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Smile Game Pass User Agreement
This User Agreement is a legal agreement between the User and Beijing Smile Game Technology Co.(hereinafter referred to as ‘Smile Game’).
"User" means an individual who is willing to accept, or has in fact accepted, the products and services offered by Smile Game.
This agreement is the general terms and conditions applicable to the user's acceptance of the products and services of Smile Game. Therefore, users are requested to read all parts of this User Agreement (especially the bold underlined parts) in detail before registering as a user of the Smile Game Pass or before accepting Smile Game's products and services.
This agreement is divided into two main parts, the first part is the "Required Terms and Conditions of the Format Agreement for Online Game Services" formulated by the Chinese Ministry of Culture in accordance with the "Interim Provisions on the Administration of Online Games" (Decree No. 49 of the Ministry of Culture), and the second part is the "Smile Game User Agreement" formulated by Smile Game in accordance with the "Contract Law of the People's Republic of China", the "Interim Provisions on the Administration of Online Games" and other national laws and regulations. In the event of any inconsistency between the "Required Terms and Conditions of the Format Agreement for Online Game Services" and the "Smile Game Pass User Agreement", the "Required Terms and Conditions of the Format Agreement for Online Game Services" shall prevail.
The first part of the Ministry of Culture video game services form agreement necessary terms and conditions
According to the Interim Provisions on the Management of Online Games (Decree No. 49 of the Ministry of Culture), the Ministry of Culture formulates the Required Terms of Formatting Agreement for Online Game Services. Party A is a video game operator and Party B is a video game user.
1.Account Registration
1.1 Party B undertakes to register as a user of Party A with its real identity, and guarantees that the personal identification data information provided is true, complete and valid, and undertakes the corresponding legal responsibility for the information provided in accordance with the provisions of the law and the necessary terms and conditions.
1.2 After Party B registers as a user of Party A with its real identity, if it needs to modify the personal identification data information provided, Party A shall provide the service for it in a timely and effective manner.
2. User account use and custody
2.1 According to the agreement of the necessary terms, Party A has the right to review whether the identity information provided by Party B for registration is true and valid, and should actively take reasonable measures to protect the security and validity of the user account, and Party B has the obligation to keep its account number and password properly, and use its account number and password correctly and safely. Any party who fails to fulfil the above obligations resulting in the loss of account passwords, account theft and other situations that cause damage to the civil rights of Party B and others, shall bear the resulting legal liability.
2.2 Party B has the rights and responsibilities in accordance with the law for the behaviours generated by the account held after logging in.
2.3 If Party B discovers that its account number or password has been illegally used by others or there is an abnormal use, it shall promptly notify Party A in accordance with the processing methods announced by Party A, and has the right to notify Party A to take measures to suspend the login and use of the account.
2.4 Where we take measures to suspend the login and use of your account in accordance with your notice, we shall require you to provide and verify valid personal identification information that is consistent with your registered identification information.
2.4.1 If Party A verifies that the valid personal identification information provided by Party B is consistent with the registered identification information, it shall take timely measures to suspend the login and use of Party B's account.
2.4.2 If Party A violates the agreement in paragraph 2.4.1 and fails to take timely measures to suspend the login and use of Party B's account, and as a result of this, Party B suffers losses, it shall bear its corresponding legal responsibility.
2.4.3 If Party B fails to provide its personal valid identity document or the personal valid identity document provided by Party B is inconsistent with the registered identity information, Party A has the right to reject Party B's above request.
2.5 In order to safeguard its legitimate rights and interests, Party B provides Party A with personal valid identity information consistent with the registered identity information, Party A shall provide Party B with the account registrant certificate, original registration information and other necessary assistance and support, and provide relevant evidence and information to the relevant administrative organs and judicial organs as needed.
3. Suspension and termination of services
3.1 Party B has published illegal information, serious violation of social morality, and other violations of legal prohibitions, Party A shall immediately terminate the provision of services to you.
3.2 If Party B commits an improper act while receiving services from Party A, Party A has the right to terminate the services provided to Party B. The specific circumstances of the improper behaviour should be explicitly agreed in this Agreement or belong to the prohibited behaviours of which Party A has explicitly informed in advance that the service should be terminated, otherwise, Party A shall not terminate the provision of services to Party B.
3.3 Party B provides false registration identity information, or commits acts in violation of this Agreement, Party A has the right to suspend all or part of the services provided to Party B. Party A shall notify Party B of the suspension measures and inform the suspension period, which shall be reasonable, and Party A shall resume the services to Party B in a timely manner upon the expiry of the suspension period.
