loss of data on your mobile device or computer resulting from incompatible systems with the Games.
10. Advertising in the Games
If you download and/or play the Games, you may receive advertising messages that appear within and around the game environments. If you do not wish to receive advertising messages, you can change the settings in the Games.
The advertising in the Games generated by third parties does not constitute an endorsement by iDreamSky, or its subsidiaries and affiliates, of the opinions or views expressed by these third party websites or advertisers. iDreamSky explicitly disclaims any responsibility for the accuracy, availability, completeness, or quality of the content contained on such sites. Further, iDreamSky is not responsible for the quality or delivery of the products offered by, accessed through, obtained by, or advertised in such advertisements, including the third party websites linked therein. As such, neither iDreamSky nor its subsidiaries and affiliates are responsible for any errors or omissions, or for the consequences resulting from the use of such information contained in such advertisements, including the third party websites linked therein.
11. Pricing and Payment
iDreamSky offers Virtual Currency for purchasing In-game Items and/or Games through a variety of different payment processing methods. Before you purchase Virtual Currency or In-game Items from iDreamSky through its payment partners, you will be asked to confirm that the purchase that you intend to make is correct. In the event of an incorrect credit, please immediately notify us.
There may be limits on the purchases you make in the Games as shown or specified in the Games, which may includes, a maximum balance that may be credited to your Game account, a maximum amount you may spend to purchase at a given time, or a maximum number of transactions you may make per day.
We reserve the right, in our sole discretion and without notice to you, to change the payment methods, in-game value of Virtual Currency or In-game Items, amount of Virtual Currency needed to purchase In-game Items, or remove In-game Items that can be obtained with Virtual Currency.
All purchases made in the Games are final and non-refundable: we do not provide cash refunds or credits for Virtual Currency or In-game Items purchases. You hereby waive your right to withdraw your agreement on any purchase you made except where such withdrawal right cannot be waived by contract according to the law in your jurisdiction.
We reserve the right to delete, restrict access to, or reduce the value of Virtual Currency and In-game Items if:
(i) there is evidence of breaching our policies on Virtual Currency or In-game Items;
(ii) the Virtual Currency or In-game Items have been credited due to an error; or
(iii) a purchase was made illegally, illegitimately, or there was a chargeback.
12. Intellectual Property Rights
The Games and its content are owned and operated by iDreamSky and its partners. All content, including the forums, and/or the Games offered are solely owned by iDreamSky and its partners and protected by copyright, trademark, patent, and other intellectual property laws and regulations and other applicable laws and regulations. You acknowledge that you have no claims on, interest in, or license to copy, reproduce, distribute, or otherwise exploit for any commercial purpose the Games.
All data (except your name, ID card number and other personal information) produced and then saved in iDreamSky’s servers, including but not limited to your accounts, characters, levels, ranking and virtual items data (such as Virtual Currency and In-game Items) are indivisible portions of the Games and shall be owned and managed by iDreamSky and its partners. iDreamSky and its partners reserve and retain all rights to display the data in the Games, including but not limited to display your in-game data (such as power, level, arena rank, etc.) in the ranking list.
13. Indemnification
You agree to indemnify, defend, and hold harmless iDreamSky, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Games from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of the Terms by you. iDreamSky reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with iDreamSky in asserting any available defenses.
14. Disclaimer
To the maximum extent permitted by law, our Games are provided "as is" and without warranties of any kind, either express or implied. When permitted by law, iDreamSky disclaims all warranties, express or implied, including but not limited to implied warranties of quality, accuracy, timeliness, completeness, merchantability, and fitness for a particular purpose. iDreamSky does not warrant that the functions contained in the Games will be uninterrupted or error-free, that defects will be corrected, or that the Games or the server that makes it available are free of viruses or other harmful components. iDreamSky does not warrant or make any representations regarding the use or the results of the use of the materials in the Games in terms of their correctness, accuracy, reliability, or otherwise.
