| Language: |
CHANGYOU TERMS OF USE
Last revised: [ May 18, 2020]
These Terms of Use (the "Terms") sets forth the agreement between by [Changyou.com HK Limited] and any one of its parent, subsidiary or affiliated companies and each user ("You" or "User"). The Terms govern your use of CHANGYOU’s online and mobile games, applications and services, including the online functions of multimedia products, the websites and mobile sites (collectively "websites"), servers, software and the framework through which these services are provided (collectively, the "Services"). You should read these Terms carefully as they set out the basis on which we make the Services available. CHANGYOU's Privacy Policy is an integral part of these Terms and is integrated into them by reference. You confirm that you have consulted and accepted the terms of CHANGYOU's Privacy Policy.
You understand and agree that your download behavior, installation, use, login, etc. are deemed to have been read and agreed to be bound by the Terms.
By registering for an Account or otherwise using the Service, you represent that you are age 16 or older. If you are between the ages of 16 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
CHANGYOU reserves the right to change, modify, add, or delete clauses in these Terms at any time, in accordance with the procedures described below in Article 5. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms have been modified, you are agreeing to such modifications. Add this page to your bookmarks and consult this site regularly to find out about any updates to the Terms.
1. GRANT OF A LIMITED LICENSE RIGHTS
Subject to your agreement and continuing compliance with these Terms of Use and any other relevant CHANGYOU policies, CHANGYOU grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
This service means that you can enjoy CHANGYOU's paid or free online games and other services after you register an account and get password or become a user of the CHANGYOU’s Service. You can install and use a copy of the CHANGYOU online game on the electronic device such as the computer they are using, and obtain the license (account number and password) through the paid or free registration method provided by CHANGYOU, and then you can play game through connect with the server provided or licensed by CHANGYOU. Any other type of installation, use, access, display, operation, and transfer by you without any permission to travel will be considered a violation of the Terms.
2. PERSONAL INFORMATION PROTECTION
Use of the Services is subject to the terms of our privacy policy ("Privacy Policy"), which is incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using the Services, you acknowledge that you have read, and you agree to be bound by, the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services, account registration, and any other personal information provided by you in accordance with our Privacy Policy.
CHANGYOU respects and protects your personal information registered and retained on the online game platform. CHANGYOU will not actively disclose, edit, and disclose any your information without your consent, or any other purpose.
CHANGYOU may disclose, or provide your information to third parties under the following circumstances and shall not be held liable:
a. Must be disclosed in accordance with laws and regulations;
b. The judicial department or other authority authorized by law to provide it in accordance with legal procedures;
c. In the event of an emergency, to protect the rights of users, other third parties or the public;
d. To protect the legitimate rights and interests of CHANGYOU;
e. Other circumstances in which it is necessary to disclose, edit or disclose user information.
During you using the CHANGYOU’s service, a third party may illegally intercept, steal or obtain your information. CHANGYOU will try to take reasonable defense measures to prevent the above risks, but CHANGYOU does not promise that the above risks can be absolutely avoided, and will not bear any responsibility for the occurrence of the above risks.
3. RULES OF CONDUCT
CHANGYOU reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. CHANGYOU reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
a. You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself, you shall not use the Service if you have previously been removed by CHANGYOU, or previously been banned from playing any CHANGYOU game.
b. You shall use your Account only for non-commercial purposes; you shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
c. Engage in any act that CHANGYOU deems to be in conflict with the spirit or intent of the Service or make improper use of CHANGYOU's support services or access the Services by means other than those provided by CHANGYOU.
d. Modify or cause to be modified any files that are a part of the Service or any CHANGYOU game without CHANGYOU's express written consent.
e. Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing CHANGYOU's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
f. Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
g. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
h. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
i. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another.
j. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a CHANGYOU employee.
k. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any CHANGYOU game, or to obtain any information from the Service or any CHANGYOU game using any method not expressly permitted by CHANGYOU.
l. Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
m. harm minors in any way;
n. arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Content by any means without CHANGYOU's express prior permission;
o. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above;
p. transmit or propagate any virus, Trojan, worm, bomb, corrupted file and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in or be involved in any way in an attack on CHANGYOU's servers and/or the Services and/or those of its service providers and partners;
q. impersonate any person or entity, including, but not limited to a representative of CHANGYOU, or falsely state or otherwise misrepresent your affiliation with a person or entity.
4. ACCESS AND TERMS SPECIFIC TO MINORS (AND CHILDREN UNDER 16)
If you are a minor, you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate through the Services and fulfill the obligations set forth in these Terms.
If you are a parent or guardian, CHANGYOU recommends that you monitor your children's online activities. To protect your children’s privacy, CHANGYOU advises you to check that your children never disclose their personal data without your prior consent. CHANGYOU's policies related to the collection and use of information from minors (and children under the age of 16) is further described in our Privacy Policy. Unless stated specifically to the contrary on the applicable CHANGYOU site, CHANGYOU’S Services are not intended for children under 16 (each a "Child" and collectively, "Children").
In all cases, use of the Services by minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them. AS FAR AS IS PERMITTED BY APPLICABLE LEGISLATION, CHANGYOU DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS.
IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO RESISTER FOR ONE OR OTHER OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
5. UPDATING OF SERVICE AND TERMS
5.1 Modification of Terms
CHANGYOU reserves the right to change, modify, add or delete the clauses of these Terms and other notices contained on the CHANGYOU Services, at any time, temporarily or permanently and entirely at its own discretion.
CHANGYOU will inform you of any change, modification, addition or deletion to these Terms by posting, on the website of the Services concerned by these Terms, a notification informing the User of the occurrence of the change, modification, addition or deletion. Any change, modification, addition or deletion will come into force five (5) working days after the publication of said notification. If you do not agree to the changes made to these Terms, you may close your Account in accordance with Article 16. You therefore undertake to check any modifications regularly and to comply with them fully. Any use of the Services subsequent to updates and/or modifications implies acceptance of the Terms thus updated and modified.
5.2 Modification of Prices
CHANGYOU reserves the right to (1) modify the prices of the Services indicated on the websites of the Services concerned and (2) modify a Service from a paid Service to a free to play Service, on the understanding that the new price (if any) is applied only to orders placed after the new price has come into effect.
During your period of subscription, CHANGYOU reserves the right, entirely at its own discretion, to modify the price of subscriptions to its games and Services and/or remove the price of subscriptions to its games and Services. In this case, in addition to any other notifications CHANGYOU may choose in its sole discretion, CHANGYOU will indicate these modifications on the websites of the Services concerned at least two (2) weeks before the modification. Any new modification will come into effect only when/if your subscription is renewed.
5.3 Modification of Access to Services and Content
CHANGYOU may modify the Content for any reason or without any specific reason, at any time, particularly for reasons linked to technical changes. In particular, CHANGYOU may deem it necessary to carry out updates, maintenance operations and/or resets to improve and/or optimize the games and Services. Such updates, maintenance operations and/or resets are liable to affect the games, the Services and/or your acquired rights or any other related element, or to result in setbacks for you in the game environment. The products updated or modified in accordance with this Article are subject to the guarantees indicated above. Lastly, CHANGYOU reserves the right to (a) restrict access to all or part of the Services for any User and/or (b) delete all or part of the Services, entirely at its own discretion.
5.4 Supplementary Contents
During your period of subscription to certain Services, CHANGYOU reserves the right, entirely at its own discretion, to make supplementary content available to all subscribers in the form of updates. However, your subscription does not give you any entitlement concerning extensions which are distributed and/or sold separately from the original version of the video game(s) you have purchased.
6. SUSPENSION OR TERMINATION
These Terms are effective unless and until terminated by either you or CHANGYOU. CHANGYOU reserves the right to suspend or terminate all or part of the Service to you at any time if you notify CHANGYOU in writing not to accept this Terms or to amend it.
Upon any termination of the Terms, you must promptly uninstall any applications and destroy all materials downloaded or otherwise obtained from the Services. You have no property rights in any achievements, virtual items and/or virtual currency. Any fees paid hereunder are non-refundable.
If you are unable to continue to use the Service due to force majeure factors or if CHANGYOU is unable to provide the Service, either party has the right to terminate the Agreement at any time.
6.1 Termination of Your Account or Access to the Services at CHANGYOU'S initiative.
CHANGYOU may suspend or close your Account and/or your ability to use one or more Services or part of the Services, at any time, automatically and without any judicial formality for the following reasons:
a. you claim to be any other person or entity or present your identity inaccurately;
b. you do not comply with these Terms or any special condition relating to a particular Service or Services;
c. you are in breach of your legal or contractual obligations;
d. you infringe a third party's copyrights;
e. or for any other reason.
If you have more than one Account, CHANGYOU reserves the right to delete all the Accounts you have opened.
6.2 Termination of the Account and/or a subscription on your initiative.
You may terminate your Account or a subscription to a particular Service or Services at any time, automatically and without any judicial formality, by contacting CHANGYOU'S customer service department at the following address: [shadowbane@cyou-inc.com]. If you do not accept these Terms, you may not use the Services and you must send CHANGYOU a request to terminate your Account and/or the corresponding subscriptions. Note that there will be no total or partial refund for the sums already paid for the current subscription period if you decide to end your subscription. In addition, it is up to you to pay all sums owed to other sellers of suppliers of Contents before the termination of your Account. All arrears or unpaid costs and other unresolved problems with the Services must be settled before any opening of a new Account. Subject to compliance with the termination procedure indicated above, the termination of your Account and/or your subscription will come into force within a reasonable period of time after receipt of your letter by CHANGYOU's customer service department.