3.4 Party A shall bear the burden of proof if Party A suspends or terminates the provision of some or all of the Services to Party B in accordance with the provisions of this Treaty.
4. User information protection
4.1 When Party A ask Party B to provide information relating to your personal identity, Party A shall disclose to Party B in advance, in a clear and easily visible manner, our privacy policy and personal information utilisation policy, and take the necessary measures to protect the security of Party B’s personal information.
4.2 Without Party B's permission, Party A shall not provide, disclose or share with any third party any personally identifiable information such as name, personal valid identity document number, contact information, home address, etc. in Party B's registration data, except for the following cases:
4.2.1 where Party B or Party B’s guardian has authorised Party A to make the disclosure;
4.2.2 Where Party A is required by relevant laws to disclose;
4.2.3 Judicial or administrative authorities require Party A to provide them based on legal procedures;
4.2.4 When Party A initiates litigation or arbitration against Party B in order to safeguard its lawful rights and interests;
4.2.5 Providing Party B with personally identifiable information at the lawful request of Party B’s guardian.
Part II. User Agreement
1. Overview
The user understands and agrees that by clicking on the "AGGREE" button and completing the registration, the user has accepted this User Agreement and the service rules published by Smile Game and is willing to be bound by them. The service rules include, but not limited to, the Smile Game software licensing and service agreement, online game anti-drunkenness system and real-name authentication service agreement and may expand other corresponding terms of service, game rules, announcements, etc., minors should be accompanied by their guardians to read the terms of service and agree to it before accepting the terms of service. The guardian shall strengthen the supervision and protection of the minor, and shall be responsible for any damage to the minor's interests or impact on the interests of Smile Game due to his/her failure to fulfil his/her guardianship responsibilities prudently. In the event of a dispute, the user shall not be allowed to use the excuse of not having read it carefully as a defence.
The user understands and agrees that, with the change of business conditions, Smile Game reserves the right to modify this User Agreement and the related service rules at any time. In the event that the User Agreement is amended, Smile Game will announce the fact of the amendment on the relevant page and reserves the right not to give individual notice to the User. Users should check the relevant announcements on the official website of Smile Game before logging in to each of Smile Game's games to be aware of any changes to this User Agreement and other service rules. If the user do not agree with this User Agreement or the Service Rules, or if the user do not agree with any modifications made by Smile Game, you may voluntarily stop using the products and services provided by Smile Game. If users continue to use the products and services provided by Smile Game after Smile Game has modified the Agreement or the Service Rules, users agree to all the modifications made by Smile Game to this User Agreement and the Service Rules.
2. Intellectual property rights and declarations of ownership
All copyrights, patents, trademarks, trade secrets, other intellectual property rights, proprietary rights or other rights in all information, materials, technologies (including related software) provided by Smile Game in connection with the products and services are owned by Smile Game or its right holders, and the user is not allowed to modify, copy, or reproduce any of such information, materials, software, products, and services, unless legally authorised to do so by Smile Game or its right holders in advance, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works, transfer or sell any such information, software, products and services. If the User fails to comply with the foregoing provisions of these Terms of Use, without prejudice to other rights, Smile Game may immediately terminate the provision of the Products and Services to the User, and the User must destroy any such information, materials, software, or products that have been obtained. Smile Game owns the ownership of any data and information (including but not limited to account information, game data and system derived data, etc.) generated by the user in the course of using the Smile Game software or the user's acceptance of the services of Smile Game. Users are only entitled to use such data and information in accordance with the User Agreement and the relevant game rules.
The user understands and agrees that all data (including but not limited to virtual goods, etc.) on all servers provided by Smile Game belongs to "Beijing Smile Game Technology Co. Without prejudice to the normal acceptance of the service by the user, Smile Game has the right to decide to retain or not to retain all or part of the data on the server.
The data of all kinds of virtual goods in the products and services of Smile Game, including but not limited to gold coins, point coupons, silver coins, game coins, items, equipment, etc., are part of the services provided by Smile Game, and their ownership belongs to Smile Game. Users can only use the virtual goods in accordance with the law and the rules of the game, and can be permitted to use part of the virtual goods through game behaviour and top-up behaviour. The "exchange/transfer of virtual goods" referred to in this Agreement refers to the exchange/transfer of the right to use the virtual goods, and the Player does not have the right to exchange/transfer the ownership of the virtual goods.
3. Tariff policy
In providing products and services, Smile Game may charge users a certain fee for some products and services. In this case, Smile Game will make a reminder on the relevant page. If users refuse to pay such fees, they will not be able to use the relevant products and services.