15. Liability for Our Games
When permitted by law, under no circumstances, including, but not limited to, negligence or otherwise shall iDreamSky be liable for any loss of profits, loss of data, or any indirect, incidental, punitive, exemplary, special or consequential damages that result from the use of, or the inability to use, the Games, even if iDreamSky has been advised of the possibility of such damages. In no event shall iDreamSky's total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing the Games.
16. Force Majeure
Notwithstanding anything else contained in these Terms, we are not liable for any delay in or failure to comply with the Terms if the delay or failure is caused by circumstances beyond our reasonable control, including without limitation, hacking, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.
17. Governing Law and Dispute Resolution
The Terms and all matters or disputes arising out of or relating to the Terms or the Games shall be governed by, construed, and enforced in accordance with the laws of Hong Kong (without regard to any principles of conflicts of laws). Any disputes or claims arising out of or relating to the Terms or the Games shall be exclusively referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") in accordance with the Arbitration Rules of the HKIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Hong Kong. The tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. Notwithstanding the foregoing, we may institute a proceeding for equitable relief in any court of competent jurisdiction.
Subject to the foregoing, any action brought by you, including without limitation arbitration, will proceed solely on an individual basis without the right for any claim to be adjudicated on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of others.
18. Miscellaneous
To the maximum extent permitted by applicable laws, we may send rules, notifications, prompts, or other information pertaining to the use of the Games (collectively, "Notice") to users through one or more of the following, including but not limited to notice or announcement within the Games or on our official websites, mobile phone messages, email, or other contact information you provided to us. Once such Notice has been delivered or sent in any way mentioned above, it shall be deemed to have been served to you and have a binding effect on you.
The Terms govern the relationship between iDreamSky and you and can only be changed in writing, nor do the Terms create any third party beneficiary rights. If you do not comply with the Terms, and we don't take action immediately, all our rights under the Terms are nevertheless expressly reserved. We may take action in the future. The invalidity or unenforceability of any part of the Terms shall not affect the validity or enforceability of any other part hereof. If any part of the Terms is, for any reason, determined to be invalid or unenforceable, there shall be deemed to be such minor changes (and only such minor changes) as are necessary to make it valid and enforceable.
If you have any questions, comments and requests regarding the Terms and our Games, or wish to report any abuse, harassment, or inappropriate conduct within the Games, please contact us at [email address].
This Terms of Service ("Terms") is a legal agreement between you (“you” or “your”) and iDreamSky Holdings (HK) Limited ("iDreamSky", "we", or "us") along with its partners, and governs the use by "you" of iDreamSky’s games and any related services, such as websites, forums, desktop applications, mobile applications, web-based applications (collectively, the "Game(s)").
The Terms apply to you if you are a user of our Games anywhere in the world, except that: (i) you are in the People's Republic of China (regardless of nationality), (ii) you are a citizen of the People’s Republic of China (regardless of where you get access to our Games), or (iii) you are a Chinese-incorporated company (regardless of where you get access to our Games), in which cases you are subject to the Terms of Service for PRC users in your use of our Games.
IMPORTANT NOTE: ARBITRATION, CLASS ACTIONS, REFUNDS. When you agree to the Terms, you acknowledge and agree that: (i) any dispute arising hereof between you and us shall be resolved through binding, individual arbitration rather than in court, with a waiver of rights by you to bring a class action against us; and (ii) unless otherwise stated herein and to the extent allowed by law, all purchases are non-refundable. Please carefully read Sections 11 and 17 below for details. AND PLEASE MAKE SURE YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD OTHER CLAUSES CONCERN IMPORTANT ASPECTS OF THE TERMS, WHICH ARE ALSO HIGHLIGHTED IN BOLD FONT TO DRAW YOUR ATTENTION.
IF YOU DO NOT AGREE TO THE TERMS, DO NOT PURCHASE, DOWNLOAD, INSTALL, USE THE GAMES. BY ACCESSING OUR GAMES YOU AGREE TO THE TERMS.