6.3 Consequences of Termination of the Account.
You can lose your user name and persona in the service as a result of account termination or limitation，as well as any benefit, privileges and purchased items associated with your use of the service, and CHANGYOU under no obligation to compensation you for any such losses or results.
In the event of termination or suspension of your Account, you will lose, and CHANGYOU may delete, your profile and the related information you have passed on to CHANGYOU, together with any user generated content you may have published, uploaded or made available on the Services, notably, without limitation, your User names and avatars. However, CHANGYOU reserves the right to store your profile and any of the aforementioned Content on its servers for a reasonable period of time. In the event of termination of your Account, you must immediately cease all use of the Services and destroy any related documentation on any medium. You also must promptly uninstall any Applications. In the event of termination of your Account, you will not be able to participate in the Service(s) again without CHANGYOU's express permission. In the event of termination of your Account or of a Service or Services associated with your Account, all achievements, virtual items and/or virtual currency that you have acquired may, in our sole discretion, be terminated or forfeited. You have no property rights in any achievements, virtual items and/or virtual currency. Any fees paid hereunder are non-refundable.
Articles 8, 9, 10 shall survive the termination of these Terms.
CHANGYOU may limit, suspend, terminate, modify, or delete accounts or access to the service or portions thereof if you are, or CHANGYOU suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service, with or without notice to you.
After CHANGYOU suspends or terminates your service due to your breach of the agreement, you still register the account directly or indirectly, or in the name of another person, CHANGYOU reserves the right to suspend or terminate unilaterally.
7. INTELLECTUAL PROPERTY
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a CHANGYOU game client, and the CHANGYOU game clients and server software) are owned by CHANGYOU, its parent company or its licensors, and are subject to and protected by international copyright and other intellectual property laws and rights. CHANGYOU reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
CHANGYOU has the ownership of all the content that appears in the service and the game, and has the right to use all the content that appears in the service and the game in a licensed or other way. Changsha has the right to decide whether to retain or not retain all or part of the data on the server without affecting the normal reception of the service.
CHANGYOU does not recognize the results of transactions generated by offline transactions outside the CHANGYOU platform. Game props obtained by users through offline trading activities outside the game platform will be considered as sources that do not conform to the rules of the game.
8. RISK TAKING
YOU AGREE THAT YOUR USE OF THE GAMES AND SERVICES OF THE CHANGYOU PLATFORM IS AN INDIVIDUAL'S BEHAVIOR AND IS WILLING TO BEAR ANY RISKS ARISING FROM YOUR OWN FAULT. INCLUDING, BUT NOT LIMITED TO, DAMAGE TO THE COMPUTER SYSTEM BY IMPROPERLY EXECUTING OR DOWNLOADING THE GAME OR PROFILE, OR THE LOSS OF ANY DATA, ETC.
CHANGYOU DOES NOT REPRESENT OR WARRANT THE CORRECTNESS OR RELIABILITY OF ANY CONTENT, INFORMATION OR ADVERTISEMENTS CONTAINED, TRANSMITTED OR LINKED, DOWNLOADED OR OBTAINED FROM ANY RELATED SERVICES; AND PURCHASES FOR ADVERTISEMENTS AND DISPLAYS POSTED BY USERS. AND FOR ANY PRODUCTS, INFORMATION OR MATERIALS THAT YOU PURCHASE AND OBTAIN DURING THE ADVERTISEMENTS AND DISPLAYS PUBLISHED BY CHANGYOU, CHANGYOU DOES NOT UNDERTAKE THE GUARANTEE RESPONSIBILITY.
9. EXEMPTION OF LIABILITIES
CHANGYOU DOES NOT ASSUME ANY EXPRESS OR IMPLIED WARRANTY OR LIABILITY FOR THE GAMES AND RELATED SERVICES PROVIDED ON ITS PLATFORM. HOWEVER, CHANGYOU WILL DO ITS UTMOST TO ADOPT THE EXISTING TECHNICAL TO AVOID THE ABOVE-MENTIONED MATTERS AS MUCH AS POSSIBLE, BUT CHANGYOU DOES NOT GUARANTEE THAT THE ABOVE MATTERS WILL BE AVOIDED, AND WILL NOT BE LIABLE FOR ANY PROBLEMS ARISING THEREFROM.
10. LIMITATION OF LIABILITY FOR COMPENSATION
CHANGYOU SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSS OF PROFITS CAUSED BY YOUR IMPROPER USE OF CHANGYOU PLATFORM'S GAMES AND RELATED SERVICES OR ANY DIRECT, INDIRECT, DERIVATIVE, SPECIAL OR HIDDEN DAMAGES ARISING UNDER THE ABOVE CIRCUMSTANCES. IF THE LIABILITY FOR DAMAGES CANNOT BE COMPLETELY RULED OUT ACCORDING TO LAW, YOU MAY NOT USE THE VIRTUAL GOODS OR POINTS IN YOUR ACCOUNT OR ACCOUNT AS THE COMPENSATION STANDARD. THE LIABILITY FOR CHANGYOU IS ONLY BASED ON THE GAMES AND RELATED SERVICES RECORDED BY CHANGYOU PLATFORM. THE EFFECTIVE PRICE PAID BY CHANGYOU IS LIMITED.
11. LINKS AND ADVERTISING INFORMATION
All links provided by CHANGYOU on its platform-related pages may link to websites of other individuals, companies or organizations. The purpose of providing such websites is to facilitate users to search for or obtain information on their own. CHANGYOU does not guarantee the authenticity, completeness, timeliness or credibility of the products, services or information provided by the websites of the linked individuals, companies or organizations; there is no such thing as any of these individuals, companies or organizations and CHANGYOU. Employment, appointment, agency, partnership or other similar relationship.
CHANGYOU may publish commercial advertisements or other promotional information in relevant locations during the provided platform and related services. The content of these advertising or promotional information is provided by the advertiser, the goods or the service provider and is responsible. CHANGYOU is only the medium for advertising information. The goods or services purchased by the user through the website or the website linked to it, the transaction behavior is only between the user and the product or service provider, and has nothing to do with CHANGYOU.
12. COMPENSATION
Any direct or indirect damage or loss of profits to CHANGYOU and its affiliates, servants, trustees, agents, other relevant performance assistants or any other third party if you violate national laws and regulations or these Terms (including but not limited to litigation costs, legal fees, actual losses incurred by legal proceedings, administrative procedures, etc.), the user shall be liable for damages.
13. VIRTUAL CURRENCY, VIRTUAL ITEMS, CREDITS, SUBSCRIPTIONS AND CHANGYOU POINTS.
Within certain Services, CHANGYOU may offer You the possibility of ordering certain subscriptions, in-game virtual currency or additional content such as in-game items, customization elements, maps, building accelerations, avatars which, once added to Your Account, can be used to maximize Your experience within the game or within the application. You will need to have an Account to be able to purchase and use such subscriptions, in-game virtual currency or additional content. Additionally, we may offer a system enabling you to obtain points if you use Services, if you download Additional Contentor if you participate in certain games and activities proposed by the Services (the "Points System"). You may exchange these points for additional content which we offer under the Points System. We reserve the right to modify the Terms or eliminate any or all of the Points Systems at any time entirely at its own discretion, under the terms specified in Article 1 above.
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may revise the pricing for Virtual Currency or Virtual Items, or any other items offered through the Services, at any time.
YOU ACKNOWLEDGE THAT CHANGYOU IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY OR VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
14. NOTICE
We may notify you via postings and via e-mail to or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the CHANGYOU Privacy Policy shall be in writing and addressed to: [ Suite 1970, Level 19, Two International Finance Centre, 8 Finance Street, Central, Hong Kong] or via e-mail to[shadowbane@cyou-inc.com]. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
15. FORCE MAJEURE
Neither Party shall be liable for any failure, deficiency or delay in the performance of its obligations under these Terms due to any force majeure, but the party’s failure to promptly notify the other party in writing or failure to take measures to prevent loss expansion under the responsibility of the party.
16. APPLICABLE LAW AND DISPUTE RESOLUTION
If any dispute shall arise in connection with these Terms, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at [http://bbs.shadowbane.com]. Unless otherwise stipulated by applicable laws, these Terms shall be governed by the laws of the Hong Kong, as an agreement wholly performed, negotiated and executed therein without regard to Hong Kong’s conflict of law rules. Any disputes relating in any way to or arising under or out of your use of the Game or these Terms shall be binding upon the arbitration held by the China International Economic and Trade Arbitration Commission (“CIETAC”).
17. Miscellaneous
17.1 Transfer.
You agree that we may transfer all or a part of our rights or obligations under these Terms to a third party upon prior notice to you.
17.2 Entire agreement
These Terms sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.
17.3 Severability
If, but only to the extent that, any provision of these Terms is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that these Terms will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of these Terms are not affected and are capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
17.4 Waivers of our rights
The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of these Terms shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to these Terms and duly signed by us.
17.5 Contact Us
If you have any further questions these Terms or the privacy practices of us, please contact us via the contact information in the Game or on the official website of the Game.
CHANGYOU PRIVACY POLICY
Last revised: [May 18, 2019]
Welcome to CHANGYOU. This Privacy Policy explains our privacy commitment to our players and users of our Services (hereinafter "Users"). This Privacy Policy is incorporated as part of the CHANGYOU Terms of Use.
