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Terms of Service of Hero Entertainment
Welcome to use the entertainment services provided by Hero Entertainment. These Terms of Service, together with our Privacy Policy, game rules as well as any other documents and all supplemental terms and updates govern your use, purchases and downloading of our Games, Virtual Goods, User Generated Content (UGC), Websites and all services made available from time to time, unless we specifically state otherwise.
If you want to access, purchase or use our Game, we would like you to carefully read these Terms of Service, especially those specially highlighted by means of bolding, underlining or CAPITALIZED. By clicking Agree, Accept, Next, or accessing, using any of the Services, you accept and agree to this Terms of Service. If you do not agree to these Terms of Service, please do not access, purchase or use our Services.
1. Definition
1.1 "Hero Entertainment" refers to the Services provider that executed these Terms of Service with you, together with any affiliates or cooperative partners that may exist when you accept, access or use the Services, also called as "we" or “us” herein.
1.2 "User" refers to the user or player of entertainment services provided by us, and is also called as "you" in these Terms of Service.
1.3 "Services” or “Services of Hero Entertainment" refers to the entertainment services provided by us to you in accordance with this Terms of Service, including but not limited to access, use, purchases and downloading of our Games, Virtual Goods, User Generated Content (UGC), Websites and related online or offline services made available from time to time.
1.4 "The Agreement" refers to these Terms of Service, Privacy Policy, any game rules and any other terms and conditions entered into by and between you and us when you access, use or purchase our Services, including the current version and all supplemental terms of the above.
1.5 “Game” or “Games” refers to any games made available by us, whether existing now or in the future.
1.6 “Virtual Goods” refers to certain options we may offer within our Games by which you may improve your Game experience. You can buy Virtual Goods with legal currency or Tokens in some way subject to applicable foreign exchange control regulations in your jurisdiction. Virtual Goods include but not limited to, in-game currency (“Tokens”) where permitted under applicable law, character skins, mounts and vehicles, digital cards, experience boosts, gear, and other customization for your in-Game characters, and other such digital add-on goods.
1.7 User Generated Content (UGC) refers to any form of content generated by a user of the Services including remarks, suggestions, ideas, graphics, text, images, video, information and messages, social elements,while the derivative fruits users adapted from the Content of the Game or Services is not included. Please note that messages exchanged between users, whether in private in-game messaging or public forums are included within this definition.
1.8 “Game Content” refers to all artwork, titles, themes, objects, characters, names, dialogue, catch-phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, Virtual Goods and any other content within the Services. It also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services.
2. Eligibility and Registration
2.1 Eligibility and Age. To create a Game Account or access some of our Services, you must be at least the minimum age (“Minimum Age”) for any applicable laws, including related personal data collection laws in your country of residency. If you are between the Minimum Age and age of majority in your country of residency, you must reviewed these Terms of Service with your guardian(s) together and assure they have agreed to these Terms of Service on your behalf and they will take full responsibility for your compliance.
We may allow a minor under the Minimum Age to register for or enjoy certain Services (e.g. payment, if applicable ) with prior consent from his legal guardian to the extent permitted by applicable law. We may ask the legal guardian to provide additional documentation or perform additional actions as part of the verification and approval process pursuant to applicable law.
2.2 Registration. To use certain parts of our Services, you may be required to create an account with a third-party platform operator (for example, Facebook or Google account). In this case, we may access certain personal information that this third-party provides to help create your Game Account (“Game Account”). Please note that you are able to play the Game without creating a Game Account, but in such case, you may not be able to access certain parts of the Game or will confront with some troubles. For example, you may be unable to recharge, consume, update or uninstall the Game or the game data cannot be retained after reinstalling the game etc.
3. Game Account
3.1 Third-party Account. As your Game Account is created by means of a third-party platform account (as stipulated in Article 2.2), your behaviors are subject to both the rules of the third-party platform and these Terms of Service. You need to contact the third-party platform operator to solve the problems arising from your registration or use in relation to the third-party platform account, including but not limited to account registration, authentication, recharging, consumption, suspension,termination, theft or retrieval, etc.
3.2 No False Account. You are not allowed to use other’s account to register for Game Account without the written consent of others. We may stop your Account or take other measures in our discretion if we have reasonable grounds to believe that you have stolen someone else’ account or registration data without due authorization.
3.3 No Account Transactions. Hero Entertainment prohibits profitable or non-profitable transactions of Game Account between users, including selling, reselling, renting, leasing, sharing, borrowing or providing access to your Game Account to anyone else.
3.4 Well Keeping of Game Account. You accept that you will not disclose your Game Account to anyone, and will notify us immediately of any unauthorized use of your Game Account by email. You are responsible for all activities associated with your Game Account. You accept that Hero Entertainment will not be liable for the following: 1) Non-retrieval of your Game Account due to technical restrictions or multiple transfers of Virtual Goods; 2) Consumption or transfers of Virtual Goods in the Game Account, even if it has been retrieved.
4. Content of Service
4.1 License Grant. So long as you comply with these Terms of Service and third-party Agreement(s)(if applicable), we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to:
(1) Downloading，installing, upgrading the Games on the device permitted by the Agreement and third-party platforms Agreement(s) ;
(2) Accessing and Using of Game Content for personal entertainment purposes, such as registering a Game Account, running the Games; using character systems such as creating game characters and setting game nicknames; using combat systems such as opening game rooms and setting game parameters; using social systems such as chatting and social sharing functions; viewing and confirming game match results, viewing Game Content etc;
(3) Obtaining value-added services, such as purchase of game props, game equipment, game tokens as well as use of game transaction systems within the Games;
(4) Other services provided by Hero Entertainment.
Such rights are merely licensed to you and you do not acquire any ownership rights in the Services, Games and Virtual Goods or any other part of them other than the right to use the same under these Terms of Service.
4.2 Provision of Virtual Goods.
4.2.1 Purchasing or Obtaining Virtual Goods. Subject to applicable foreign exchange control regulations in your jurisdiction, we may offer Virtual Goods within our Games that you can buy with legal currency. VIRTUAL GOODS HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH AND ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. There may be limits to the quantity and number of times you can purchase Virtual Goods or other aspects of your transaction which we will notify you via notice or function of the Game.
4.2.2 Virtual Goods Consumption Order. Virtual Goods are basically obtained by purchase(‘’Purchased Virtual Goods”), however, you may also be able to obtain certain Virtual Goods without making a purchase, such as an in-Game award, additional Virtual Goods bonus. Please be aware that Virtual Goods are consumed in the following order: (1) if free Virtual Goods can not be distinguished from Purchased Virtual Goods, Purchased Virtual Goods will be consumed first; (2) Otherwise, it will be consumed in the order based on your actual usage.
4.2.3 No transfer between Games. Except as otherwise stated, Virtual Goods are not transferable from one Game to another.