1. Introduction
The Games are owned and operated by iDreamSky and/or its partners. iDreamSky does not guarantee the continuation of the Games. Access to the Games requires an account. iDreamSky is dedicated to protecting your privacy and takes all necessary and reasonable steps towards protecting your information. For information regarding our security standards, please refer to the Privacy Policy.
Where we consider that any changes to these Terms are reasonably material, we will (where reasonably practicable) notify you (via our website, direct communication to you, or other means), prior to the change becoming effective. By continuing to use our Games after we make any changes to these Terms or our Games, with or without notice from us, you are agreeing to be bound by these revised Terms.
2. Definition of the Terms
"User Content" is any data you upload or transmit on or through the Games, including profiles and in-game communications. We advise all users to be wary of the accuracy or legitimacy of User Content. More information regarding User Content can be found in Section 5.
"termination" or "suspension" refers to any mute, temporary ban, or permanent ban of an account or a character, which whill result in user's inability to access and use some or all features of the Games. iDreamSky may limit, temporarily suspend, or permanently terminate your account or access to the Games or modify or remove any content in the Games in its sole discretion, and iDreamSky is under no obligation to compensate you for any losses or damages in this connection. More information about termination is available in Sections 3 & 8.
"Virtual Currency" is defined as any in-game currency used to purchase In-game Items from iDreamSky or its partners. More information regarding Virtual Currency, pricing, and applicability can be found in Sections 4 & 11.
"In-game Items" includes any skins, props, gears, digital cards, experience boosts, effects, other customizations for your in-game characters, other such digital add-on items for enhancement of performance and extra game-related services that you can obtain through in-game awards or in-game purchases. More information regarding In-game Items, pricing, and applicability can be found in Sections 4 & 11.
3. License and Account
In order to access and use the Games, you are required to register an account. By creating an account, you acknowledge that we are granting you a personal, revocable, non-assignable, non-sublicensable, non-transferable, non-exclusive, non-commercial and limited license to (i) download and install the Games on the device compatible with the Games, (ii) access and use the Games as we provided for your personal entertainment purpose, subject to the limitations of the Terms. The license commences on the date that you accept these Terms and install or otherwise use our Games. The license ends at the earlier of your disposal of the Games or our termination of the license in accordance with the Terms. We and our licensors reserve all rights with respect to the Games not granted to you in the Terms.
To create a Game account and access our Games, you must be at least the minimum age for consenting to personal data collection under the law in your jurisdiction, otherwise your parent or legal guardian must review and accept the Terms on your behalf. If you are a parent or legal guardian and you provide your consent to your child's access and use of our Games, which may be verified by additional actions as required during account registration, you agree to take responsibility for the acts of your child when using the Games and be bound by the Terms in respect of your child's access and use of our services and/or anything accessible or available on our Games.
You must comply with the laws in your jurisdiction. If any laws applicable to you restrict or prohibit you from using our Games, you must comply with those legal restrictions or, if applicable, stop accessing and using our Games. We may also impose restrictions on your access to the Games based on your IP address.
When creating an account, you must choose a username. This username cannot infringe on the rights of any third party, impersonate or imply another persona, be illegal, offensive, racist, obscene, unlawful, or be deemed in any way inappropriate. We, in our sole discretion, reserve the right to review your username and its appropriateness. Multiple accounts are acceptable, however this should not be used to abuse, exploit, or take advantage of any in-game event, bug, or game interaction. We have sole discretion with respect to identifying any username or account abuse.
At the time of account creation, you may be required to set a password. Your password should be treated with care and should be kept confidential. You should choose a password which is difficult to guess and should be updated regularly. You should not follow any instructions to input your password except when entering your account information to log into the Games.
By creating an account, you are able to log onto and participate in our forums. On the forums, you are given the ability to upload a picture, write a profile, and/or create a signature. All forum account information, regardless of location, shall not be unlawful, threatening, abusive, defamatory, obscene, or racially, ethnically, or otherwise offensive. Exercise caution when updating your forum profile as this information is accessible to other forum users.
You agree that you will make necessary efforts to protect your account information and keep it confidential without sharing your account with anyone, and will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account, whether or not you are aware of.