At CHANGYOU, we collect personal data to support our products and services, while respecting all applicable laws, including but not limited to the Personal Information Protection and Electronic Documents Act (PIPEDA), and regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, directly applicable from May, 25th, 2018 (hereinafter, "General Data Protection Regulation", or "GDPR"). As defined in the GDPR, "personal data" means any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
By using CHANGYOU’s services, you authorize CHANGYOU and its affiliated companies (collectively, "CHANGYOU" or "we"), to process your personal data according to this Privacy Policy. If you do not accept the terms of this Privacy Policy, please refrain from using our online games or our games’ online functionalities, our websites, our mobile apps and any other online CHANGYOU products and services (hereinafter "Services").
1. WHEN DOES CHANGYOU COLLECT YOUR PERSONAL INFORMATION?
CHANGYOU collects and processes your personal information at different times when you interact with our Services. Generally, personal information is collected when:
a. you use a Service,
b. you create an Account,
c. you make a purchase within our Services,
d. you create user generated content,
e. you watch advertisements within our Services,
f. you sign up for a newsletter,
g. you contact CHANGYOU customer service and during technical support sessions,
h. you chat with other users of the Services,
i. you participate in a beta or otherwise download a patch or a demo, or
j. you share or otherwise contribute to our social media channels or other community websites.
Whatever the activity may be, we will only collect personal information to the extent necessary to provide you with the Services and fulfil your requests.
2. WHAT PERSONAL INFORMATION DOES CHANGYOU COLLECT?
2.1 When you use CHANGYOU services
2.1.1 While Browsing CHANGYOU websites
Cookies. CHANGYOU uses cookies on the Services. A "cookie" is a small bit of record-keeping information that web sites often store on a user's computer. Cookies are not intended to include people's names, or other information that is directly identifiable; rather, they are typically used to quickly identify a user's device and to "remember" things about the user's visit. CHANGYOU may set cookies for your web browser as you visit our websites, use our products, or visit a website where CHANGYOU provides ads, content or analytics. For example, CHANGYOU uses cookies to keep track of selected items in your shopping cart on our online store, and to remember your Account identifier. You can disable cookies or set your browser to alert you when cookies are being sent to your computer, although this may affect your ability to shop online or to access certain features of our Services. Each browser is different, so check the "Help" resources for your web browser to learn how to change your cookie preferences. In addition to CHANGYOU using cookies on our network of websites, CHANGYOU may allow certain partners to set and access their cookies on your computer. These companies’ use of cookies is subject to their own privacy policies, not the CHANGYOU Privacy Policy. Please review them carefully.
IP addresses. CHANGYOU also collects Internet Protocol (IP) addresses for safety and security reasons. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.
Other passively collected information. While browsing our sites, CHANGYOU may, on its own, or with the help of third party tools, collect non-personally identifiable information concerning your gaming hardware, habits, behaviors and use of our Services. CHANGYOU collects such information to better adapt our Services to users’ interests, and for a better quality of our Services. The information collected may contain the following, without limitation: device unique identity, including MAC address, console, mobile, tablet and console unique identifier or other device identifiers and settings, internet provider, carrier, operating system, hardware information, localization information, date and time spent on the Services, game scores, game metrics, achievements, rankings, time played and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information.
2.1.2 Registering on a CHANGYOU service
To access certain Services, you will need a CHANGYOU Account. During the creation of your Account, we will ask you to provide your user name, password, email address, date of birth (or age) and country of origin. This information is mandatory to create an Account. On other Services, CHANGYOU may ask you additional personal information relevant to the Service such as your phone number, home address, or geo-location information (for example, you will be asked your home address when purchasing a product within our online shop, in order for CHANGYOU to deliver the product to your home address).
2.1.3 Creating a CHANGYOU account
By creating a CHANGYOU Account, you agree to receive newsletter or adverts about CHANGYOU products, services, and sales. You can unsubscribe at any time by:
(a) contacting [http://bbs.shadowbane.com] or [shadowbane@cyou-inc.com] with your unsubscribe request; or
(b) sending your unsubscribe request to CHANGYOU, Attn:
[Suite 1970, Level 19, Two International Finance Centre, 8 Finance Street, Central, Hong Kong]
To access certain Services, you will need to give an additional consent to allow CHANGYOU to share some of your personal data with third parties, such as companies or organizations, which provide services and products you may be interested in. In this case, you can unsubscribe from third parties’ communications through the mechanisms provided by the third party.
2.1.4 Contacting CHANGYOU
CHANGYOU may ask for your first name, family name, e-mail address and your date of birth to answer your demands to the CHANGYOU Customer Support, to confirm any information or transaction on your CHANGYOU account, and to give you information regarding the Services (for instance, if you lose your password or if we make changes to the Terms of Use).
2.1.5 Participating to contests and sweepstakes
CHANGYOU may offer you the opportunity to participate in online surveys, questionnaires. To participate, you may need to provide your first name, your family name, e-mail address, date of birth, your address and country of residence. If you choose to participate in surveys and questionnaires, your personal data may be processed to allow you to participate, and for internal statistical use.
2.1.6 Interacting on forums
Whenever you participate or interact with other users on a forum, CHANGYOU collects the content of your communications, the time and the location of your activities, as well as your online ID and your IP address.
2.1.7 Advertisements
CHANGYOU uses third party ad-serving technologies that may collect information to provide behavioral and non-behavioral advertisements within our Services. The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number of views of an advertisement, device unique identifier or other device identifiers and settings, information about your use of the products and Services, other sites (including third party web pages and mobile Internet sites) you have viewed (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in-game location and length, and your response to the advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect this information, and may combine the information collected on other CHANGYOU Services with information collected from other third party websites, products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if CHANGYOU combines any of this information with personal data, CHANGYOU will treat this information as personal data pursuant to this Privacy Policy.
2.1.8 Social media and other third parties’ platforms
CHANGYOU may also collect personal information on third party social networks, platforms or services. By playing a CHANGYOU game through a social network or other third party platform, or by connecting to such a third party network, platform or service via one of our products and/or Services, you authorize CHANGYOU to (1) collect, store, and use, in accordance with this Privacy Policy, any and all personal information that you agreed the social network or third party platform could provide to CHANGYOU based on your settings on the social network or platform, and (2) share any and all of your personal information with the social network or other third party platform, through the social network/third party platform’s Application Programming Interface (API). You agree to this sharing when you connect with the third party network, platform or service via our products and/or services, and/or when you connect with, "accept" or "allow" (or similar terms) one of our applications through a social network, or other third party platform or service.
2.2 Whenever you play CHANGYOU games
2.2.1 Registering when activating a CHANGYOU game
If you play CHANGYOU games on a third-party console, your ID for this console will be disclosed to CHANGYOU, in order to let CHANGYOU create your CHANGYOU Account. You must have a CHANGYOU Account in order to access certain online features. From your console, CHANGYOU receives your username and your password, your e-mail address, your date of birth, and your country of residence.
2.2.2 Creation of user generated content
Some Services give you access to tools in order to allow you to create and/or share unique content. This User-Generated Content may be collected by CHANGYOU; this content may also contain your personal information or the personal information of others (for instance, your name, or a picture of you). Please exercise caution: CHANGYOU is not liable for any negative consequences linked to your disclosure of User-generated content.
2.2.3 In-game data collection
Whenever you use the Services, CHANGYOU may collect, store and process your in-game data, including but not limited to: your game scores, game metrics, achievements, rankings, time played and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. CHANGYOU will use this information to improve the Services, to personalize them to your interests, and otherwise upgrade your gaming experience. Any information collected by CHANGYOU in accordance with Article 1 of this Privacy Policy may also be used in an aggregated form to identify specific patterns regarding the use of our Services.
2.3 Online payment
For some Services, you may make purchases, whether you shop on CHANGYOU websites or directly in-game.
When you do this, you agree that CHANGYOU may share your personal data with third parties, companies, or organizations, which may collect and process your personal data in order to effectuate online credit card transactions, delivery, discounts, and promotional gifts.
To make a purchase on CHANGYOU store and process your online payment, you may be asked to provide the following information to a payment provider: your first name, your family name, your address, your e-mail address, your country of residence and your banking details, i.e. your credit card number, the name of the credit card owner, the expiration date and security code.
This information may be stored in CHANGYOU’s premises, or, when relevant, in the third parties’ premises. Such storage is necessary to allow CHANGYOU to manage internal accounts, checking, accounting, compliance, and for legal purposes, in accordance with Article 3 of this Privacy Policy.
You may be asked to give your telecommunications provider’s name, your cell phone model, and a valid phone number in order to provide you with purchasing instructions directly via your cell phone.
3. HOW DOES CHANGYOU USE MY PERSONAL DATA?
The information you submit to our Services is collected and used by CHANGYOU as set out in this Privacy Policy. In addition, CHANGYOU may use the submitted information to answer your demands, to send your order confirmations and other information regarding your CHANGYOU Account, to send you advertising or promotional materials, including information about special rebates, promotional offers and other events of interest, based on your preferences.
We also use your personal information for our internal marketing and demographic studies, so we can constantly improve the Services we provide you and to better meet your needs.
CHANGYOU may have to duplicate some of your personal data within its databases for technical reasons, or for any other reason indicated in this Privacy Policy. CHANGYOU may use your IP address and Console ID to enforce the CHANGYOU Terms of Use. In case of misuse of the Services by any User, CHANGYOU reserves the right to block such User’s CHANGYOU Account, IP address or console ID, as provided by licensed console manufacturers. CHANGYOU may use your date of birth or your age to control access to its forums and live chats, in accordance with the relevant laws. CHANGYOU does not monitor all chat communications on its services. However, CHANGYOU reserves the right, at its sole discretion and without notice, to modify or delete any communications on its service. CHANGYOU may use all data collected in the forums and chat logs to enforce its Terms, to carry out its legal obligations, and to protect its rights and the rights and safety of its affiliated companies, users, and employees. Your information may be disclosed to any relevant judiciary or administrative entity, in accordance with the relevant legal provisions.