4.2.4 Expiry Date Warning. You understand that Virtual Goods may have expiry date, so you need to use or consume them within a certain period. We will not be liable if such a case occurs when your Game Account is under restricted, disabled, suspended, banned, temporarily or permanently as a result of your failure to comply with the User Code of Conduct.
4.2.5 Restoration Event. In the event that when some game data need to be restored to a certain point in time due to an abnormality of the game server caused by our fault, during which period you may have used or consumed some Virtual Goods, you accept that we will only assume the obligation to restore or provide alternates for you based on consumption of Virtual Goods during that period.
4.3 Service Limits Based on Where You Live. We may restrict, modify, or limit your access to and use of certain Content, Virtual Goods, an entire Game, or Services in part or whole, depending on the territory in which you are located as a result of legal compliance or business purposes.
4.4 Rights Reserved. The rights not expressly permitted in the Terms of Service shall be deemed to be unlicensed and still reserved by us. If you need to exercise other rights, you must obtain written permission from us. If you have such needs, do not hesitate to contact us by email.
5. User Code of Conduct
5.1 Measures for Punishment. When you obtain a license granted by us, you must abide by the provisions of the User’s Code of Conduct in these Terms of Service, violation of which will lead to appropriate measures at our sole discretion.
Possible measures under these Terms of Service include making warnings, restricting or temporarily or permanently disabling, suspending, banning your Account, in part or whole, temporarily or permanently removing any content or Virtual Goods from your Account, etc. If your Account is disabled or banned, you will no longer be able to access your Account and any licenses previously granted to you to use our Games and Services will be either temporarily or permanently revoked. THIS MEANS YOU WILL LOSE YOUR ACCOUNT, CHARACTERS AND ANY IN-GAME Virtual Goods.
5.2 Don’ts for Users. You agree not to do any of the following:
(1) violate, or encourage any conduct that would violate any applicable law or regulation or would give rise to civil liability;
(2) be fraudulent, false, misleading or deceptive, including “trolling”;
(3) be defamatory, obscene, pornographic, violent, vulgar or offensive;
(4) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(5) be disruptive to the Game, App, its users or user community, be violent, bullying, or threatening or promotes violence, terrorism, extremism or actions that are threatening or disrespectful to any person or entity;
(6) infringe on the intellectual property rights and other legal rights of any third party;
(7) promote illegal or harmful activities or substances;
(8) use illegal fields or characters in the game, spread illegal speech and inappropriate information, or publish illegal information, etc;
(9) Steal others’ Game Accounts and Virtual Goods;
(10) Privately conduct transactions on game accounts, props, equipment, tokens and other Virtual Goods;
You acknowledge, understand and agree that you can only exchange or transfer the right to use the game accounts, props, equipment, tokens and other Virtual Goods through the built-in exchange channels of Hero Entertainment or a third-party trading platform officially approved by Hero Entertainment. Hero Entertainment does not recognize or protect any transactions conducted on a trading platform that is not provided or approved by Hero Entertainment. Any disputes and adverse consequences arising therefrom shall be settled and borne by yourself.
(11) Use illegal plug-ins. Hero Entertainment may decide at its sole discretion to judge whether you have used illegal plug-ins based on your game data and abnormal performance;
(12) Imply or falsely claim to be an employee of Hero Entertainment or a person with a special identity in an attempt to obtain improper benefits or affect the rights of other users;
(13) Disrupt the operation of the Game or affect the normal operation of the Game Services in any way;
(14) Violate any arrangements set out in the Agreement;
(15) Use Services for any commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms of Service, including but not limited to:
1) Registering multiple Game Accounts to gain profit from Games;
2) Especially when focusing on certain playing methods to gain relevant Virtual Goods for profit;
3) Selling Virtual Goods between different servers;
4) Collecting fees by acting as an intermediary for Game Accounts and Virtual Goods transactions;
5) Trading Game Accounts or Virtual Goods on a trading platform not provided or approved by us;
6) Selling the Virtual Goods obtained from the Games; or
7) Any other behavior for any commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms of Service;
(16) Attempt to reverse engineering, except as otherwise permitted by applicable law, by scanning, probing, testing, reverse assembly, reverse compiling of Game software, destroying and cracking Game software, illegally obtaining software source code from, or modifying, adapting, adding, deleting, or forging, translating, datamining, decompiling, or disassembling or making derivative works similar to or even the same as any Services or Game Content of the Games;
(17) Modify or forge instructions and data in software operations, or add, delete, change the functions or operating effects of the software;
(18) Use, produce, publish and disseminate third-party software, plug-ins, add-ons, and systems not developed or authorized by Hero Entertainment when using our Game;
(19) Use, rent, lend, copy, modify, link, reprint, compile, release, or publish the content related to intellectual property in game software and other behaviors that infringe on the intellectual property of Hero Entertainment;
(20) Establish a private server to provide online Game operation services;
(21) Promote, join in or enable anyone else to do any of the foregoing;
(22) Other behaviors that are not expressly authorized by Hero Entertainment or other misconducts widely recognized in the game industry.
5.3 You are fully aware of the facts that:
(1) To create a fair and healthy game environment, you understand that we may need to know about the random storage memory of your terminal device and related programs running through technical means. Once unauthorized programs endangering Game operations are found, all reasonable necessary measures will be taken.
(2) In the event that we, in our sole discretion, conclude that you have violated the User Code of Conduct such as account theft, use of plug-ins, cheating, etc. based on your game data or reports from others, we may take technical means to remove, block or disconnect the link or take measures stated in Article 5.1 without prior notice to you, unless you can provide sufficient verified evidence to overrule the judgment.
(3) In the event that you violate the provisions of the Agreement, game rules or agreement(s) of any individual services and thus cause any damages to any third-party or us, you shall be solely responsible for any claims, demands or losses arising therefrom.
6. Charging Policy and Value-added Services
6.1 Value-added Services. You may obtain certain value-added Services by purchase. Value-added services provided may enrich your game resources, improve your game efficiency, and thus optimize your game experience.
6.2 Virtual Currency and Tokens. Subject to applicable laws, Hero Entertainment may issue virtual currency within the Game(“Tokens”). Such tokens can be purchased directly or indirectly with legal currency and may be used to purchase value-added services. It is noted that game tokens (included by Virtual Goods) cannot be directly or indirectly exchanged for legal currency.
6.3 FORMATION OF PURCHASE ORDER(S). ALL PURCHASE ORDERS ARE SUBJECT TO ACCEPTANCE BY US AND AVAILABILITY OF THE SERVICES. YOUR ORDER MERELY CONSTITUTES AN OFFER TO US TO PURCHASE THE SERVICES. ONCE WE MAKE THE SERVICES AVAILABLE, PURCHASE ORDERS BETWEEN US ARE THUS BECOME EFFECTIVE. WE ALSO RESERVE THE RIGHT TO CHANGE PRICES WITHOUT PRIOR NOTICE AT ANY TIME BEFORE THE EFFECTIVENESS OF THE PURCHASE ORDER.