Users should purchase the paid products and services of Smile Game in accordance with the tariff policy determined by Smile Game; otherwise, Smile Game may immediately stop providing such products and services to users.
Smile Game will have the right to determine and modify the tariffs and fees for the products and services provided (including modifications from free to paid ) from time to time, and Smile Game may set different tariffs and fees for different products and services, and may also determine different tariffs and fees according to the different stages of the products and services provided. In addition, Smile Game may revise the tariff policy from time to time. Smile Game will place information about the tariffs, fees, purchasing methods or other information about the tariff policy of the products and services in a prominent position on the relevant web pages of the products and services.
In order to protect the legitimate rights and interests of users and their right to use the products and services of Smile Game in full, we recommend that users purchase the relevant products and services from the distributors designated by Smile Game.
4. Account number and password
The user undertakes to register for the Smile Games Pass with his/her real identity, and guarantees that the personal identification information provided is true, complete and valid, and that he/she bears the corresponding legal responsibility for the information provided in accordance with the provisions of the law and this Agreement. If a user registers for a Smile Game Pass with his/her real identity and needs to modify the personal identification information provided, Smile Game shall provide the service to him/her in a timely and effective manner.
Smile Game has the right to review whether the identity information provided by the user registration is true and valid, and should actively take technical and management and other reasonable measures to protect the security and effectiveness of the user's account; the user is obliged to keep their account number and password, and correctly and safely use their account number and password. Any party who fails to fulfil the above obligations leads to account password loss, account theft and other situations that cause damage to the civil rights of the user and others, shall bear the resulting legal liability.
Upon successful registration of the User's application, Smile Game reserves the right to assign the User a Smile Game Pass account based on the commercial operation of Smile Game's various products. The User understands and agrees that once an account has been set up, it cannot be changed, whereas a password can be changed via the Smile Game website.
The User understands and agrees that each registration of a Smile Game Pass account is an act of contracting and results in a separate service contract. However, Smile Game reserves the right to manage different accounts under the same user name individually or as a whole.
Users should provide complete, detailed and truthful personal information when registering, and if the information provided changes later, users should log in to their accounts in time to update it. If the personal data left by the user at Smile Game is not in accordance with the facts, Smile Game may cease to continue to provide products and services to him/her. When a user claims ownership of an account with Smile Game, Smile Game reserves the right not to recognise the account as being owned by the user if there is any inconsistency between the account's identity record with Smile Game and the user's identity information.
The User understands and agrees that the User shall not disclose or provide the User's account number and password to others, nor lend or transfer the User's account number to others without the permission of the User and the registration of the User. If the account or password is leaked due to the user's own fault or if the user's computer is infected with a virus or Trojan horse, the user shall be solely responsible for the resulting loss. Smile Game staff (including but not limited to Smile Game's website and forum administrators, customer service staff, etc.) will not ask for the user's password in any way, so the user should not leak the user's password to anyone, do not share the same account with multiple people, and do not install illegal or unknown programmes. If a user loses his/her password, Smile Game reserves the right to charge an additional fee for services rendered in dealing with this issue.
If the user discovers that the account or password has been illegally used by another person or that there is abnormal use, the user shall immediately notify Smile Game in accordance with the processing methods announced by Smile Game, and shall have the right to notify Smile Game to suspend the login and use of the account, provided that the user shall, at the time of the application, provide valid personal identification information that is consistent with his/her registered identity. If Smile Game verifies that the valid personal identification information provided by the user is consistent with his/her registered identity, Smile Game shall take timely measures to suspend the login and use of the user's account. If Smile Game violates the above agreement and fails to take timely measures to suspend the login and use of the User's account, the User shall be held liable for any damages incurred as a result. In the event that a user fails to provide valid personal identification documents or if the valid personal identification documents provided by the user are inconsistent with the registered identity information, Smile Game shall have the right to reject the user's request.
Smile Game will provide users with certain free or paid tools to protect their accounts and passwords, but users understand and agree that these tools can only improve the security of their accounts and passwords to a certain extent, and that Smile Game does not guarantee that users will be able to guarantee the absolute security of their accounts and passwords after using such tools.
The User understands and agrees that Smile Game may restore the data on a server to a certain point in time in the event of an abnormality in the data on that server (including an abnormality in the data caused by a bug), and that Smile Game shall not be liable for such an abnormality.
5. Rights of users
Upon completion of the account registration, the User is entitled to the use of the account. The User may accept the products and services provided by Smile Game in accordance with this User Agreement and other rules published by Smile Game.
Users have the right to monitor whether Smile Game and Smile Game's staff provide products and services to users in accordance with Smile Game's published standards during the period of accepting the products and services provided by Smile Game, and they can also provide Smile Game with comments and suggestions related to Smile Game's products and services at any time.