3.1 Legal basis for your personal data collection and processing
CHANGYOU processes your personal data, wherever necessary:
- To provide you with the Services (creation of your CHANGYOU account, bug detection, fighting fraud, online payment, etc.)
- To offer the best possible experience to users, and improve the Services (in-game data analytics, etc). It is in CHANGYOU’s legitimate interest to process your data for these purposes.
- To provide you with supplementary services (custom content, etc.). In such case, CHANGYOU will ask for your consent before processing your personal data for this purpose.
3.2 Security
We take your privacy and the security of your personal information very seriously. To protect your personal information, CHANGYOU maintains appropriate safeguards to ensure the security, integrity and privacy of the information you have provided. We use robust security measures to protect personal information from loss, misuse and alteration. We use industry-standard practices such as encrypted communications, physically secured rooms, firewalls and password protection systems to safeguard the confidentiality of your personal information. In addition, we take reasonable steps to assure that third parties who collect personal information on our behalf provide sufficient protection of personal information, in addition to requiring their compliance with this Privacy Policy at all times. Please note, we will notify Users of a data breach pursuant to applicable law.
However, please note that no existing data transmission method on the web, or electronic storage, can guarantee the absolute security of your personal data. If your CHANGYOU accounts and personal data are protected by a password, you are responsible for ensuring this password’s confidentiality. Please do not disclose this password. If you share a computer with other people, please consider disconnecting from your accounts before allowing others to use your computer. Services may contain links leading to third party websites, such as but not limited to social media sites. Whenever you click on a link leading to a third party’s website, you agree to leave CHANGYOU Services as governed by this Privacy Policy, and you understand and agree that CHANGYOU does not control such third party’s website. CHANGYOU cannot guarantee that third parties’ websites will be governed by the same security and confidentiality obligations. CHANGYOU is not liable for the use of your personal data by these third parties. Please consider checking privacy policies of any service provider you transfer your personal data to.
DESPITE OUR REASONABLE EFFORTS TO KEEP YOUR PERSONAL INFORMATION SECURE, NO COMPANY CAN GUARANTEE THE SECURITY AND PRIVACY OF ITS SERVICES, INFORMATION AND OTHER DATA.
4. FOR HOW LONG DOES CHANGYOU KEEP MY PERSONAL DATA?
Unless relevant legal provisions mandate a different data retention period, CHANGYOU will store your personal data only as long as necessary to process it according to this Privacy Policy. For instance, we may retain certain information after you close your account for a period of time needed to protect CHANGYOU from legal claims. In this case, we will archive your personal data during the relevant statutory period of limitations.
5. WITH WHOM DOES CHANGYOU SHARE MY PERSONAL INFORMATION?
CHANGYOU does not disclose your personal data to any third party without your prior consent.
5.1 Sharing your personal data with CHANGYOU affiliated companies
CHANGYOU may share your personal information among the CHANGYOU group of companies. To the extent that our corporate affiliates and/or technical partners have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy.
5.2 Sharing your personal data with third parties
While browsing on CHANGYOU websites, or while using CHANGYOU Services, external providers may collect your personal data for and on behalf of CHANGYOU, and CHANGYOU may share some of your personal data with these partners to allow the functioning of the Services (such as Facebook, Google, Twitter, Yahoo and Windows). For example, these third parties may help deliver your purchases, provide discounts or offer products, promote the Services, perform electronic payment processing, and any other service that may be required by CHANGYOU. External providers must comply with this Privacy Policy when collecting your personal data. These external providers will share your personal data with no one other than CHANGYOU, and they may not use your data for their own independent marketing purposes, unless you consent to their privacy policy and terms directly.
5.3 Sharing your personal data with government authorities
In accordance with relevant laws, CHANGYOU may have to disclose your personal data to a judiciary or administrative entity, whenever such disclosure is deemed necessary for protecting or enforcing the legal rights of CHANGYOU, its Users, or third parties. Unless required by law, CHANGYOU will not be required to notify you of any such disclosure.
5.4 Sharing your personal data in case of mergers
In the unlikely event CHANGYOU’s business activities or shares are transferred partly or totally to any third party, such third parties may access your personal data. In this case, CHANGYOU may also allow your personal data to be transferred to the acquiring third party.
5.5 Transfers of personal data to third countries or outside the European Union
Please be aware that your personal information may be transferred to, stored in, and processed by affiliated companies, subcontractors and/or CHANGYOU partners, located in third countries/outside the European Union such as, but not limited to, United States, Canada and China. Some personal data recipients are located in countries that are not considered as ensuring an adequate protection level according to the EU Commission. In such case, CHANGYOU uses the strict framework of the EU Commission’s approved standard contractual clauses, which are available on the EU Commission website (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_fr/).
6. DOES CHANGYOU MAKE MY PERSONAL INFORMATION PUBLIC? WHO CAN SEE MY PERSONAL INFORMATION?
CHANGYOU Services may offer a public profile feature ("Public Profile") that allows you to publish information, including personal information, to the public Internet. Other than as stated on the applicable Public Profile site, the information you upload or input to your Public Profile will default to the privacy level you choose at sign-in, and you can choose to change the privacy settings at any time. By default, certain aspects of the Public Profile are set to "public". Those aspects of the Public Profile that are designated as "public" will be visible to everyone, potentially including people not registered within the CHANGYOU environment, and may be indexed and displayed through public search engines when someone searches for you. If you post your personal information to a Public Profile, including a video, image or photo, you should be aware that these may be viewed, collected, copied and/or used by other users without your consent.
We are not responsible for disclosure by other users of your Personal Information, including without limitation, videos, images or photos that you choose to make public on the CHANGYOU Services. Also, please remember that the Personal Information you provide to us as part of your Public Profile may reveal or allow others to identify aspects of your life that you may not choose to state on your Public Profile directly (for example, your picture may reveal your gender). Certain Services may feature a friend finder tool. By using our friend finder tools, you acknowledge that these tools will help you find your contacts, and will also allow your contacts to associate your CHANGYOU Account, other CHANGYOU accounts (if any), and related gaming entitlements, including games played on PC, mobile and console platforms with your social networking profile and/or email address. Your resulting friends' list, which may be accessible across CHANGYOU’s sites, will be subject to this Privacy Policy. Note that the friends that you choose to include on your friend list may be able to find and/or identify you in the context of different CHANGYOU products and Services, and may see the profiles and information you have made visible to them or to everyone. Similarly, CHANGYOU may also collect or receive information about you from other CHANGYOU users who choose to upload their emails and other contacts. This information will be stored by us and used primarily to help you and your friends connect.
7. MINORS
Once a child states that his/her age is under 16, he or she will be unable to register an account with us. We do not knowingly collect or store any personally identifiable information from children under the age of 16.
8. WHAT ARE MY RIGHTS?
You can access and update the contact information you gave us during registration (that is, your e-mail address or any other information that would directly enable us to contact you), by logging in and clicking the Edit Profile section. Additionally, You have a right to access, rectify, erase, object, or restrict processing for all your personal data processed by CHANGYOU, as well as the right of data portability. You can exercise these rights or terminate your CHANGYOU account by writing to CHANGYOU customer support, via the following website: [http://bbs.shadowbane.com ] or send an e-mail to [shadowbane@cyou-inc.com]. CHANGYOU will answer your request within a month following the receipt of your demand. CHANGYOU reserves the right to extend this delay up to three months if it necessary regarding the complexity of your demand, or based on the number of demands we receive. In such case, we will inform you of this extension within a month following the receipt of your demand. For any data processing activity requiring your consent (cookies, behavioral advertising…etc), you may withdraw your consent at any time. This withdrawal does not affect the lawfulness of any previous processing.
Do not Track: CHANGYOU does not currently respond to Do Not Track (DNT) settings in your browser.
Users under 18. If you are under 18 (eighteen) years old and desire that your information you have posted to a CHANGYOU public facing site be removed from such site, please contact us at [http://bbs.shadowbane.com]or at [shadowbane@cyou-inc.com]. You may be required to provide additional information in order for us to verify your request. Please note, if information is deleted from our commercial databases and/or view by members of the public, CHANGYOU may still retain your information in our files, to resolve disputes, enforce our Terms of Use or other User agreements, and due to technical and legal requirements and constraints related to the security, integrity and operation of our Services. Your request will be processed within thirty (30) days of the date of which we receive it.
9. PRIVACY POLICY CHANGES
CHANGYOU reserves the right to modify this Privacy Policy at any time. As a result, please consider checking this Privacy Policy from time to time.
Your use of the Services after CHANGYOU changed this Privacy Policy shall signify that you agree with these changes. If you do not accept changes made to this Privacy Policy, please refrain from using the Services.
10. CONTACTS
For any question related to your personal data processing and this Privacy Policy, please contact CHANGYOU data protection officer at the following address: [shadowbane@cyou-inc.com].
You can also write us at the address below:
CHANGYOU Attn:
[Suite 1970, Level 19, Two International Finance Centre, 8 Finance Street, Central, Hong Kong]
Please be assured that any Personal Information that you provide in communications to the above email and postal mail addresses will not be used to send you promotional materials, unless you request it.