6.4 Change of Charging Policy. Except as otherwise prohibited by applicable law, we may set, modify, and change the charging standards and methods in our sole discretion. A new charging policy will be announced and clearly indicated. Please carefully review and fully understand them before accepting. By continuing to use and purchase our Services, you accept and agree to the new charging policy.
6.5 No Payment Through Unauthorized Channels. We will not be liable for any disputes arising from your payment through unauthorized channels and methods.
6.6 Data related costs. You are fully responsible for all expenses for your access to the network environment and the relevant expenses payable to the network operator, including but without limitation, mobile fees, text-messaging fees and data charges. You should understand or ask your service provider what charges you may incur before using the Services.
7. Refund
SUBJECT TO APPLICABLE LAW, OR ANY THIRD PARTY PLATFORM’S POLICY (IF APPLICABLE), ALL GAMES, VIRTUAL GOODS AND OTHER SERVICES HAVE NO MONETARY VALUE FOR EXCHANGE AND ARE NOT REDEEMABLE, REFUNDABLE OR ELIGIBLE FOR ANY OTHER ALTERNATE REMEDY FOR ANY LEGAL CURRENCY OR ANYTHING OF MONETARY VALUE, UNLESS THEY ARE DEFECTIVE, UNAVAILABLE, OR DO NOT PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS WE PROVIDE.
BY PURCHASING AND USING THE GAMES, VIRTUAL GOODS AND OTHER SERVICES, YOU HEREBY WAIVE YOUR RIGHT TO WITHDRAW FROM YOUR AGREEMENT TO PURCHASE THE APPLICABLE GAME, VIRTUAL GOODS, OTHER SERVICES AND YOU AGREE THAT YOU WILL THEREFORE NOT BE ELIGIBLE TO RECEIVE A REFUND (OR ANY ALTERNATIVE REMEDY) IN RELATION TO SUCH GAME, VIRTUAL GOODS AND OTHER SERVICES, EXCEPT WHERE THE LAW IN YOUR JURISDICTION PROVIDES A RIGHT OF WITHDRAWAL THAT CANNOT BE WAIVED BY CONTRACT. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS.
8. Intellectual Property
8.1 IPR, Other Rights and Interests Owned by Hero Entertainment. The copyrights, trademark rights, patent rights, patent application rights, trade secrets and other intellectual property rights, legal rights and interests in and to all contents incorporated in or accompanying the Services shall be owed by Hero Entertainment, including but not limited to:
1) UI design, software code, text, software, sound, picture, video, chart, technology, information material, character image, etc. inside and outside the game;
2) Text, graphics, LOGO and sounds of Hero Entertainment, game name and other text, graphics or logos indicating the source of the product;
3) All contents appearing in the advertisements;
4) All contents of the email system;
5) Commercial information provided by Hero Entertainment Virtual Community for users;
6) Other information provided to you by Hero Entertainment.
You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. You agree that the above intellectual properties are protected by applicable laws, regulations, rules, treaties, and conventions. Without the consent of Hero Entertainment, you are not allowed to use the above intellectual property.
Please note that except the Game(s) developed by us, some certain Game Content, including but not limited to pictures, videos, charts, character images, etc.are provided by the Game developer (rather than Hero Entertainment). For efficiency purposes, if you have any doubts, suggestions or opinions on the Game Content, feel free to contact the Game developer listed within the Game.
8.2 Jointly Owned IPR, Other Rights and Interests. All copyrights, trademark rights, patent rights, patent application rights, trade secrets and other intellectual property rights, legal rights and interests in and to all derivative works or fruits you adapted from the Game Content or Services are jointly owned by you and us. We are hereby granted a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free license to use, modify, copy, create derivative works of, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) publish and distribute such derivative works or fruits, and the benefits generated therefrom shall be solely owned by Hero Entertainment.
8.3 IPR, Other Rights and Interests of UGC. By submission, you ensure that you are the exclusive copyright and intellectual property rights holder of such UGC or you have obtained appropriate authorization from the right holder and you are automatically giving us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free license to use, modify, copy, create derivative works of, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) publish and distribute such UGC for any purpose. You agree to waive any moral rights to the extent permitted by law.
9. User Information and Game Data
9.1 Security Measures. Hero Entertainment will take practical and effective technical and management measures to ensure network information security in accordance with applicable laws and regulations, including the prevention of intrusion and attack of computer viruses, backing up important databases, saving user registration information, operation information and maintenance log, and protecting state secrets, business secrets and user’s personal information pursuant to any applicable law.
9.2 Your Personal Information. Hero Entertainment's collection of your personal information will comply with the provisions of the Agreement and all applicable laws and regulations. For more details in relation to user personal information collection, use and protection, please refer to the Privacy Policy.
9.3 Game Data. You are aware that all rights to the game data generated during your Game access and use (not personal information) are exclusively owned by Hero Entertainment.
10. Interruption, Change and Termination of Services
10.1 Interruption of Services. You understand that our Services may be interrupted for a short period of time for the reasons below：
(1) Regular inspection, construction, and software and hardware updates;
(2) Failure of the server to function properly due to attack or damage;
(3) Network provider line or other failures;
(4) Other sudden or emergency situations.
Hero Entertainment will not be liable or blamed for such interruption.
10.2 Change or Discontinue of Services. Hero Entertainment reserves the right to change or discontinue the Agreement/ Services, in part or whole, at any time, in its sole discretion, pursuant to applicable laws and regulations. Any material or substantial modification, adaption, change or termination of the Services will be announced in a conspicuous place inside and outside the Game in advance pursuant to applicable laws. We strongly recommend you to read it before playing. If there are any doubts about the change, feel free to contact us by email and we will explain the changes to you. Do immediately stop using the Services if you do not accept the changes.
10.3 Termination of Game. We will try our best to deal with matters related to the termination of the Game operation in accordance with applicable laws, regulations to protect your legitimate rights and interests.
We will give you a warning notice for a certain period of time prior to terminating or deleting your access to our Games. We will notify you by one or more of the following ways: in-game notice, email notice, Game app, Game website or distribution platform channels, etc. Upon termination, all rights and licence granted to you will be terminated and you shall cease all use of the applicable Games, Virtual Goods and/or any other part of the Services, except as stated otherwise.
You understand and agree that upon your request to terminate your Game Account or our final decision to terminate your Game Account, you will not receive any compensation or reimbursement for any Virtual Goods for any reason, whether such termination was voluntary or not, unless otherwise required by applicable law or policy in your country of residency.