We reserve the right to limit, temporarily suspend, or permanently terminate your access to the Games and your use of Game account without notice to you, if you are in violation of the Terms. You acknowledge that you are not entitled to a refund, in whole or in part, for anything in connection with the terminated Game account, and we are under no obligation to compensate you for any losses or damages in this connection.
4. Unauthorized Trades/Transactions
You acknowledge and agree that you have no ownership or other proprietary interests in any account stored or hosted in an iDreamSky system, including without limitation your iDreamSky account or any Game account, while all rights in and to such accounts are and will always be owned by and inured to the benefit of iDreamSky. And you further acknowledge and agree that iDreamSky owns, has been licensed, or otherwise has rights to all of the content that is contained in the Games, while you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Games, or any other attributes associated with your iDreamSky account or any Game account.
Virtual Currency and In-game Items are non-transferable and any purchases made in any one of the Games are only for use in that relevant Game. iDreamSky does not recognize any sale or trade of In-game Items, Virtual Currency and/or account, nor does iDreamSky recognize any purported transfers of virtual property executed outside of the Games, or the purported transfers in the real world of anything that is contained or originates in the Games. Accordingly, you may not：
(i) purchase, sell, resell, gift, lease, rent, trade, license, distribute or otherwise transfer (collectively, "Transfer") any In-game Items, Virtual Currency or account;
(ii) offer to Transfer any In-game Items, Virtual Currency or account, or encourage others to do so;
(iii) sell In-game Items or Virtual Currency for real currency;
(iv) exchange In-game Items or Virtual Currency for value outside of the Games or for the purchase of tangible or physical products or other services; or
(v) participate in or operate so-called secondary markets for In-game Items, Virtual Currency, or account.
(collectively, "Unauthorized Transfer")
Furthermore, any of the foregoing Unauthorized Transfer attempt shall be null and void, and iDreamSky does not recognize or provide services to enable such Unauthorized Transfer. Any aforementioned transactions for the Unauthorized Transfer shall be at your own risk and you shall be solely responsible for any liabilities resulting from the same. In the event that you carry out any of the aforementioned transactions, you hereby acknowledge that iDreamSky has no involvement therein whatsoever and shall in no event be liable for such actions. You further acknowledge that iDreamSky has warned you against carrying out the above-mentioned transactions.
5. User Content and User Conduct
The Games of iDreamSky enables users to interact online, display and communicate information and content chosen by those users, and that users likewise can alter the service environment on a real-time basis. iDreamSky does not control or endorse the content of communications between users, or users' interactions with each other in the Games. You shall be solely liable for any of your actions or inactions, User Content you generated in the Games. You agree not to upload, publish, submit or transmit any User Content, or otherwise engage in any behavior that:
(i) breaches the Terms;
(ii) is of a criminal or unlawful nature, or violates any applicable laws or requirements of any appropriate regulatory authority, or would give rise to civil liability;
(iii) infringes the intellectual property rights, rights of privacy or publicity, or other proprietary rights of iDreamSky or any third party;
(iv) promotes or encourages drug-trafficking, money-laundering, terrorism, theft, fraud, gambling, or incites violence, sadism, cruelty, bigotry, racial or religious hatred, intimidation, discrimination, harassment or disrespect to any individual or group, or contains any content or language which, in the sole and absolute discretion of iDreamSky, is deemed to be obscene, pornographic, vulgar, paedophilic, libelous, defamatory, bullying, threatening, offensive, disparaging, invasive of privacy or publicity rights, abusive, or otherwise objectionable or illegal; or if it contains any deliberate misspellings or alternative spellings to circumvent the content and language restrictions;
(v) points to content deemed by iDreamSky to be inappropriate, including without limitation, any website links or URLs directed to other commercial products or service, or any website links or URLs to any materials (including software and other information) that would allow others to inappropriately access software or websites;
(vi) is the subject of a complaint，or disruptive to the Games, its users and community;
(vii) is harmful to minors;
(viii) is fraudulent, false, misleading, deceptive, or masks your identity for the purpose of posing as any other user, iDreamSky staff, or government official; and/or
(ix) contains malicious software or is of a malicious nature, including but not limited to viruses, Trojans, key loggers, or any program that could harm (or is designed to harm) other users' computers or the Games.