Last revised: [ May 18, 2020]
These Terms of Use (the "Terms") sets forth the agreement between by [Changyou.com HK Limited] and any one of its parent, subsidiary or affiliated companies and each user ("You" or "User"). The Terms govern your use of CHANGYOU’s online and mobile games, applications and services, including the online functions of multimedia products, the websites and mobile sites (collectively "websites"), servers, software and the framework through which these services are provided (collectively, the "Services"). You should read these Terms carefully as they set out the basis on which we make the Services available. CHANGYOU's Privacy Policy is an integral part of these Terms and is integrated into them by reference. You confirm that you have consulted and accepted the terms of CHANGYOU's Privacy Policy.
You understand and agree that your download behavior, installation, use, login, etc. are deemed to have been read and agreed to be bound by the Terms.
By registering for an Account or otherwise using the Service, you represent that you are age 16 or older. If you are between the ages of 16 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
CHANGYOU reserves the right to change, modify, add, or delete clauses in these Terms at any time, in accordance with the procedures described below in Article 5. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms have been modified, you are agreeing to such modifications. Add this page to your bookmarks and consult this site regularly to find out about any updates to the Terms.
1. GRANT OF A LIMITED LICENSE RIGHTS
Subject to your agreement and continuing compliance with these Terms of Use and any other relevant CHANGYOU policies, CHANGYOU grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
This service means that you can enjoy CHANGYOU's paid or free online games and other services after you register an account and get password or become a user of the CHANGYOU’s Service. You can install and use a copy of the CHANGYOU online game on the electronic device such as the computer they are using, and obtain the license (account number and password) through the paid or free registration method provided by CHANGYOU, and then you can play game through connect with the server provided or licensed by CHANGYOU. Any other type of installation, use, access, display, operation, and transfer by you without any permission to travel will be considered a violation of the Terms.
2. PERSONAL INFORMATION PROTECTION
Use of the Services is subject to the terms of our privacy policy ("Privacy Policy"), which is incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using the Services, you acknowledge that you have read, and you agree to be bound by, the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services, account registration, and any other personal information provided by you in accordance with our Privacy Policy.
CHANGYOU respects and protects your personal information registered and retained on the online game platform. CHANGYOU will not actively disclose, edit, and disclose any your information without your consent, or any other purpose.
CHANGYOU may disclose, or provide your information to third parties under the following circumstances and shall not be held liable:
a. Must be disclosed in accordance with laws and regulations;
b. The judicial department or other authority authorized by law to provide it in accordance with legal procedures;
c. In the event of an emergency, to protect the rights of users, other third parties or the public;
d. To protect the legitimate rights and interests of CHANGYOU;
e. Other circumstances in which it is necessary to disclose, edit or disclose user information.
During you using the CHANGYOU’s service, a third party may illegally intercept, steal or obtain your information. CHANGYOU will try to take reasonable defense measures to prevent the above risks, but CHANGYOU does not promise that the above risks can be absolutely avoided, and will not bear any responsibility for the occurrence of the above risks.
3. RULES OF CONDUCT
CHANGYOU reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. CHANGYOU reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
a. You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself, you shall not use the Service if you have previously been removed by CHANGYOU, or previously been banned from playing any CHANGYOU game.
b. You shall use your Account only for non-commercial purposes; you shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
c. Engage in any act that CHANGYOU deems to be in conflict with the spirit or intent of the Service or make improper use of CHANGYOU's support services or access the Services by means other than those provided by CHANGYOU.
d. Modify or cause to be modified any files that are a part of the Service or any CHANGYOU game without CHANGYOU's express written consent.
e. Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing CHANGYOU's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
f. Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
g. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
h. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
i. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another.
j. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a CHANGYOU employee.
k. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any CHANGYOU game, or to obtain any information from the Service or any CHANGYOU game using any method not expressly permitted by CHANGYOU.
l. Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
m. harm minors in any way;
n. arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Content by any means without CHANGYOU's express prior permission;
o. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above;
p. transmit or propagate any virus, Trojan, worm, bomb, corrupted file and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in or be involved in any way in an attack on CHANGYOU's servers and/or the Services and/or those of its service providers and partners;
q. impersonate any person or entity, including, but not limited to a representative of CHANGYOU, or falsely state or otherwise misrepresent your affiliation with a person or entity.
4. ACCESS AND TERMS SPECIFIC TO MINORS (AND CHILDREN UNDER 16)
If you are a minor, you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate through the Services and fulfill the obligations set forth in these Terms.
If you are a parent or guardian, CHANGYOU recommends that you monitor your children's online activities. To protect your children’s privacy, CHANGYOU advises you to check that your children never disclose their personal data without your prior consent. CHANGYOU's policies related to the collection and use of information from minors (and children under the age of 16) is further described in our Privacy Policy. Unless stated specifically to the contrary on the applicable CHANGYOU site, CHANGYOU’S Services are not intended for children under 16 (each a "Child" and collectively, "Children").
In all cases, use of the Services by minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them. AS FAR AS IS PERMITTED BY APPLICABLE LEGISLATION, CHANGYOU DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS.
IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO RESISTER FOR ONE OR OTHER OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
5. UPDATING OF SERVICE AND TERMS
5.1 Modification of Terms
CHANGYOU reserves the right to change, modify, add or delete the clauses of these Terms and other notices contained on the CHANGYOU Services, at any time, temporarily or permanently and entirely at its own discretion.
CHANGYOU will inform you of any change, modification, addition or deletion to these Terms by posting, on the website of the Services concerned by these Terms, a notification informing the User of the occurrence of the change, modification, addition or deletion. Any change, modification, addition or deletion will come into force five (5) working days after the publication of said notification. If you do not agree to the changes made to these Terms, you may close your Account in accordance with Article 16. You therefore undertake to check any modifications regularly and to comply with them fully. Any use of the Services subsequent to updates and/or modifications implies acceptance of the Terms thus updated and modified.
5.2 Modification of Prices
CHANGYOU reserves the right to (1) modify the prices of the Services indicated on the websites of the Services concerned and (2) modify a Service from a paid Service to a free to play Service, on the understanding that the new price (if any) is applied only to orders placed after the new price has come into effect.
During your period of subscription, CHANGYOU reserves the right, entirely at its own discretion, to modify the price of subscriptions to its games and Services and/or remove the price of subscriptions to its games and Services. In this case, in addition to any other notifications CHANGYOU may choose in its sole discretion, CHANGYOU will indicate these modifications on the websites of the Services concerned at least two (2) weeks before the modification. Any new modification will come into effect only when/if your subscription is renewed.
5.3 Modification of Access to Services and Content
CHANGYOU may modify the Content for any reason or without any specific reason, at any time, particularly for reasons linked to technical changes. In particular, CHANGYOU may deem it necessary to carry out updates, maintenance operations and/or resets to improve and/or optimize the games and Services. Such updates, maintenance operations and/or resets are liable to affect the games, the Services and/or your acquired rights or any other related element, or to result in setbacks for you in the game environment. The products updated or modified in accordance with this Article are subject to the guarantees indicated above. Lastly, CHANGYOU reserves the right to (a) restrict access to all or part of the Services for any User and/or (b) delete all or part of the Services, entirely at its own discretion.
5.4 Supplementary Contents
During your period of subscription to certain Services, CHANGYOU reserves the right, entirely at its own discretion, to make supplementary content available to all subscribers in the form of updates. However, your subscription does not give you any entitlement concerning extensions which are distributed and/or sold separately from the original version of the video game(s) you have purchased.
6. SUSPENSION OR TERMINATION
These Terms are effective unless and until terminated by either you or CHANGYOU. CHANGYOU reserves the right to suspend or terminate all or part of the Service to you at any time if you notify CHANGYOU in writing not to accept this Terms or to amend it.
Upon any termination of the Terms, you must promptly uninstall any applications and destroy all materials downloaded or otherwise obtained from the Services. You have no property rights in any achievements, virtual items and/or virtual currency. Any fees paid hereunder are non-refundable.
If you are unable to continue to use the Service due to force majeure factors or if CHANGYOU is unable to provide the Service, either party has the right to terminate the Agreement at any time.
6.1 Termination of Your Account or Access to the Services at CHANGYOU'S initiative.
CHANGYOU may suspend or close your Account and/or your ability to use one or more Services or part of the Services, at any time, automatically and without any judicial formality for the following reasons:
a. you claim to be any other person or entity or present your identity inaccurately;
b. you do not comply with these Terms or any special condition relating to a particular Service or Services;
c. you are in breach of your legal or contractual obligations;
d. you infringe a third party's copyrights;
e. or for any other reason.
If you have more than one Account, CHANGYOU reserves the right to delete all the Accounts you have opened.
6.2 Termination of the Account and/or a subscription on your initiative.
You may terminate your Account or a subscription to a particular Service or Services at any time, automatically and without any judicial formality, by contacting CHANGYOU'S customer service department at the following address: [shadowbane@cyou-inc.com]. If you do not accept these Terms, you may not use the Services and you must send CHANGYOU a request to terminate your Account and/or the corresponding subscriptions. Note that there will be no total or partial refund for the sums already paid for the current subscription period if you decide to end your subscription. In addition, it is up to you to pay all sums owed to other sellers of suppliers of Contents before the termination of your Account. All arrears or unpaid costs and other unresolved problems with the Services must be settled before any opening of a new Account. Subject to compliance with the termination procedure indicated above, the termination of your Account and/or your subscription will come into force within a reasonable period of time after receipt of your letter by CHANGYOU's customer service department.