10.4 Clearance for Long Absence. SUBJECT TO APPLICABLE LAW OR ANY THIRD PARTY PLATFORM’S POLICY, we may take measures to delete your Game Account and any game data records if you fail to logged in to the Game for 3 consecutive years.
11. Special Restrictions
11.1 Special Functions or Gameplay Limits. Hero Entertainment Games may have special functions or gameplay that you cannot accept, such as mandatory battles. If you refuse to use or accept them, please do not enter into the special setting area, server or other setting range. Once entered, you accept such functions or gameplay and You are responsible for all activities associated with such entrance.
11.2 Game Software Abnormal Event. We may temporarily freeze your Game Account when your Game Account or Virtual Goods become abnormal due to Game software bugs, version update defects, third-party virus attacks or any other factors. However, If such abnormality is caused by your abnormal game behavior, Hero Entertainment may, but is not obligated, to restore your Game Account data to the state before occurrence of abnormal event without any other liabilities.
11.3 Cross transfer of Certain Data. Data may not be shared between different operating systems, regions, servers, device types, game accounts, and game characters, as a result, you are not able/ allowed to transfer the Games and purchase data and consumption data in between. For details, your Game, purchase data and consumption data may not be shared between:
(1) The same region server, server, device type and game account but different operating system;
(2) The same operating system, server, device type and game account, but different region servers;
(3) The same operating system, region server, device type and game account, but different network server environment;
(4) The same operating system, server, device type, region server and game account, but different game characters.
12. Force Majeure and Disclaimer
12.1 Force Majeure. Hero Entertainment shall not be liable for any losses suffered by you due to unpredictable, unavoidable and insurmountable force majeure events such as earthquakes, floods, snow disasters, fires, tsunamis, typhoons, strikes, wars, national laws, regulations, policies, orders from state agencies and other government actions.
12.2 Limitation of Liability.
12.2.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Hero Entertainment will not be liable for any direct, indirect, incidental, special and subsequent damages arising from:
(1) Illegal use of the Services of Hero Entertainment;
(2) Improper use of the Services provided by Hero Entertainment;
(3) Purchasing value-added Services of Hero Entertainment on websites or other network channels that are not legally authorized by Hero Entertainment;
(4) Transactions on websites or other network channels that are not legally authorized by Hero Entertainment;
(5) Inter-user behaviors that are not directed by Hero Entertainment, such as changes in the information sent by users.
12.2.2 Hero Entertainment will not be liable for any interruption of Service, loss of information sent by users, garbled characters, wrong reception, failure to receive or delayed reception due to Factors in relation to domestic or overseas basic telecom operators. Factors include breakdown of mobile communication network, technical defects, coverage limitations, force majeure, computer viruses, hacker attacks, user locations, user shutdowns, or other reasons beyond the technical capacity of Hero Entertainment.
12.2.3 Hero Entertainment will not provide any type of guarantee for any of your personal actions, whether explicit or implicit, nor assume responsibility for guarantees or warranties to any third-party in respect of your personal actions.
12.2.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services.
12.2.5 To the maximum extent permitted by applicable law, we will not be liable for any loss of profits, lost revenue, lost savings, loss of data, or any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with these Terms of Service or the Services, or the delay or inability to use or lack of functionality of the Services, even in the event of our fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if we have been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of we arising out of or in connection with these Terms of Service or the Services will not exceed the total amounts you have paid (if any) or are payable by you to us for the particular Game or Services in question during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation and are fundamental elements of the basis of the bargain between you and us.
Notwithstanding the foregoing, exclusion of certain warranties or the limitation of liability as stated above may not apply to you pursuant to applicable laws in some countries, states, provinces or other jurisdictions. In such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws and nothing in these Terms of Service will prejudice such rights that you may have as a consumer of the Services.
13. Indemnity
You agree to indemnify and hold us and our employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute a breach by you of these Terms of Service.
14. Legal
14.1 Governing Law. The conclusion, interpretation and performance of these Terms of Service shall be governed by the laws of the People's Republic of China, without giving effect to any conflict of law provisions.
14.2 Dispute Resolution. Any dispute arising from or in connection with these Terms of Service shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance with the CIETAC 's arbitration rules in effect at the time of applying for arbitration. The arbitration place shall be Beijing, China. The arbitral award is final and binding upon both parties.
14.3 No class action. Any such arbitration shall be conducted solely by the parties in their individual capacities, and by entering into this Terms of Service, you and Hero Entertainment expressly waive the right to participate in a class action.
14.4 Injunctive Relief. Notwithstanding anything to the contrary in this Terms of Service, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.
15. Contact Information
If you have any questions about these Terms of Service or the Game, please contact us by email: []
16. Miscellaneous
16.1 Entire Agreement. This Terms of Service and any other document or information referred to in this Terms of Service constitutes the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services.
16.2 Language. The original language of this Terms of Service is in English. Hero Entertainment may translate this Terms of Service into other languages. If there is any difference between the English version and other language versions, then the English version, subject to applicable laws and regulations, shall prevail.
16.3 Severability. If any part of this Terms of Service becomes invalid or unenforceable for any reason, the rest of the Terms of Service shall remain valid and be binding on users and Hero Entertainment. In case of any inconsistency between this Terms of Service and local laws of your country or residence, local laws shall prevail and govern.
16.4 Headings. The headings and serial numbers in this Terms of Service are for convenience only and shall not be used as the basis for interpreting.
16.5 No Waiver. Hero Entertainment’s failure to exercise the rights set forth in this Terms of Service or as specified by the law shall not be deemed as a waiver of such rights, nor shall it affect the future exercise of such rights by Hero Entertainment.
16.6 Title and Serial Number. The title and serial number used in this Terms of Service are only for reference and shall not be used as a basis for interpreting the Terms of Service.
17.Use of Account by Minors
17.1 The application of this section is subject to the prevailing laws, regulations and all other policies) relating to the protection of minors in your country/region of residency, where applicable.
17.2 To enter into these Terms of Service, (1) you must be an adult of the legal age of majority in your country of residence. By accepting these Terms of Service, you acknowledge and affirm that you are of the legal age of majority in your country of residence and that you are legally and financially responsible for all actions using or accessing Hero Entertainment Services, whether or not authorized by you; or (2) if you are under the legal age of majority in your country of residence ("minor" or "child"), you may not enter into these Terms of Service unless your parent or legal guardian has reviewed and agreed these Terms of Service subject to any applicable laws, regulations or rules regarding minors. A parent or legal guardian who has agreed these Terms of Service may permit a minor to create the Account, provided that the parent or legal guardian acknowledges and agrees that they will be responsible for all minor or child’s actions caused by using or accessing the Hero Entertainment Services, whether or not authorized.