Users with legitimate accounts may upload information necessary for the use of the services on the servers of Smile Game, provided that the information does not contain the following content:
(1) Infringe any third party's intellectual property rights, copyright or public/private rights;
(2) Violate any law or public order and morals;
(3) Contain any content that is defamatory, sexually harassing, racially discriminatory, or has an adverse effect on minors;
(4) Contains viruses, Trojan horses, time bombs, etc. that may cause harm to or affect the stability of Smile Game or anyone's computer system.
Smile Game reserves the right to take any action in accordance with the seriousness of the uploaded content, including, but not limited to, suspending or deleting the user's uploaded information in accordance with claims made by third parties.
The User hereby authorises Smile Game to use any content uploaded by the User free of charge.
If the User does not agree with this User Agreement or any modification made by Smile Game, or if the User is not satisfied with the products and services provided by Smile Game, the User may stop using Smile Game's products and services at any time. If the User chooses to stop using the products and services of Smile Game, Smile Game shall not be liable to the User.
6. Obligations of users
Users are required to equip themselves with computers and network equipment necessary for registration and use of the network, and to bear the costs of accessing the Internet.
The products and services provided by Smile Game to users are commercial in nature and users are required to pay the appropriate fees.
The user is obliged to keep the account number, password and other identification information and documents related to the Smile Game Pass in a safe place. The user shall have the right and responsibility for the behaviour generated by the account held after login in accordance with the law, and the person using the account shall be regarded as the user himself or herself, and any behaviour made by him or her shall be regarded as the user's behaviour, and the user shall be responsible for all the behaviour of the user of this account.
The User understands and agrees that: Smile Game reserves the right to establish different security level policies according to the importance of the Services and to require the User to provide the appropriate level of authentication information and materials, including but not limited to: account number, password, copy of identity document, original document, household registration certificate, etc. The User shall be responsible for all consequences arising from the authentication of the User's account. When the applicant for a service passes the identity verification according to the established method of Smile Game, Smile Game can regard him/her as the user of the account and provide the service according to his/her application, and all the consequences arising from this shall be borne by the user who owns the account.
Users agree to abide by the terms and conditions of the Smile Game website and customer service centre (FAQ). Users should check the terms and conditions published on the official website of Smile Game every week, including but not limited to the GM service policy, the handling process of plug-ins, the handling process of pirated numbers and other norms, which norms are also the effective components of this contract and have the same effect as this contract.
Users shall comply with the following principles in the course of using the Smile Games products and receiving the Smile Games services:
(1) Comply with the relevant laws and regulations of the People's Republic of China;
(2) Not to use the service system for any illegal purpose;
(3) Comply with all network protocols, regulations and procedures related to the service;
(4) Not to modify, reverse engineer, decompile, disassemble, copy, or distribute any of the Software, including, but not limited to, the Website and the Software provided by Smile Game;
(5) Not to take any abnormal use behaviours (including but not limited to damaging or attacking the server or overloading the server, etc.) that may affect the network services of Smile Game;
(6) You shall not use the products or accept the services of Smile Game through or with the assistance of third-party software; you shall not take any action that breaks the rules of the game or violates the fairness and order of the game;
(7) Not to use any of Smile Game's intellectual property rights to create or provide the same or similar network services, such as emulation servers, private servers, etc., without Smile Game's written permission;
(8) Not to use the products and network service systems of Smile Game to perform any act that may adversely affect the normal operation of the Internet or may interfere with others' use of the products and network services provided by Smile Game in a normal manner;
(9) Not to use the Smile Games network service system to transmit any harassing, libelous, abusive, threatening, vulgar, obscene, fraudulent, defamatory or any other illegal information material;
(10) Not to use the service system of Smile Game to carry out other behaviours that are detrimental to Smile Game;
(11) Not to use materials or information obtained from sources other than those designated by Smile Game;
(12) Any enquiry about the services, products or business of Smile Game and its business partners shall be made through Smile Game's designated customer service channels and other specialised communication channels, and Smile Game and its related services shall not be subjected to any negative publicity in the public arena;
(13) Users shall immediately notify Smile Game of any illegal use of their account or any security breach of their account;
(14) Users may only exchange or transfer virtual goods (including, but not limited to, virtual currency, virtual items, equipment, etc.) through the built-in exchange channels of Smile Game's games and third party trading platforms certified by Smile Game. Users may not exchange game accounts, characters, virtual currencies, virtual equipment, etc. with real money or real goods without the permission of Smile Game, otherwise Smile Game will consider the user to have unconditionally given up the service of exchange, and Smile Game has the right to freeze, recover and delete the data involved in this service without being responsible for any problems or losses incurred by anyone. Users shall not use any means to steal or trade accounts, characters, virtual currency, virtual equipment or other game data from Smile Game. Except for the virtual property transfer service provided by Smile Game, users shall not use any means to transfer virtual property directly or in disguised form.