You agree to not only adhere to the above standards, but also to refrain from encouraging, enabling, or otherwise assisting other users to post or submit User Content, or commit any conduct that does not comply with the Terms or applicable law.
By using the Games, you grant iDreamSky a perpetual, worldwide, non-exclusive, royalty-free right to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, and distribute such User Content. Notwithstanding anything previously outlined, iDreamSky does not necessarily monitor any User Content in the Games. You acknowledge that iDreamSky does not guarantee and is not responsible or liable for the quality, safety, legality, truthfulness, or accuracy of any such User Content or user conduct nor any identity information about such user.
6. Abuse and Harassment
You shall not harass, demean, abuse, or spam any user or iDreamSky staff in any way like, (i) sending junk messages, (ii) talking gibberish, swearing, and anything related to slander, racism, impersonation, intimidation, scam, cheating, or (iii) involving in any other activity iDreamSky, in its sole discretion, deems inappropriate.
iDreamSky is not liable for any loss or damage resulting from or associated with any false claims, inaccurate information, or otherwise questionable actions taken by any user. iDreamSky does not monitor offline interaction among its users. You hereby acknowledge that any contact by you with any other user outside of the Games, i.e. in the real world, is at your own risk without any involvement of iDreamSky and you are solely responsible for any consequences resulting therefrom.
7. Cheating and Hacking
You are not permitted under any circumstance or for any reason to cheat or utilize third party applications or code in order to gain unfair advantages in, or acquire Virtual Currency or items from, any of our Games. You agree not to design, disseminate, or use any third party programs designed to change any Games offered by us, or assist in the design of a third party program that changes any Games offered by us. You will be responsible for any damages to iDreamSky resulting from any of your use, dissemination, or design of such programs.
You agree not to:
(i) copy, reproduce, distribute, display, mirror, frame, reverse-engineer, decompile, derive source code from, modify, adapt, translate, datamine, disassemble, or make derivative works based upon any of the Games or any content contained in the Games, or use them in any way alike or not expressly authorized in the Terms;
(ii) remove, disable, circumvent, or modify any technological measure we implement to protect the Games or any of their associated intellectual property;
(iii) attempt to probe, scan or test the vulnerability or breach any security or authentication measures in the Games, or exploit any cheats or errors you are aware of in the Games;
(iv) attempt to access any other users' account, or interfere with, attempt to interfere with, the access of any user, host or network, including but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the Games or any of its users;
(v) misuse any of our customer service facilities;
(vi) deliberately enter false information into any of the forums on the Games, or use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Games or for any other purpose;
(vii) encourage or attempt to trick other users into breaking our rules;
(viii) create, develop, distribute, or use any cheats, add-ons, plugins, automation software (bots), hacks, mods or any other unauthorized third-party programs that (a) modify any part of the Games, (b) intercept, emulate, redirect any communication with respect to the Games, (c) collect information about the Games or other users without express permission, (d) interfere with the gameplay; (e) gain advantage in any online or other game modes or otherwise;
(ix) exploit the Game or any of its parts for a commercial purpose, or for the benefit of any third party, including without limitation: (a) committing any Unauthorized Transfer, (b) performing in-game services in exchange for payment outside the Games, e.g., power-leveling; or (c) performing advertising or solicitations for a third party;
(x) use the Games in any way that would affect us or the Games adversely or do harm to the users' experience of any features of the Games; or
(xi) encourage, incite, enable or facilitate anyone else to do any of the foregoing.
8. Modification and Termination
Without notice to you, we may update the Games at our sole discretion, and you may install the patches, updates, or upgrades in order to continually use the Games. Upon each update, we may modify, replace, or suspend, discontinue, limit your access to any content or any part of the Games, including but not limited to characters, maps, props, skins, equipments, settings, effects. You acknowledge that your character data, game progress, game customization or other game-related data may cease to be available to you from then on, and you agree that any of the foregoing does not entitle you of a refund.