Date: [2023.10.17]
Welcome to use the entertainment services provided by Hero Entertainment. These Terms of Service, together with our Privacy Policy, game rules as well as any other documents and all supplemental terms and updates govern your use, purchases and downloading of our Games, Virtual Goods, User Generated Content (UGC), Websites and all services made available from time to time, unless we specifically state otherwise.
If you want to access, purchase or use our Game, we would like you to carefully read these Terms of Service, especially those specially highlighted by means of bolding, underlining or CAPITALIZED. By clicking Agree, Accept, Next, or accessing, using any of the Services, you accept and agree to this Terms of Service. If you do not agree to these Terms of Service, please do not access, purchase or use our Services.
1. Definition
1.1 "Hero Entertainment" refers to the Services provider that executed these Terms of Service with you, together with any affiliates or cooperative partners that may exist when you accept, access or use the Services, also called as "we" or “us” herein.
1.2 "User" refers to the user or player of entertainment services provided by us, and is also called as "you" in these Terms of Service.
1.3 "Services” or “Services of Hero Entertainment" refers to the entertainment services provided by us to you in accordance with this Terms of Service, including but not limited to access, use, purchases and downloading of our Games, Virtual Goods, User Generated Content (UGC), Websites and related online or offline services made available from time to time.
1.4 "The Agreement" refers to these Terms of Service, Privacy Policy, any game rules and any other terms and conditions entered into by and between you and us when you access, use or purchase our Services, including the current version and all supplemental terms of the above.
1.5 “Game” or “Games” refers to any games made available by us, whether existing now or in the future.
1.6 “Virtual Goods” refers to certain options we may offer within our Games by which you may improve your Game experience. You can buy Virtual Goods with legal currency or Tokens in some way subject to applicable foreign exchange control regulations in your jurisdiction. Virtual Goods include but not limited to, in-game currency (“Tokens”) where permitted under applicable law, character skins, mounts and vehicles, digital cards, experience boosts, gear, and other customization for your in-Game characters, and other such digital add-on goods.
1.7 User Generated Content (UGC) refers to any form of content generated by a user of the Services including remarks, suggestions, ideas, graphics, text, images, video, information and messages, social elements,while the derivative fruits users adapted from the Content of the Game or Services is not included. Please note that messages exchanged between users, whether in private in-game messaging or public forums are included within this definition.
1.8 “Game Content” refers to all artwork, titles, themes, objects, characters, names, dialogue, catch-phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, Virtual Goods and any other content within the Services. It also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services.
2. Eligibility and Registration
2.1 Eligibility and Age. To create a Game Account or access some of our Services, you must be at least the minimum age (“Minimum Age”) for any applicable laws, including related personal data collection laws in your country of residency. If you are between the Minimum Age and age of majority in your country of residency, you must reviewed these Terms of Service with your guardian(s) together and assure they have agreed to these Terms of Service on your behalf and they will take full responsibility for your compliance.
We may allow a minor under the Minimum Age to register for or enjoy certain Services (e.g. payment, if applicable ) with prior consent from his legal guardian to the extent permitted by applicable law. We may ask the legal guardian to provide additional documentation or perform additional actions as part of the verification and approval process pursuant to applicable law.
2.2 Registration. To use certain parts of our Services, you may be required to create an account with a third-party platform operator (for example, Facebook or Google account). In this case, we may access certain personal information that this third-party provides to help create your Game Account (“Game Account”). Please note that you are able to play the Game without creating a Game Account, but in such case, you may not be able to access certain parts of the Game or will confront with some troubles. For example, you may be unable to recharge, consume, update or uninstall the Game or the game data cannot be retained after reinstalling the game etc.
3. Game Account
3.1 Third-party Account. As your Game Account is created by means of a third-party platform account (as stipulated in Article 2.2), your behaviors are subject to both the rules of the third-party platform and these Terms of Service. You need to contact the third-party platform operator to solve the problems arising from your registration or use in relation to the third-party platform account, including but not limited to account registration, authentication, recharging, consumption, suspension,termination, theft or retrieval, etc.
3.2 No False Account. You are not allowed to use other’s account to register for Game Account without the written consent of others. We may stop your Account or take other measures in our discretion if we have reasonable grounds to believe that you have stolen someone else’ account or registration data without due authorization.
3.3 No Account Transactions. Hero Entertainment prohibits profitable or non-profitable transactions of Game Account between users, including selling, reselling, renting, leasing, sharing, borrowing or providing access to your Game Account to anyone else.
3.4 Well Keeping of Game Account. You accept that you will not disclose your Game Account to anyone, and will notify us immediately of any unauthorized use of your Game Account by email. You are responsible for all activities associated with your Game Account. You accept that Hero Entertainment will not be liable for the following: 1) Non-retrieval of your Game Account due to technical restrictions or multiple transfers of Virtual Goods; 2) Consumption or transfers of Virtual Goods in the Game Account, even if it has been retrieved.
4. Content of Service
4.1 License Grant. So long as you comply with these Terms of Service and third-party Agreement(s)(if applicable), we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to:
(1) Downloading，installing, upgrading the Games on the device permitted by the Agreement and third-party platforms Agreement(s) ;
(2) Accessing and Using of Game Content for personal entertainment purposes, such as registering a Game Account, running the Games; using character systems such as creating game characters and setting game nicknames; using combat systems such as opening game rooms and setting game parameters; using social systems such as chatting and social sharing functions; viewing and confirming game match results, viewing Game Content etc;
(3) Obtaining value-added services, such as purchase of game props, game equipment, game tokens as well as use of game transaction systems within the Games;
(4) Other services provided by Hero Entertainment.
Such rights are merely licensed to you and you do not acquire any ownership rights in the Services, Games and Virtual Goods or any other part of them other than the right to use the same under these Terms of Service.
4.2 Provision of Virtual Goods.
4.2.1 Purchasing or Obtaining Virtual Goods. Subject to applicable foreign exchange control regulations in your jurisdiction, we may offer Virtual Goods within our Games that you can buy with legal currency. VIRTUAL GOODS HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH AND ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. There may be limits to the quantity and number of times you can purchase Virtual Goods or other aspects of your transaction which we will notify you via notice or function of the Game.
4.2.2 Virtual Goods Consumption Order. Virtual Goods are basically obtained by purchase(‘’Purchased Virtual Goods”), however, you may also be able to obtain certain Virtual Goods without making a purchase, such as an in-Game award, additional Virtual Goods bonus. Please be aware that Virtual Goods are consumed in the following order: (1) if free Virtual Goods can not be distinguished from Purchased Virtual Goods, Purchased Virtual Goods will be consumed first; (2) Otherwise, it will be consumed in the order based on your actual usage.
4.2.3 No transfer between Games. Except as otherwise stated, Virtual Goods are not transferable from one Game to another.