6.3 Consequences of Termination of the Account.
You can lose your user name and persona in the service as a result of account termination or limitation，as well as any benefit, privileges and purchased items associated with your use of the service, and CHANGYOU under no obligation to compensation you for any such losses or results.
In the event of termination or suspension of your Account, you will lose, and CHANGYOU may delete, your profile and the related information you have passed on to CHANGYOU, together with any user generated content you may have published, uploaded or made available on the Services, notably, without limitation, your User names and avatars. However, CHANGYOU reserves the right to store your profile and any of the aforementioned Content on its servers for a reasonable period of time. In the event of termination of your Account, you must immediately cease all use of the Services and destroy any related documentation on any medium. You also must promptly uninstall any Applications. In the event of termination of your Account, you will not be able to participate in the Service(s) again without CHANGYOU's express permission. In the event of termination of your Account or of a Service or Services associated with your Account, all achievements, virtual items and/or virtual currency that you have acquired may, in our sole discretion, be terminated or forfeited. You have no property rights in any achievements, virtual items and/or virtual currency. Any fees paid hereunder are non-refundable.
Articles 8, 9, 10 shall survive the termination of these Terms.
CHANGYOU may limit, suspend, terminate, modify, or delete accounts or access to the service or portions thereof if you are, or CHANGYOU suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service, with or without notice to you.
After CHANGYOU suspends or terminates your service due to your breach of the agreement, you still register the account directly or indirectly, or in the name of another person, CHANGYOU reserves the right to suspend or terminate unilaterally.
7. INTELLECTUAL PROPERTY
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a CHANGYOU game client, and the CHANGYOU game clients and server software) are owned by CHANGYOU, its parent company or its licensors, and are subject to and protected by international copyright and other intellectual property laws and rights. CHANGYOU reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
CHANGYOU has the ownership of all the content that appears in the service and the game, and has the right to use all the content that appears in the service and the game in a licensed or other way. Changsha has the right to decide whether to retain or not retain all or part of the data on the server without affecting the normal reception of the service.
CHANGYOU does not recognize the results of transactions generated by offline transactions outside the CHANGYOU platform. Game props obtained by users through offline trading activities outside the game platform will be considered as sources that do not conform to the rules of the game.
8. RISK TAKING
YOU AGREE THAT YOUR USE OF THE GAMES AND SERVICES OF THE CHANGYOU PLATFORM IS AN INDIVIDUAL'S BEHAVIOR AND IS WILLING TO BEAR ANY RISKS ARISING FROM YOUR OWN FAULT. INCLUDING, BUT NOT LIMITED TO, DAMAGE TO THE COMPUTER SYSTEM BY IMPROPERLY EXECUTING OR DOWNLOADING THE GAME OR PROFILE, OR THE LOSS OF ANY DATA, ETC.
CHANGYOU DOES NOT REPRESENT OR WARRANT THE CORRECTNESS OR RELIABILITY OF ANY CONTENT, INFORMATION OR ADVERTISEMENTS CONTAINED, TRANSMITTED OR LINKED, DOWNLOADED OR OBTAINED FROM ANY RELATED SERVICES; AND PURCHASES FOR ADVERTISEMENTS AND DISPLAYS POSTED BY USERS. AND FOR ANY PRODUCTS, INFORMATION OR MATERIALS THAT YOU PURCHASE AND OBTAIN DURING THE ADVERTISEMENTS AND DISPLAYS PUBLISHED BY CHANGYOU, CHANGYOU DOES NOT UNDERTAKE THE GUARANTEE RESPONSIBILITY.
9. EXEMPTION OF LIABILITIES
CHANGYOU DOES NOT ASSUME ANY EXPRESS OR IMPLIED WARRANTY OR LIABILITY FOR THE GAMES AND RELATED SERVICES PROVIDED ON ITS PLATFORM. HOWEVER, CHANGYOU WILL DO ITS UTMOST TO ADOPT THE EXISTING TECHNICAL TO AVOID THE ABOVE-MENTIONED MATTERS AS MUCH AS POSSIBLE, BUT CHANGYOU DOES NOT GUARANTEE THAT THE ABOVE MATTERS WILL BE AVOIDED, AND WILL NOT BE LIABLE FOR ANY PROBLEMS ARISING THEREFROM.
10. LIMITATION OF LIABILITY FOR COMPENSATION
CHANGYOU SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSS OF PROFITS CAUSED BY YOUR IMPROPER USE OF CHANGYOU PLATFORM'S GAMES AND RELATED SERVICES OR ANY DIRECT, INDIRECT, DERIVATIVE, SPECIAL OR HIDDEN DAMAGES ARISING UNDER THE ABOVE CIRCUMSTANCES. IF THE LIABILITY FOR DAMAGES CANNOT BE COMPLETELY RULED OUT ACCORDING TO LAW, YOU MAY NOT USE THE VIRTUAL GOODS OR POINTS IN YOUR ACCOUNT OR ACCOUNT AS THE COMPENSATION STANDARD. THE LIABILITY FOR CHANGYOU IS ONLY BASED ON THE GAMES AND RELATED SERVICES RECORDED BY CHANGYOU PLATFORM. THE EFFECTIVE PRICE PAID BY CHANGYOU IS LIMITED.
11. LINKS AND ADVERTISING INFORMATION
All links provided by CHANGYOU on its platform-related pages may link to websites of other individuals, companies or organizations. The purpose of providing such websites is to facilitate users to search for or obtain information on their own. CHANGYOU does not guarantee the authenticity, completeness, timeliness or credibility of the products, services or information provided by the websites of the linked individuals, companies or organizations; there is no such thing as any of these individuals, companies or organizations and CHANGYOU. Employment, appointment, agency, partnership or other similar relationship.
CHANGYOU may publish commercial advertisements or other promotional information in relevant locations during the provided platform and related services. The content of these advertising or promotional information is provided by the advertiser, the goods or the service provider and is responsible. CHANGYOU is only the medium for advertising information. The goods or services purchased by the user through the website or the website linked to it, the transaction behavior is only between the user and the product or service provider, and has nothing to do with CHANGYOU.
12. COMPENSATION
Any direct or indirect damage or loss of profits to CHANGYOU and its affiliates, servants, trustees, agents, other relevant performance assistants or any other third party if you violate national laws and regulations or these Terms (including but not limited to litigation costs, legal fees, actual losses incurred by legal proceedings, administrative procedures, etc.), the user shall be liable for damages.
13. VIRTUAL CURRENCY, VIRTUAL ITEMS, CREDITS, SUBSCRIPTIONS AND CHANGYOU POINTS.
Within certain Services, CHANGYOU may offer You the possibility of ordering certain subscriptions, in-game virtual currency or additional content such as in-game items, customization elements, maps, building accelerations, avatars which, once added to Your Account, can be used to maximize Your experience within the game or within the application. You will need to have an Account to be able to purchase and use such subscriptions, in-game virtual currency or additional content. Additionally, we may offer a system enabling you to obtain points if you use Services, if you download Additional Contentor if you participate in certain games and activities proposed by the Services (the "Points System"). You may exchange these points for additional content which we offer under the Points System. We reserve the right to modify the Terms or eliminate any or all of the Points Systems at any time entirely at its own discretion, under the terms specified in Article 1 above.
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may revise the pricing for Virtual Currency or Virtual Items, or any other items offered through the Services, at any time.
YOU ACKNOWLEDGE THAT CHANGYOU IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY OR VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
14. NOTICE
We may notify you via postings and via e-mail to or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the CHANGYOU Privacy Policy shall be in writing and addressed to: [ Suite 1970, Level 19, Two International Finance Centre, 8 Finance Street, Central, Hong Kong] or via e-mail to[shadowbane@cyou-inc.com]. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
15. FORCE MAJEURE
Neither Party shall be liable for any failure, deficiency or delay in the performance of its obligations under these Terms due to any force majeure, but the party’s failure to promptly notify the other party in writing or failure to take measures to prevent loss expansion under the responsibility of the party.
16. APPLICABLE LAW AND DISPUTE RESOLUTION
If any dispute shall arise in connection with these Terms, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at [http://bbs.shadowbane.com]. Unless otherwise stipulated by applicable laws, these Terms shall be governed by the laws of the Hong Kong, as an agreement wholly performed, negotiated and executed therein without regard to Hong Kong’s conflict of law rules. Any disputes relating in any way to or arising under or out of your use of the Game or these Terms shall be binding upon the arbitration held by the China International Economic and Trade Arbitration Commission (“CIETAC”).
17. Miscellaneous
17.1 Transfer.
You agree that we may transfer all or a part of our rights or obligations under these Terms to a third party upon prior notice to you.
17.2 Entire agreement
These Terms sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.
17.3 Severability
If, but only to the extent that, any provision of these Terms is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that these Terms will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of these Terms are not affected and are capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
17.4 Waivers of our rights
The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of these Terms shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to these Terms and duly signed by us.
17.5 Contact Us
If you have any further questions these Terms or the privacy practices of us, please contact us via the contact information in the Game or on the official website of the Game.
CHANGYOU PRIVACY POLICY
Last revised: [May 18, 2019]
Welcome to CHANGYOU. This Privacy Policy explains our privacy commitment to our players and users of our Services (hereinafter "Users"). This Privacy Policy is incorporated as part of the CHANGYOU Terms of Use.