We may update this Terms at our time of need. You need to provide your consent to the updated Terms to continually use the Games. By continuing to use our Games after any changes to the Terms, with or without notice from us, you are agreeing to the updated Terms.
To the fullest extent consistent with applicable law, we may decide, in good faith, to terminate the provision of our Games to similarly situated users generally and delete the Game accounts. We will notify you of such termination in advance. You may consume the Virtual Currency and In-game Items in your Game account in a timely manner. You acknowledge that you are not entitled to a refund, in whole or in part, for anything (e.g., Virtual Currency, In-game Items) in your Game account due to such termination, and we are under no obligation to compensate you for any losses or damages in this connection.
9. Interruption
iDreamSky takes every necessary precaution to ensure the stability of the Games. However, they are subject to scheduled and unscheduled maintenance and there may be incidents that might result in loss of server data. Server data is solely owned by iDreamSky and you acknowledge that you will not hold iDreamSky liable for any such loss of data. We perform maintenance in good faith in order to preserve the quality and stability of the Games and to improve, fix, or otherwise maintain the Games. Such maintenance may interfere with gameplay and the availability of the Games.
In the case of announced or unannounced down-time of the Games, iDreamSky is not responsible for disruptions relating to timed Games events, purchases, subscriptions, Virtual Currency, or anything relating to, or deriving in, the Games. You understand that you will not be entitled to any refunds of fees or other compensation for any interruptions in the Games.
You may make sure that your device, system and any other necessary equipment meet the requirements for the Games. iDreamSky does not guarantee the compatibility of your mobile device, computer or software with any of the Games, nor is iDreamSky responsible for any interruption or loss of data on your mobile device or computer resulting from incompatible systems with the Games.
10. Advertising in the Games
If you download and/or play the Games, you may receive advertising messages that appear within and around the game environments. If you do not wish to receive advertising messages, you can change the settings in the Games.
The advertising in the Games generated by third parties does not constitute an endorsement by iDreamSky, or its subsidiaries and affiliates, of the opinions or views expressed by these third party websites or advertisers. iDreamSky explicitly disclaims any responsibility for the accuracy, availability, completeness, or quality of the content contained on such sites. Further, iDreamSky is not responsible for the quality or delivery of the products offered by, accessed through, obtained by, or advertised in such advertisements, including the third party websites linked therein. As such, neither iDreamSky nor its subsidiaries and affiliates are responsible for any errors or omissions, or for the consequences resulting from the use of such information contained in such advertisements, including the third party websites linked therein.
11. Pricing and Payment
iDreamSky offers Virtual Currency for purchasing In-game Items and/or Games through a variety of different payment processing methods. Before you purchase Virtual Currency or In-game Items from iDreamSky through its payment partners, you will be asked to confirm that the purchase that you intend to make is correct. In the event of an incorrect credit, please immediately notify us.
There may be limits on the purchases you make in the Games as shown or specified in the Games, which may includes, a maximum balance that may be credited to your Game account, a maximum amount you may spend to purchase at a given time, or a maximum number of transactions you may make per day.
We reserve the right, in our sole discretion and without notice to you, to change the payment methods, in-game value of Virtual Currency or In-game Items, amount of Virtual Currency needed to purchase In-game Items, or remove In-game Items that can be obtained with Virtual Currency.
All purchases made in the Games are final and non-refundable: we do not provide cash refunds or credits for Virtual Currency or In-game Items purchases. You hereby waive your right to withdraw your agreement on any purchase you made except where such withdrawal right cannot be waived by contract according to the law in your jurisdiction.
We reserve the right to delete, restrict access to, or reduce the value of Virtual Currency and In-game Items if:
(i) there is evidence of breaching our policies on Virtual Currency or In-game Items;
(ii) the Virtual Currency or In-game Items have been credited due to an error; or
(iii) a purchase was made illegally, illegitimately, or there was a chargeback.