4.2.4 Expiry Date Warning. You understand that Virtual Goods may have expiry date, so you need to use or consume them within a certain period. We will not be liable if such a case occurs when your Game Account is under restricted, disabled, suspended, banned, temporarily or permanently as a result of your failure to comply with the User Code of Conduct.
4.2.5 Restoration Event. In the event that when some game data need to be restored to a certain point in time due to an abnormality of the game server caused by our fault, during which period you may have used or consumed some Virtual Goods, you accept that we will only assume the obligation to restore or provide alternates for you based on consumption of Virtual Goods during that period.
4.3 Service Limits Based on Where You Live. We may restrict, modify, or limit your access to and use of certain Content, Virtual Goods, an entire Game, or Services in part or whole, depending on the territory in which you are located as a result of legal compliance or business purposes.
4.4 Rights Reserved. The rights not expressly permitted in the Terms of Service shall be deemed to be unlicensed and still reserved by us. If you need to exercise other rights, you must obtain written permission from us. If you have such needs, do not hesitate to contact us by email.
5. User Code of Conduct
5.1 Measures for Punishment. When you obtain a license granted by us, you must abide by the provisions of the User’s Code of Conduct in these Terms of Service, violation of which will lead to appropriate measures at our sole discretion.
Possible measures under these Terms of Service include making warnings, restricting or temporarily or permanently disabling, suspending, banning your Account, in part or whole, temporarily or permanently removing any content or Virtual Goods from your Account, etc. If your Account is disabled or banned, you will no longer be able to access your Account and any licenses previously granted to you to use our Games and Services will be either temporarily or permanently revoked. THIS MEANS YOU WILL LOSE YOUR ACCOUNT, CHARACTERS AND ANY IN-GAME Virtual Goods.
5.2 Don’ts for Users. You agree not to do any of the following:
(1) violate, or encourage any conduct that would violate any applicable law or regulation or would give rise to civil liability;
(2) be fraudulent, false, misleading or deceptive, including “trolling”;
(3) be defamatory, obscene, pornographic, violent, vulgar or offensive;
(4) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(5) be disruptive to the Game, App, its users or user community, be violent, bullying, or threatening or promotes violence, terrorism, extremism or actions that are threatening or disrespectful to any person or entity;
(6) infringe on the intellectual property rights and other legal rights of any third party;
(7) promote illegal or harmful activities or substances;
(8) use illegal fields or characters in the game, spread illegal speech and inappropriate information, or publish illegal information, etc;
(9) Steal others’ Game Accounts and Virtual Goods;
(10) Privately conduct transactions on game accounts, props, equipment, tokens and other Virtual Goods;
You acknowledge, understand and agree that you can only exchange or transfer the right to use the game accounts, props, equipment, tokens and other Virtual Goods through the built-in exchange channels of Hero Entertainment or a third-party trading platform officially approved by Hero Entertainment. Hero Entertainment does not recognize or protect any transactions conducted on a trading platform that is not provided or approved by Hero Entertainment. Any disputes and adverse consequences arising therefrom shall be settled and borne by yourself.
(11) Use illegal plug-ins. Hero Entertainment may decide at its sole discretion to judge whether you have used illegal plug-ins based on your game data and abnormal performance;
(12) Imply or falsely claim to be an employee of Hero Entertainment or a person with a special identity in an attempt to obtain improper benefits or affect the rights of other users;
(13) Disrupt the operation of the Game or affect the normal operation of the Game Services in any way;
(14) Violate any arrangements set out in the Agreement;
(15) Use Services for any commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms of Service, including but not limited to:
1) Registering multiple Game Accounts to gain profit from Games;
2) Especially when focusing on certain playing methods to gain relevant Virtual Goods for profit;
3) Selling Virtual Goods between different servers;
4) Collecting fees by acting as an intermediary for Game Accounts and Virtual Goods transactions;
5) Trading Game Accounts or Virtual Goods on a trading platform not provided or approved by us;
6) Selling the Virtual Goods obtained from the Games; or
7) Any other behavior for any commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms of Service;
(16) Attempt to reverse engineering, except as otherwise permitted by applicable law, by scanning, probing, testing, reverse assembly, reverse compiling of Game software, destroying and cracking Game software, illegally obtaining software source code from, or modifying, adapting, adding, deleting, or forging, translating, datamining, decompiling, or disassembling or making derivative works similar to or even the same as any Services or Game Content of the Games;
(17) Modify or forge instructions and data in software operations, or add, delete, change the functions or operating effects of the software;
(18) Use, produce, publish and disseminate third-party software, plug-ins, add-ons, and systems not developed or authorized by Hero Entertainment when using our Game;
(19) Use, rent, lend, copy, modify, link, reprint, compile, release, or publish the content related to intellectual property in game software and other behaviors that infringe on the intellectual property of Hero Entertainment;
(20) Establish a private server to provide online Game operation services;
(21) Promote, join in or enable anyone else to do any of the foregoing;
(22) Other behaviors that are not expressly authorized by Hero Entertainment or other misconducts widely recognized in the game industry.
5.3 You are fully aware of the facts that:
(1) To create a fair and healthy game environment, you understand that we may need to know about the random storage memory of your terminal device and related programs running through technical means. Once unauthorized programs endangering Game operations are found, all reasonable necessary measures will be taken.
(2) In the event that we, in our sole discretion, conclude that you have violated the User Code of Conduct such as account theft, use of plug-ins, cheating, etc. based on your game data or reports from others, we may take technical means to remove, block or disconnect the link or take measures stated in Article 5.1 without prior notice to you, unless you can provide sufficient verified evidence to overrule the judgment.
(3) In the event that you violate the provisions of the Agreement, game rules or agreement(s) of any individual services and thus cause any damages to any third-party or us, you shall be solely responsible for any claims, demands or losses arising therefrom.
6. Charging Policy and Value-added Services
6.1 Value-added Services. You may obtain certain value-added Services by purchase. Value-added services provided may enrich your game resources, improve your game efficiency, and thus optimize your game experience.
6.2 Virtual Currency and Tokens. Subject to applicable laws, Hero Entertainment may issue virtual currency within the Game(“Tokens”). Such tokens can be purchased directly or indirectly with legal currency and may be used to purchase value-added services. It is noted that game tokens (included by Virtual Goods) cannot be directly or indirectly exchanged for legal currency.
6.3 FORMATION OF PURCHASE ORDER(S). ALL PURCHASE ORDERS ARE SUBJECT TO ACCEPTANCE BY US AND AVAILABILITY OF THE SERVICES. YOUR ORDER MERELY CONSTITUTES AN OFFER TO US TO PURCHASE THE SERVICES. ONCE WE MAKE THE SERVICES AVAILABLE, PURCHASE ORDERS BETWEEN US ARE THUS BECOME EFFECTIVE. WE ALSO RESERVE THE RIGHT TO CHANGE PRICES WITHOUT PRIOR NOTICE AT ANY TIME BEFORE THE EFFECTIVENESS OF THE PURCHASE ORDER.