At CHANGYOU, we collect personal data to support our products and services, while respecting all applicable laws, including but not limited to the Personal Information Protection and Electronic Documents Act (PIPEDA), and regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, directly applicable from May, 25th, 2018 (hereinafter, "General Data Protection Regulation", or "GDPR"). As defined in the GDPR, "personal data" means any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
By using CHANGYOU’s services, you authorize CHANGYOU and its affiliated companies (collectively, "CHANGYOU" or "we"), to process your personal data according to this Privacy Policy. If you do not accept the terms of this Privacy Policy, please refrain from using our online games or our games’ online functionalities, our websites, our mobile apps and any other online CHANGYOU products and services (hereinafter "Services").
1. WHEN DOES CHANGYOU COLLECT YOUR PERSONAL INFORMATION?
CHANGYOU collects and processes your personal information at different times when you interact with our Services. Generally, personal information is collected when:
a. you use a Service,
b. you create an Account,
c. you make a purchase within our Services,
d. you create user generated content,
e. you watch advertisements within our Services,
f. you sign up for a newsletter,
g. you contact CHANGYOU customer service and during technical support sessions,
h. you chat with other users of the Services,
i. you participate in a beta or otherwise download a patch or a demo, or
j. you share or otherwise contribute to our social media channels or other community websites.
Whatever the activity may be, we will only collect personal information to the extent necessary to provide you with the Services and fulfil your requests.
2. WHAT PERSONAL INFORMATION DOES CHANGYOU COLLECT?
2.1 When you use CHANGYOU services
2.1.1 While Browsing CHANGYOU websites
Cookies. CHANGYOU uses cookies on the Services. A "cookie" is a small bit of record-keeping information that web sites often store on a user's computer. Cookies are not intended to include people's names, or other information that is directly identifiable; rather, they are typically used to quickly identify a user's device and to "remember" things about the user's visit. CHANGYOU may set cookies for your web browser as you visit our websites, use our products, or visit a website where CHANGYOU provides ads, content or analytics. For example, CHANGYOU uses cookies to keep track of selected items in your shopping cart on our online store, and to remember your Account identifier. You can disable cookies or set your browser to alert you when cookies are being sent to your computer, although this may affect your ability to shop online or to access certain features of our Services. Each browser is different, so check the "Help" resources for your web browser to learn how to change your cookie preferences. In addition to CHANGYOU using cookies on our network of websites, CHANGYOU may allow certain partners to set and access their cookies on your computer. These companies’ use of cookies is subject to their own privacy policies, not the CHANGYOU Privacy Policy. Please review them carefully.
IP addresses. CHANGYOU also collects Internet Protocol (IP) addresses for safety and security reasons. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.
Other passively collected information. While browsing our sites, CHANGYOU may, on its own, or with the help of third party tools, collect non-personally identifiable information concerning your gaming hardware, habits, behaviors and use of our Services. CHANGYOU collects such information to better adapt our Services to users’ interests, and for a better quality of our Services. The information collected may contain the following, without limitation: device unique identity, including MAC address, console, mobile, tablet and console unique identifier or other device identifiers and settings, internet provider, carrier, operating system, hardware information, localization information, date and time spent on the Services, game scores, game metrics, achievements, rankings, time played and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information.
2.1.2 Registering on a CHANGYOU service
To access certain Services, you will need a CHANGYOU Account. During the creation of your Account, we will ask you to provide your user name, password, email address, date of birth (or age) and country of origin. This information is mandatory to create an Account. On other Services, CHANGYOU may ask you additional personal information relevant to the Service such as your phone number, home address, or geo-location information (for example, you will be asked your home address when purchasing a product within our online shop, in order for CHANGYOU to deliver the product to your home address).
2.1.3 Creating a CHANGYOU account
By creating a CHANGYOU Account, you agree to receive newsletter or adverts about CHANGYOU products, services, and sales. You can unsubscribe at any time by:
(a) contacting [http://bbs.shadowbane.com] or [shadowbane@cyou-inc.com] with your unsubscribe request; or
(b) sending your unsubscribe request to CHANGYOU, Attn:
[Suite 1970, Level 19, Two International Finance Centre, 8 Finance Street, Central, Hong Kong]
To access certain Services, you will need to give an additional consent to allow CHANGYOU to share some of your personal data with third parties, such as companies or organizations, which provide services and products you may be interested in. In this case, you can unsubscribe from third parties’ communications through the mechanisms provided by the third party.
2.1.4 Contacting CHANGYOU
CHANGYOU may ask for your first name, family name, e-mail address and your date of birth to answer your demands to the CHANGYOU Customer Support, to confirm any information or transaction on your CHANGYOU account, and to give you information regarding the Services (for instance, if you lose your password or if we make changes to the Terms of Use).
2.1.5 Participating to contests and sweepstakes
CHANGYOU may offer you the opportunity to participate in online surveys, questionnaires. To participate, you may need to provide your first name, your family name, e-mail address, date of birth, your address and country of residence. If you choose to participate in surveys and questionnaires, your personal data may be processed to allow you to participate, and for internal statistical use.
2.1.6 Interacting on forums
Whenever you participate or interact with other users on a forum, CHANGYOU collects the content of your communications, the time and the location of your activities, as well as your online ID and your IP address.
2.1.7 Advertisements
CHANGYOU uses third party ad-serving technologies that may collect information to provide behavioral and non-behavioral advertisements within our Services. The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number of views of an advertisement, device unique identifier or other device identifiers and settings, information about your use of the products and Services, other sites (including third party web pages and mobile Internet sites) you have viewed (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in-game location and length, and your response to the advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect this information, and may combine the information collected on other CHANGYOU Services with information collected from other third party websites, products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if CHANGYOU combines any of this information with personal data, CHANGYOU will treat this information as personal data pursuant to this Privacy Policy.
2.1.8 Social media and other third parties’ platforms
CHANGYOU may also collect personal information on third party social networks, platforms or services. By playing a CHANGYOU game through a social network or other third party platform, or by connecting to such a third party network, platform or service via one of our products and/or Services, you authorize CHANGYOU to (1) collect, store, and use, in accordance with this Privacy Policy, any and all personal information that you agreed the social network or third party platform could provide to CHANGYOU based on your settings on the social network or platform, and (2) share any and all of your personal information with the social network or other third party platform, through the social network/third party platform’s Application Programming Interface (API). You agree to this sharing when you connect with the third party network, platform or service via our products and/or services, and/or when you connect with, "accept" or "allow" (or similar terms) one of our applications through a social network, or other third party platform or service.
2.2 Whenever you play CHANGYOU games
2.2.1 Registering when activating a CHANGYOU game
If you play CHANGYOU games on a third-party console, your ID for this console will be disclosed to CHANGYOU, in order to let CHANGYOU create your CHANGYOU Account. You must have a CHANGYOU Account in order to access certain online features. From your console, CHANGYOU receives your username and your password, your e-mail address, your date of birth, and your country of residence.
2.2.2 Creation of user generated content
Some Services give you access to tools in order to allow you to create and/or share unique content. This User-Generated Content may be collected by CHANGYOU; this content may also contain your personal information or the personal information of others (for instance, your name, or a picture of you). Please exercise caution: CHANGYOU is not liable for any negative consequences linked to your disclosure of User-generated content.
2.2.3 In-game data collection
Whenever you use the Services, CHANGYOU may collect, store and process your in-game data, including but not limited to: your game scores, game metrics, achievements, rankings, time played and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. CHANGYOU will use this information to improve the Services, to personalize them to your interests, and otherwise upgrade your gaming experience. Any information collected by CHANGYOU in accordance with Article 1 of this Privacy Policy may also be used in an aggregated form to identify specific patterns regarding the use of our Services.
2.3 Online payment
For some Services, you may make purchases, whether you shop on CHANGYOU websites or directly in-game.
When you do this, you agree that CHANGYOU may share your personal data with third parties, companies, or organizations, which may collect and process your personal data in order to effectuate online credit card transactions, delivery, discounts, and promotional gifts.
To make a purchase on CHANGYOU store and process your online payment, you may be asked to provide the following information to a payment provider: your first name, your family name, your address, your e-mail address, your country of residence and your banking details, i.e. your credit card number, the name of the credit card owner, the expiration date and security code.
This information may be stored in CHANGYOU’s premises, or, when relevant, in the third parties’ premises. Such storage is necessary to allow CHANGYOU to manage internal accounts, checking, accounting, compliance, and for legal purposes, in accordance with Article 3 of this Privacy Policy.
You may be asked to give your telecommunications provider’s name, your cell phone model, and a valid phone number in order to provide you with purchasing instructions directly via your cell phone.
3. HOW DOES CHANGYOU USE MY PERSONAL DATA?
The information you submit to our Services is collected and used by CHANGYOU as set out in this Privacy Policy. In addition, CHANGYOU may use the submitted information to answer your demands, to send your order confirmations and other information regarding your CHANGYOU Account, to send you advertising or promotional materials, including information about special rebates, promotional offers and other events of interest, based on your preferences.
We also use your personal information for our internal marketing and demographic studies, so we can constantly improve the Services we provide you and to better meet your needs.
CHANGYOU may have to duplicate some of your personal data within its databases for technical reasons, or for any other reason indicated in this Privacy Policy. CHANGYOU may use your IP address and Console ID to enforce the CHANGYOU Terms of Use. In case of misuse of the Services by any User, CHANGYOU reserves the right to block such User’s CHANGYOU Account, IP address or console ID, as provided by licensed console manufacturers. CHANGYOU may use your date of birth or your age to control access to its forums and live chats, in accordance with the relevant laws. CHANGYOU does not monitor all chat communications on its services. However, CHANGYOU reserves the right, at its sole discretion and without notice, to modify or delete any communications on its service. CHANGYOU may use all data collected in the forums and chat logs to enforce its Terms, to carry out its legal obligations, and to protect its rights and the rights and safety of its affiliated companies, users, and employees. Your information may be disclosed to any relevant judiciary or administrative entity, in accordance with the relevant legal provisions.