12. Intellectual Property Rights
The Games and its content are owned and operated by iDreamSky and its partners. All content, including the forums, and/or the Games offered are solely owned by iDreamSky and its partners and protected by copyright, trademark, patent, and other intellectual property laws and regulations and other applicable laws and regulations. You acknowledge that you have no claims on, interest in, or license to copy, reproduce, distribute, or otherwise exploit for any commercial purpose the Games.
All data (except your name, ID card number and other personal information) produced and then saved in iDreamSky’s servers, including but not limited to your accounts, characters, levels, ranking and virtual items data (such as Virtual Currency and In-game Items) are indivisible portions of the Games and shall be owned and managed by iDreamSky and its partners. iDreamSky and its partners reserve and retain all rights to display the data in the Games, including but not limited to display your in-game data (such as power, level, arena rank, etc.) in the ranking list.
13. Indemnification
You agree to indemnify, defend, and hold harmless iDreamSky, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Games from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of the Terms by you. iDreamSky reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with iDreamSky in asserting any available defenses.
14. Disclaimer
To the maximum extent permitted by law, our Games are provided "as is" and without warranties of any kind, either express or implied. When permitted by law, iDreamSky disclaims all warranties, express or implied, including but not limited to implied warranties of quality, accuracy, timeliness, completeness, merchantability, and fitness for a particular purpose. iDreamSky does not warrant that the functions contained in the Games will be uninterrupted or error-free, that defects will be corrected, or that the Games or the server that makes it available are free of viruses or other harmful components. iDreamSky does not warrant or make any representations regarding the use or the results of the use of the materials in the Games in terms of their correctness, accuracy, reliability, or otherwise.
15. Liability for Our Games
When permitted by law, under no circumstances, including, but not limited to, negligence or otherwise shall iDreamSky be liable for any loss of profits, loss of data, or any indirect, incidental, punitive, exemplary, special or consequential damages that result from the use of, or the inability to use, the Games, even if iDreamSky has been advised of the possibility of such damages. In no event shall iDreamSky's total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing the Games.
16. Force Majeure
Notwithstanding anything else contained in these Terms, we are not liable for any delay in or failure to comply with the Terms if the delay or failure is caused by circumstances beyond our reasonable control, including without limitation, hacking, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.
17. Governing Law and Dispute Resolution
The Terms and all matters or disputes arising out of or relating to the Terms or the Games shall be governed by, construed, and enforced in accordance with the laws of Hong Kong (without regard to any principles of conflicts of laws). Any disputes or claims arising out of or relating to the Terms or the Games shall be exclusively referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") in accordance with the Arbitration Rules of the HKIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Hong Kong. The tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. Notwithstanding the foregoing, we may institute a proceeding for equitable relief in any court of competent jurisdiction.
Subject to the foregoing, any action brought by you, including without limitation arbitration, will proceed solely on an individual basis without the right for any claim to be adjudicated on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of others.
18. Miscellaneous
To the maximum extent permitted by applicable laws, we may send rules, notifications, prompts, or other information pertaining to the use of the Games (collectively, "Notice") to users through one or more of the following, including but not limited to notice or announcement within the Games or on our official websites, mobile phone messages, email, or other contact information you provided to us. Once such Notice has been delivered or sent in any way mentioned above, it shall be deemed to have been served to you and have a binding effect on you.
The Terms govern the relationship between iDreamSky and you and can only be changed in writing, nor do the Terms create any third party beneficiary rights. If you do not comply with the Terms, and we don't take action immediately, all our rights under the Terms are nevertheless expressly reserved. We may take action in the future. The invalidity or unenforceability of any part of the Terms shall not affect the validity or enforceability of any other part hereof. If any part of the Terms is, for any reason, determined to be invalid or unenforceable, there shall be deemed to be such minor changes (and only such minor changes) as are necessary to make it valid and enforceable.
If you have any questions, comments and requests regarding the Terms and our Games, or wish to report any abuse, harassment, or inappropriate conduct within the Games, please contact us at [email address].