(15) When a user's account is suspected of illegal and irregular behaviour, such as number theft, plug-ins, etc., the user shall co-operate with the staff of Smile Game and answer truthfully the questions raised by the game management personnel related to the use of Smile Game' products, so as to safeguard his or her own legitimate rights and interests and the legitimate rights and interests of other users in the game;
(16) Users shall not obtain virtual goods (including, but not limited to, virtual currency and virtual equipment) in the game in any way that violates the rules of use of the game;
(17) Not to use the products and services provided by the game to make profits in reality;
(18) Not to use the services or products of Smile Game to send or disseminate sensitive information and information that violates the national legal system, including but not limited to:
(a) Opposing the fundamental principles established by the Constitution;
(b) Endangering national security, revealing State secrets, subverting State power and undermining State unity
(c) damaging the honour and interests of the State
(d) inciting ethnic hatred or ethnic discrimination and undermining national unity
(e) undermining the State's religious policy and propagating cults and feudal superstitions
(f) spreading rumours that disrupt social order and undermine social stability
(g) spreading obscenity, pornography, gambling, violence, murder, terror or abetting crimes
(h) Insulting or slandering others and infringing on their legitimate rights and interests;
(i) Contain other contents prohibited by laws and administrative regulations.
7. Account cancellation and termination, suspension (i.e., suspension for a limited period of time) of services
If a user commits any one or more of the following acts, Smile Game reserves the right to cancel the user's account or terminate/suspend all or part of the services to the user at any time (including, but not limited to, blocking all or part of the account under the user's username and prohibiting the relevant character from logging in), and also reserves the right to cancel or withdraw any benefits that the user has gained through the violation in the game at any time:
(1) Violation of this User Agreement;
(2) Abuse of the rights enjoyed;
(3) Providing false registration information (including but not limited to identity information and contact information);
(4) Violation of other service rules issued by Smile Game or use of Smile Game services through improper means;
(5) Behaviour that undermines the rights and interests of Smile Game, its right holders, affiliates or cooperative partners, and the legitimate rights and interests of other users (including, but not limited to, monopolising the game scene, unreasonably preventing other users from obtaining the benefits of the game in a normal manner, or any other behaviour that may undermine the fairness, balance and order of the game);
(6) Behaviour that violates the prohibitions of Chinese laws and regulations (including but not limited to publishing illegal information);
(7) Behaviour that is contrary to social customs and morals;
(8) Any other behaviours that violate the relevant regulations of Smile Game;
(9) In addition to the above, the user commits any other improper behaviour when receiving the services of Smile Game;
In particular: If Smile Game makes a decision to suspend all or part of the services to the user in accordance with (1) and (3) above, Smile Game shall inform the user of the suspension period, which shall be reasonable, and Smile Game shall resume the services to the user in a timely manner upon the expiry of the suspension period. However, if the user's breach of contract still exists at the end of the suspension period, Smile Game shall have the right to extend the suspension period.
In the provisions of item (9) above, the improper behaviour committed by the user only refers to the prohibited behaviours explicitly agreed upon in this Agreement or explicitly notified by Smile Game in advance, otherwise, Smile Game shall not make a decision to terminate the service to the user according to the provisions of the situation in item (10).
In the event that Smile Game suspends or terminates its services to a user in accordance with the above provisions, Smile Game shall have the initial burden of proof.
If one or more of the accounts registered by the same user violates this Agreement, Smile Game reserves the right to suspend or terminate the service for some or all of the accounts under the user name or cancel some or all of the accounts under the user name according to the actual situation.
The User understands and agrees that the service provided by Smile Game is completely free of charge until a Smile Game Pass account is topped up.
The User understands and agrees that if a Smile Game Pass account has not logged in to any of Smile Game's online games for a period of 360 consecutive days (counting from the expiry date of the package), Smile Game's service system may no longer retain the account and the data related to the account.