3.1 Legal basis for your personal data collection and processing
CHANGYOU processes your personal data, wherever necessary:
- To provide you with the Services (creation of your CHANGYOU account, bug detection, fighting fraud, online payment, etc.)
- To offer the best possible experience to users, and improve the Services (in-game data analytics, etc). It is in CHANGYOU’s legitimate interest to process your data for these purposes.
- To provide you with supplementary services (custom content, etc.). In such case, CHANGYOU will ask for your consent before processing your personal data for this purpose.
3.2 Security
We take your privacy and the security of your personal information very seriously. To protect your personal information, CHANGYOU maintains appropriate safeguards to ensure the security, integrity and privacy of the information you have provided. We use robust security measures to protect personal information from loss, misuse and alteration. We use industry-standard practices such as encrypted communications, physically secured rooms, firewalls and password protection systems to safeguard the confidentiality of your personal information. In addition, we take reasonable steps to assure that third parties who collect personal information on our behalf provide sufficient protection of personal information, in addition to requiring their compliance with this Privacy Policy at all times. Please note, we will notify Users of a data breach pursuant to applicable law.
However, please note that no existing data transmission method on the web, or electronic storage, can guarantee the absolute security of your personal data. If your CHANGYOU accounts and personal data are protected by a password, you are responsible for ensuring this password’s confidentiality. Please do not disclose this password. If you share a computer with other people, please consider disconnecting from your accounts before allowing others to use your computer. Services may contain links leading to third party websites, such as but not limited to social media sites. Whenever you click on a link leading to a third party’s website, you agree to leave CHANGYOU Services as governed by this Privacy Policy, and you understand and agree that CHANGYOU does not control such third party’s website. CHANGYOU cannot guarantee that third parties’ websites will be governed by the same security and confidentiality obligations. CHANGYOU is not liable for the use of your personal data by these third parties. Please consider checking privacy policies of any service provider you transfer your personal data to.
DESPITE OUR REASONABLE EFFORTS TO KEEP YOUR PERSONAL INFORMATION SECURE, NO COMPANY CAN GUARANTEE THE SECURITY AND PRIVACY OF ITS SERVICES, INFORMATION AND OTHER DATA.
4. FOR HOW LONG DOES CHANGYOU KEEP MY PERSONAL DATA?
Unless relevant legal provisions mandate a different data retention period, CHANGYOU will store your personal data only as long as necessary to process it according to this Privacy Policy. For instance, we may retain certain information after you close your account for a period of time needed to protect CHANGYOU from legal claims. In this case, we will archive your personal data during the relevant statutory period of limitations.
5. WITH WHOM DOES CHANGYOU SHARE MY PERSONAL INFORMATION?
CHANGYOU does not disclose your personal data to any third party without your prior consent.
5.1 Sharing your personal data with CHANGYOU affiliated companies
CHANGYOU may share your personal information among the CHANGYOU group of companies. To the extent that our corporate affiliates and/or technical partners have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy.
5.2 Sharing your personal data with third parties
While browsing on CHANGYOU websites, or while using CHANGYOU Services, external providers may collect your personal data for and on behalf of CHANGYOU, and CHANGYOU may share some of your personal data with these partners to allow the functioning of the Services (such as Facebook, Google, Twitter, Yahoo and Windows). For example, these third parties may help deliver your purchases, provide discounts or offer products, promote the Services, perform electronic payment processing, and any other service that may be required by CHANGYOU. External providers must comply with this Privacy Policy when collecting your personal data. These external providers will share your personal data with no one other than CHANGYOU, and they may not use your data for their own independent marketing purposes, unless you consent to their privacy policy and terms directly.
5.3 Sharing your personal data with government authorities
In accordance with relevant laws, CHANGYOU may have to disclose your personal data to a judiciary or administrative entity, whenever such disclosure is deemed necessary for protecting or enforcing the legal rights of CHANGYOU, its Users, or third parties. Unless required by law, CHANGYOU will not be required to notify you of any such disclosure.
5.4 Sharing your personal data in case of mergers
In the unlikely event CHANGYOU’s business activities or shares are transferred partly or totally to any third party, such third parties may access your personal data. In this case, CHANGYOU may also allow your personal data to be transferred to the acquiring third party.
5.5 Transfers of personal data to third countries or outside the European Union
Please be aware that your personal information may be transferred to, stored in, and processed by affiliated companies, subcontractors and/or CHANGYOU partners, located in third countries/outside the European Union such as, but not limited to, United States, Canada and China. Some personal data recipients are located in countries that are not considered as ensuring an adequate protection level according to the EU Commission. In such case, CHANGYOU uses the strict framework of the EU Commission’s approved standard contractual clauses, which are available on the EU Commission website (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_fr/).
6. DOES CHANGYOU MAKE MY PERSONAL INFORMATION PUBLIC? WHO CAN SEE MY PERSONAL INFORMATION?
CHANGYOU Services may offer a public profile feature ("Public Profile") that allows you to publish information, including personal information, to the public Internet. Other than as stated on the applicable Public Profile site, the information you upload or input to your Public Profile will default to the privacy level you choose at sign-in, and you can choose to change the privacy settings at any time. By default, certain aspects of the Public Profile are set to "public". Those aspects of the Public Profile that are designated as "public" will be visible to everyone, potentially including people not registered within the CHANGYOU environment, and may be indexed and displayed through public search engines when someone searches for you. If you post your personal information to a Public Profile, including a video, image or photo, you should be aware that these may be viewed, collected, copied and/or used by other users without your consent.
We are not responsible for disclosure by other users of your Personal Information, including without limitation, videos, images or photos that you choose to make public on the CHANGYOU Services. Also, please remember that the Personal Information you provide to us as part of your Public Profile may reveal or allow others to identify aspects of your life that you may not choose to state on your Public Profile directly (for example, your picture may reveal your gender). Certain Services may feature a friend finder tool. By using our friend finder tools, you acknowledge that these tools will help you find your contacts, and will also allow your contacts to associate your CHANGYOU Account, other CHANGYOU accounts (if any), and related gaming entitlements, including games played on PC, mobile and console platforms with your social networking profile and/or email address. Your resulting friends' list, which may be accessible across CHANGYOU’s sites, will be subject to this Privacy Policy. Note that the friends that you choose to include on your friend list may be able to find and/or identify you in the context of different CHANGYOU products and Services, and may see the profiles and information you have made visible to them or to everyone. Similarly, CHANGYOU may also collect or receive information about you from other CHANGYOU users who choose to upload their emails and other contacts. This information will be stored by us and used primarily to help you and your friends connect.
7. MINORS
Once a child states that his/her age is under 16, he or she will be unable to register an account with us. We do not knowingly collect or store any personally identifiable information from children under the age of 16.
8. WHAT ARE MY RIGHTS?
You can access and update the contact information you gave us during registration (that is, your e-mail address or any other information that would directly enable us to contact you), by logging in and clicking the Edit Profile section. Additionally, You have a right to access, rectify, erase, object, or restrict processing for all your personal data processed by CHANGYOU, as well as the right of data portability. You can exercise these rights or terminate your CHANGYOU account by writing to CHANGYOU customer support, via the following website: [http://bbs.shadowbane.com ] or send an e-mail to [shadowbane@cyou-inc.com]. CHANGYOU will answer your request within a month following the receipt of your demand. CHANGYOU reserves the right to extend this delay up to three months if it necessary regarding the complexity of your demand, or based on the number of demands we receive. In such case, we will inform you of this extension within a month following the receipt of your demand. For any data processing activity requiring your consent (cookies, behavioral advertising…etc), you may withdraw your consent at any time. This withdrawal does not affect the lawfulness of any previous processing.
Do not Track: CHANGYOU does not currently respond to Do Not Track (DNT) settings in your browser.
Users under 18. If you are under 18 (eighteen) years old and desire that your information you have posted to a CHANGYOU public facing site be removed from such site, please contact us at [http://bbs.shadowbane.com]or at [shadowbane@cyou-inc.com]. You may be required to provide additional information in order for us to verify your request. Please note, if information is deleted from our commercial databases and/or view by members of the public, CHANGYOU may still retain your information in our files, to resolve disputes, enforce our Terms of Use or other User agreements, and due to technical and legal requirements and constraints related to the security, integrity and operation of our Services. Your request will be processed within thirty (30) days of the date of which we receive it.
9. PRIVACY POLICY CHANGES
CHANGYOU reserves the right to modify this Privacy Policy at any time. As a result, please consider checking this Privacy Policy from time to time.
Your use of the Services after CHANGYOU changed this Privacy Policy shall signify that you agree with these changes. If you do not accept changes made to this Privacy Policy, please refrain from using the Services.
10. CONTACTS
For any question related to your personal data processing and this Privacy Policy, please contact CHANGYOU data protection officer at the following address: [shadowbane@cyou-inc.com].
You can also write us at the address below:
CHANGYOU Attn:
[Suite 1970, Level 19, Two International Finance Centre, 8 Finance Street, Central, Hong Kong]
Please be assured that any Personal Information that you provide in communications to the above email and postal mail addresses will not be used to send you promotional materials, unless you request it.