6.4 Change of Charging Policy. Except as otherwise prohibited by applicable law, we may set, modify, and change the charging standards and methods in our sole discretion. A new charging policy will be announced and clearly indicated. Please carefully review and fully understand them before accepting. By continuing to use and purchase our Services, you accept and agree to the new charging policy.
6.5 No Payment Through Unauthorized Channels. We will not be liable for any disputes arising from your payment through unauthorized channels and methods.
6.6 Data related costs. You are fully responsible for all expenses for your access to the network environment and the relevant expenses payable to the network operator, including but without limitation, mobile fees, text-messaging fees and data charges. You should understand or ask your service provider what charges you may incur before using the Services.
7. Refund
SUBJECT TO APPLICABLE LAW, OR ANY THIRD PARTY PLATFORM’S POLICY (IF APPLICABLE), ALL GAMES, VIRTUAL GOODS AND OTHER SERVICES HAVE NO MONETARY VALUE FOR EXCHANGE AND ARE NOT REDEEMABLE, REFUNDABLE OR ELIGIBLE FOR ANY OTHER ALTERNATE REMEDY FOR ANY LEGAL CURRENCY OR ANYTHING OF MONETARY VALUE, UNLESS THEY ARE DEFECTIVE, UNAVAILABLE, OR DO NOT PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS WE PROVIDE.
BY PURCHASING AND USING THE GAMES, VIRTUAL GOODS AND OTHER SERVICES, YOU HEREBY WAIVE YOUR RIGHT TO WITHDRAW FROM YOUR AGREEMENT TO PURCHASE THE APPLICABLE GAME, VIRTUAL GOODS, OTHER SERVICES AND YOU AGREE THAT YOU WILL THEREFORE NOT BE ELIGIBLE TO RECEIVE A REFUND (OR ANY ALTERNATIVE REMEDY) IN RELATION TO SUCH GAME, VIRTUAL GOODS AND OTHER SERVICES, EXCEPT WHERE THE LAW IN YOUR JURISDICTION PROVIDES A RIGHT OF WITHDRAWAL THAT CANNOT BE WAIVED BY CONTRACT. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS.
8. Intellectual Property
8.1 IPR, Other Rights and Interests Owned by Hero Entertainment. The copyrights, trademark rights, patent rights, patent application rights, trade secrets and other intellectual property rights, legal rights and interests in and to all contents incorporated in or accompanying the Services shall be owed by Hero Entertainment, including but not limited to:
1) UI design, software code, text, software, sound, picture, video, chart, technology, information material, character image, etc. inside and outside the game;
2) Text, graphics, LOGO and sounds of Hero Entertainment, game name and other text, graphics or logos indicating the source of the product;
3) All contents appearing in the advertisements;
4) All contents of the email system;
5) Commercial information provided by Hero Entertainment Virtual Community for users;
6) Other information provided to you by Hero Entertainment.
You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. You agree that the above intellectual properties are protected by applicable laws, regulations, rules, treaties, and conventions. Without the consent of Hero Entertainment, you are not allowed to use the above intellectual property.
Please note that except the Game(s) developed by us, some certain Game Content, including but not limited to pictures, videos, charts, character images, etc.are provided by the Game developer (rather than Hero Entertainment). For efficiency purposes, if you have any doubts, suggestions or opinions on the Game Content, feel free to contact the Game developer listed within the Game.
8.2 Jointly Owned IPR, Other Rights and Interests. All copyrights, trademark rights, patent rights, patent application rights, trade secrets and other intellectual property rights, legal rights and interests in and to all derivative works or fruits you adapted from the Game Content or Services are jointly owned by you and us. We are hereby granted a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free license to use, modify, copy, create derivative works of, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) publish and distribute such derivative works or fruits, and the benefits generated therefrom shall be solely owned by Hero Entertainment.
8.3 IPR, Other Rights and Interests of UGC. By submission, you ensure that you are the exclusive copyright and intellectual property rights holder of such UGC or you have obtained appropriate authorization from the right holder and you are automatically giving us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free license to use, modify, copy, create derivative works of, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) publish and distribute such UGC for any purpose. You agree to waive any moral rights to the extent permitted by law.
9. User Information and Game Data
9.1 Security Measures. Hero Entertainment will take practical and effective technical and management measures to ensure network information security in accordance with applicable laws and regulations, including the prevention of intrusion and attack of computer viruses, backing up important databases, saving user registration information, operation information and maintenance log, and protecting state secrets, business secrets and user’s personal information pursuant to any applicable law.
9.2 Your Personal Information. Hero Entertainment's collection of your personal information will comply with the provisions of the Agreement and all applicable laws and regulations. For more details in relation to user personal information collection, use and protection, please refer to the Privacy Policy.
9.3 Game Data. You are aware that all rights to the game data generated during your Game access and use (not personal information) are exclusively owned by Hero Entertainment.
10. Interruption, Change and Termination of Services
10.1 Interruption of Services. You understand that our Services may be interrupted for a short period of time for the reasons below：
(1) Regular inspection, construction, and software and hardware updates;
(2) Failure of the server to function properly due to attack or damage;
(3) Network provider line or other failures;
(4) Other sudden or emergency situations.
Hero Entertainment will not be liable or blamed for such interruption.
10.2 Change or Discontinue of Services. Hero Entertainment reserves the right to change or discontinue the Agreement/ Services, in part or whole, at any time, in its sole discretion, pursuant to applicable laws and regulations. Any material or substantial modification, adaption, change or termination of the Services will be announced in a conspicuous place inside and outside the Game in advance pursuant to applicable laws. We strongly recommend you to read it before playing. If there are any doubts about the change, feel free to contact us by email and we will explain the changes to you. Do immediately stop using the Services if you do not accept the changes.
10.3 Termination of Game. We will try our best to deal with matters related to the termination of the Game operation in accordance with applicable laws, regulations to protect your legitimate rights and interests.
We will give you a warning notice for a certain period of time prior to terminating or deleting your access to our Games. We will notify you by one or more of the following ways: in-game notice, email notice, Game app, Game website or distribution platform channels, etc. Upon termination, all rights and licence granted to you will be terminated and you shall cease all use of the applicable Games, Virtual Goods and/or any other part of the Services, except as stated otherwise.
You understand and agree that upon your request to terminate your Game Account or our final decision to terminate your Game Account, you will not receive any compensation or reimbursement for any Virtual Goods for any reason, whether such termination was voluntary or not, unless otherwise required by applicable law or policy in your country of residency.