8. Interruption of network services
In the event of any of the following circumstances, even without notice, Smile Game reserves the right to interrupt the network services provided without any liability to the user:
(1) Regularly carry out the necessary maintenance, upkeep and construction of the relevant web servers or game servers and other network equipment or official websites related to the products and network services provided. Users can check the daily downtime maintenance schedule at the official website of Smile Game and in the game announcement;
(2) At any time and at the discretion of Smile Games, carry out the necessary maintenance, upkeep and construction of the relevant web servers or game servers and other network equipment or the relevant official websites of the products and network services provided;
(3) Due to the failure, malfunction or human negligence of the software and hardware equipment of Smile Game, Smile Game' partners or the telecommunication network system;
(4) others have hacked into the network of Smile Game, tampered with, deleted or falsified or fabricated data on the website, or committed any act that affects the normal operation of Smile Game' computer system;
(5) Force majeure causes, such as natural disasters;
(6) As a result of the requirements of the relevant organisations based on legal or statutory procedures;
(7) Other provisions based on laws or national policies.
9. Termination of network services
If Smile Game terminates the operation of an online game, or if the right to operate an online game is transferred, an announcement shall be made 60 days in advance. The virtual currency of the online game not yet used by the user and the game service not yet invalidated shall be refunded to the user in legal tender or in other ways accepted by the user according to the proportion of the user's purchase.
Online games shall be deemed to be terminated if the service is interrupted for more than 30 consecutive days due to the cessation of service access, technical failures and other reasons attributable to the online game operator itself.
10. Test and experience servers
Stage Server (Stage Server) means the server on which Smile Game provides its products and services to users during its announced testing phase (including but not limited to closed beta, internal beta and public beta).
Experience Servers (Experience Server) are servers launched by Smile Game in certain games to test the stability of the latest version of the game system and game content, and users can experience the latest products and service content in the Experience Server.
All information in the Stage Server as well as Experience Server will be excluded from the custody of the service. Once the user logs in the Stage Server or Experience Server and accepts the game service of the Stage Server or Experience Server, it means that you voluntarily accept the following terms and conditions:
(1) The service content provided by the Stage Server or Experience Server is an unofficial version, which may be different from the content of the official service, and there may be instability of the programme or loss of data. Smile Game will not be responsible for any abnormalities arising from users playing in the Stage Server or Experience Server;
(2) Smile Game will from time to time carry out maintenance on the Stage Server or Experience Server and delete all or part of the data of the Stage Server and Experience Server (including but not limited to the characters, experience value, items and any related records and information in your account) as necessary, or make lawful use of them;
(3) Considering the unstable situation of the Stage and Experience Servers, Smile Game reserves the right not to provide the customer services announced on the official website of the game to the users who have logged into the Stage and Experience Servers;
(4) Smile Games shall not be liable for any damages incurred by any person as a result of logging in to the Stage or Experience Server, or receiving the services provided by the Stage or Experience Server;
(5) During the test period, Smile Game may collect information about the user's hardware configuration, the programme will automatically collect and only collect your hardware configuration information, and will not collect any other information.
11. Privacy
Protecting the privacy of our users is a fundamental policy of Smile Game.
Smile Game will use commercially reasonable means to protect the security of Users' Personal Data. Smile Game will use generally available security technologies and procedures to protect the User's Personal Data from unauthorised access, use or disclosure. Smile Game will not be liable for any loss of user accounts or disclosure of user personal data through no fault of Smile Game.
Smile Game promises not to disclose the user's real name, ID number, home address, mailing address, postal code, email address, password, password protection hints and answers, etc. in the user's registration data without obtaining the user's permission. However, the following circumstances are excluded:
(1) The user or the user's guardian allows Smile Game to disclose;
(2) If Smile Game is required by relevant laws, regulations or administrative rules to disclose the information;
(3) When Smile Game is required to disclose by judicial or administrative authorities based on legal procedures;
(4) When Smile Game files a lawsuit or arbitration against the user in order to protect its legitimate rights and interests;
(5) When the user's guardian legally requests the provision of the user's personal identity information.
12. Liability for breach of contract
The User agrees to protect and safeguard the interests of Smile Game and other Users. If the user violates the relevant laws and regulations or any terms and conditions under this User Agreement and causes damage to Smile Game or any other third party, the user agrees to bear the responsibility for the resulting damages.
User agrees to indemnify and hold harmless Smile Game's parent company, subsidiaries, affiliates, employees, and all related persons from any and all damages and liabilities arising out of User's violation of applicable laws and regulations or this User Agreement.
13. Disclaimer
To the fullest extent permitted by law, Smile Game disclaims all warranties, whether express or implied, including, but not limited to, any implied warranties and liabilities of merchantability, fitness for a particular purpose, reliability, accuracy, completeness, freedom from viruses and freedom from errors.