10.4 Clearance for Long Absence. SUBJECT TO APPLICABLE LAW OR ANY THIRD PARTY PLATFORM’S POLICY, we may take measures to delete your Game Account and any game data records if you fail to logged in to the Game for 3 consecutive years.
11. Special Restrictions
11.1 Special Functions or Gameplay Limits. Hero Entertainment Games may have special functions or gameplay that you cannot accept, such as mandatory battles. If you refuse to use or accept them, please do not enter into the special setting area, server or other setting range. Once entered, you accept such functions or gameplay and You are responsible for all activities associated with such entrance.
11.2 Game Software Abnormal Event. We may temporarily freeze your Game Account when your Game Account or Virtual Goods become abnormal due to Game software bugs, version update defects, third-party virus attacks or any other factors. However, If such abnormality is caused by your abnormal game behavior, Hero Entertainment may, but is not obligated, to restore your Game Account data to the state before occurrence of abnormal event without any other liabilities.
11.3 Cross transfer of Certain Data. Data may not be shared between different operating systems, regions, servers, device types, game accounts, and game characters, as a result, you are not able/ allowed to transfer the Games and purchase data and consumption data in between. For details, your Game, purchase data and consumption data may not be shared between:
(1) The same region server, server, device type and game account but different operating system;
(2) The same operating system, server, device type and game account, but different region servers;
(3) The same operating system, region server, device type and game account, but different network server environment;
(4) The same operating system, server, device type, region server and game account, but different game characters.
12. Force Majeure and Disclaimer
12.1 Force Majeure. Hero Entertainment shall not be liable for any losses suffered by you due to unpredictable, unavoidable and insurmountable force majeure events such as earthquakes, floods, snow disasters, fires, tsunamis, typhoons, strikes, wars, national laws, regulations, policies, orders from state agencies and other government actions.
12.2 Limitation of Liability.
12.2.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Hero Entertainment will not be liable for any direct, indirect, incidental, special and subsequent damages arising from:
(1) Illegal use of the Services of Hero Entertainment;
(2) Improper use of the Services provided by Hero Entertainment;
(3) Purchasing value-added Services of Hero Entertainment on websites or other network channels that are not legally authorized by Hero Entertainment;
(4) Transactions on websites or other network channels that are not legally authorized by Hero Entertainment;
(5) Inter-user behaviors that are not directed by Hero Entertainment, such as changes in the information sent by users.
12.2.2 Hero Entertainment will not be liable for any interruption of Service, loss of information sent by users, garbled characters, wrong reception, failure to receive or delayed reception due to Factors in relation to domestic or overseas basic telecom operators. Factors include breakdown of mobile communication network, technical defects, coverage limitations, force majeure, computer viruses, hacker attacks, user locations, user shutdowns, or other reasons beyond the technical capacity of Hero Entertainment.
12.2.3 Hero Entertainment will not provide any type of guarantee for any of your personal actions, whether explicit or implicit, nor assume responsibility for guarantees or warranties to any third-party in respect of your personal actions.
12.2.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services.
12.2.5 To the maximum extent permitted by applicable law, we will not be liable for any loss of profits, lost revenue, lost savings, loss of data, or any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with these Terms of Service or the Services, or the delay or inability to use or lack of functionality of the Services, even in the event of our fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if we have been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of we arising out of or in connection with these Terms of Service or the Services will not exceed the total amounts you have paid (if any) or are payable by you to us for the particular Game or Services in question during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation and are fundamental elements of the basis of the bargain between you and us.
Notwithstanding the foregoing, exclusion of certain warranties or the limitation of liability as stated above may not apply to you pursuant to applicable laws in some countries, states, provinces or other jurisdictions. In such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws and nothing in these Terms of Service will prejudice such rights that you may have as a consumer of the Services.
13. Indemnity
You agree to indemnify and hold us and our employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute a breach by you of these Terms of Service.
14. Legal
14.1 Governing Law. The conclusion, interpretation and performance of these Terms of Service shall be governed by the laws of the People's Republic of China, without giving effect to any conflict of law provisions.
14.2 Dispute Resolution. Any dispute arising from or in connection with these Terms of Service shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance with the CIETAC 's arbitration rules in effect at the time of applying for arbitration. The arbitration place shall be Beijing, China. The arbitral award is final and binding upon both parties.
14.3 No class action. Any such arbitration shall be conducted solely by the parties in their individual capacities, and by entering into this Terms of Service, you and Hero Entertainment expressly waive the right to participate in a class action.
14.4 Injunctive Relief. Notwithstanding anything to the contrary in this Terms of Service, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.
15. Contact Information
If you have any questions about these Terms of Service or the Game, please contact us by email: []
16. Miscellaneous
16.1 Entire Agreement. This Terms of Service and any other document or information referred to in this Terms of Service constitutes the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services.
16.2 Language. The original language of this Terms of Service is in English. Hero Entertainment may translate this Terms of Service into other languages. If there is any difference between the English version and other language versions, then the English version, subject to applicable laws and regulations, shall prevail.
16.3 Severability. If any part of this Terms of Service becomes invalid or unenforceable for any reason, the rest of the Terms of Service shall remain valid and be binding on users and Hero Entertainment. In case of any inconsistency between this Terms of Service and local laws of your country or residence, local laws shall prevail and govern.
16.4 Headings. The headings and serial numbers in this Terms of Service are for convenience only and shall not be used as the basis for interpreting.
16.5 No Waiver. Hero Entertainment’s failure to exercise the rights set forth in this Terms of Service or as specified by the law shall not be deemed as a waiver of such rights, nor shall it affect the future exercise of such rights by Hero Entertainment.
16.6 Title and Serial Number. The title and serial number used in this Terms of Service are only for reference and shall not be used as a basis for interpreting the Terms of Service.
17.Use of Account by Minors
17.1 The application of this section is subject to the prevailing laws, regulations and all other policies) relating to the protection of minors in your country/region of residency, where applicable.
17.2 To enter into these Terms of Service, (1) you must be an adult of the legal age of majority in your country of residence. By accepting these Terms of Service, you acknowledge and affirm that you are of the legal age of majority in your country of residence and that you are legally and financially responsible for all actions using or accessing Hero Entertainment Services, whether or not authorized by you; or (2) if you are under the legal age of majority in your country of residence ("minor" or "child"), you may not enter into these Terms of Service unless your parent or legal guardian has reviewed and agreed these Terms of Service subject to any applicable laws, regulations or rules regarding minors. A parent or legal guardian who has agreed these Terms of Service may permit a minor to create the Account, provided that the parent or legal guardian acknowledges and agrees that they will be responsible for all minor or child’s actions caused by using or accessing the Hero Entertainment Services, whether or not authorized.
Date: [2023.10.17]