In addition, to the fullest extent permitted by applicable law, Smile Games does not warrant that the products and services provided by Smile Games will meet the user's requirements, that the services provided will be uninterrupted, or that the timeliness of the products and services, their security, the occurrence of errors, or the accuracy, timeliness, or smoothness of the transmission of information will be maintained.
To the maximum extent permitted by applicable law, Smile Game shall not be liable for any incidental, indirect, special, or consequential damages or claims arising out of or in any way connected with the user's use of Smile Game' products and services (including, without limitation, damages for personal injury, for breach of privacy, for failure to fulfil any duty of care including good faith or reasonable care, for negligence and for any other pecuniary or other loss).
14. Legal jurisdiction
The laws of the People's Republic of China shall apply to the interpretation and application of the specifications relating to the products and services hereunder, as well as to the rights and obligations arising between the User and Smile Game as a result of the use of Smile Game' products and services (excluding the applicable law of foreign-related civil law or other similar regulations). All disputes relating to this Agreement, including but not limited to disputes arising from the signing or performance of this Agreement, disputes arising in the course of the performance of this Agreement, as well as disputes arising from the products and services under this Agreement, shall be subject to the court of first instance jurisdiction of the court in the location of Beijing Smile Game Technology Co. In addition, if any of the contents of this User Agreement conflict with the law, the provisions of the law shall prevail, and at the same time, Smile Game will re-interpret or modify the relevant terms and conditions, while the other parts of this User Agreement will remain legally effective for the User.
15. Service and notification
All notices under this User Agreement may be given by means of a page announcement, email or regular mail transmission, and such notices shall be deemed to be served on the date of such announcement or transmission.
16. Other provisions
If any part of this User Agreement is, for any reason, invalid or unenforceable in whole or in part, the remainder of this User Agreement shall remain in effect and shall be binding on the parties hereto.
The headings in this User Agreement are for convenience only and have no legal or contractual effect.
This User Agreement is a legal agreement between the User and Beijing Smile Game Technology Co.(hereinafter referred to as ‘Smile Game’).
"User" means an individual who is willing to accept, or has in fact accepted, the products and services offered by Smile Game.
This agreement is the general terms and conditions applicable to the user's acceptance of the products and services of Smile Game. Therefore, users are requested to read all parts of this User Agreement (especially the bold underlined parts) in detail before registering as a user of the Smile Game Pass or before accepting Smile Game's products and services.
This agreement is divided into two main parts, the first part is the "Required Terms and Conditions of the Format Agreement for Online Game Services" formulated by the Chinese Ministry of Culture in accordance with the "Interim Provisions on the Administration of Online Games" (Decree No. 49 of the Ministry of Culture), and the second part is the "Smile Game User Agreement" formulated by Smile Game in accordance with the "Contract Law of the People's Republic of China", the "Interim Provisions on the Administration of Online Games" and other national laws and regulations. In the event of any inconsistency between the "Required Terms and Conditions of the Format Agreement for Online Game Services" and the "Smile Game Pass User Agreement", the "Required Terms and Conditions of the Format Agreement for Online Game Services" shall prevail.
The first part of the Ministry of Culture video game services form agreement necessary terms and conditions
According to the Interim Provisions on the Management of Online Games (Decree No. 49 of the Ministry of Culture), the Ministry of Culture formulates the Required Terms of Formatting Agreement for Online Game Services. Party A is a video game operator and Party B is a video game user.
1.Account Registration
1.1 Party B undertakes to register as a user of Party A with its real identity, and guarantees that the personal identification data information provided is true, complete and valid, and undertakes the corresponding legal responsibility for the information provided in accordance with the provisions of the law and the necessary terms and conditions.
1.2 After Party B registers as a user of Party A with its real identity, if it needs to modify the personal identification data information provided, Party A shall provide the service for it in a timely and effective manner.
2. User account use and custody
2.1 According to the agreement of the necessary terms, Party A has the right to review whether the identity information provided by Party B for registration is true and valid, and should actively take reasonable measures to protect the security and validity of the user account, and Party B has the obligation to keep its account number and password properly, and use its account number and password correctly and safely. Any party who fails to fulfil the above obligations resulting in the loss of account passwords, account theft and other situations that cause damage to the civil rights of Party B and others, shall bear the resulting legal liability.
2.2 Party B has the rights and responsibilities in accordance with the law for the behaviours generated by the account held after logging in.
2.3 If Party B discovers that its account number or password has been illegally used by others or there is an abnormal use, it shall promptly notify Party A in accordance with the processing methods announced by Party A, and has the right to notify Party A to take measures to suspend the login and use of the account.
2.4 Where we take measures to suspend the login and use of your account in accordance with your notice, we shall require you to provide and verify valid personal identification information that is consistent with your registered identification information.
2.4.1 If Party A verifies that the valid personal identification information provided by Party B is consistent with the registered identification information, it shall take timely measures to suspend the login and use of Party B's account.
2.4.2 If Party A violates the agreement in paragraph 2.4.1 and fails to take timely measures to suspend the login and use of Party B's account, and as a result of this, Party B suffers losses, it shall bear its corresponding legal responsibility.
2.4.3 If Party B fails to provide its personal valid identity document or the personal valid identity document provided by Party B is inconsistent with the registered identity information, Party A has the right to reject Party B's above request.
2.5 In order to safeguard its legitimate rights and interests, Party B provides Party A with personal valid identity information consistent with the registered identity information, Party A shall provide Party B with the account registrant certificate, original registration information and other necessary assistance and support, and provide relevant evidence and information to the relevant administrative organs and judicial organs as needed.
3. Suspension and termination of services
3.1 Party B has published illegal information, serious violation of social morality, and other violations of legal prohibitions, Party A shall immediately terminate the provision of services to you.
3.2 If Party B commits an improper act while receiving services from Party A, Party A has the right to terminate the services provided to Party B. The specific circumstances of the improper behaviour should be explicitly agreed in this Agreement or belong to the prohibited behaviours of which Party A has explicitly informed in advance that the service should be terminated, otherwise, Party A shall not terminate the provision of services to Party B.
3.3 Party B provides false registration identity information, or commits acts in violation of this Agreement, Party A has the right to suspend all or part of the services provided to Party B. Party A shall notify Party B of the suspension measures and inform the suspension period, which shall be reasonable, and Party A shall resume the services to Party B in a timely manner upon the expiry of the suspension period.
3.4 Party A shall bear the burden of proof if Party A suspends or terminates the provision of some or all of the Services to Party B in accordance with the provisions of this Treaty.
4. User information protection
4.1 When Party A ask Party B to provide information relating to your personal identity, Party A shall disclose to Party B in advance, in a clear and easily visible manner, our privacy policy and personal information utilisation policy, and take the necessary measures to protect the security of Party B’s personal information.
4.2 Without Party B's permission, Party A shall not provide, disclose or share with any third party any personally identifiable information such as name, personal valid identity document number, contact information, home address, etc. in Party B's registration data, except for the following cases:
4.2.1 where Party B or Party B’s guardian has authorised Party A to make the disclosure;
4.2.2 Where Party A is required by relevant laws to disclose;
4.2.3 Judicial or administrative authorities require Party A to provide them based on legal procedures;
4.2.4 When Party A initiates litigation or arbitration against Party B in order to safeguard its lawful rights and interests;
4.2.5 Providing Party B with personally identifiable information at the lawful request of Party B’s guardian.
Part II. User Agreement
1. Overview
The user understands and agrees that by clicking on the "AGGREE" button and completing the registration, the user has accepted this User Agreement and the service rules published by Smile Game and is willing to be bound by them. The service rules include, but not limited to, the Smile Game software licensing and service agreement, online game anti-drunkenness system and real-name authentication service agreement and may expand other corresponding terms of service, game rules, announcements, etc., minors should be accompanied by their guardians to read the terms of service and agree to it before accepting the terms of service. The guardian shall strengthen the supervision and protection of the minor, and shall be responsible for any damage to the minor's interests or impact on the interests of Smile Game due to his/her failure to fulfil his/her guardianship responsibilities prudently. In the event of a dispute, the user shall not be allowed to use the excuse of not having read it carefully as a defence.
The user understands and agrees that, with the change of business conditions, Smile Game reserves the right to modify this User Agreement and the related service rules at any time. In the event that the User Agreement is amended, Smile Game will announce the fact of the amendment on the relevant page and reserves the right not to give individual notice to the User. Users should check the relevant announcements on the official website of Smile Game before logging in to each of Smile Game's games to be aware of any changes to this User Agreement and other service rules. If the user do not agree with this User Agreement or the Service Rules, or if the user do not agree with any modifications made by Smile Game, you may voluntarily stop using the products and services provided by Smile Game. If users continue to use the products and services provided by Smile Game after Smile Game has modified the Agreement or the Service Rules, users agree to all the modifications made by Smile Game to this User Agreement and the Service Rules.
2. Intellectual property rights and declarations of ownership
All copyrights, patents, trademarks, trade secrets, other intellectual property rights, proprietary rights or other rights in all information, materials, technologies (including related software) provided by Smile Game in connection with the products and services are owned by Smile Game or its right holders, and the user is not allowed to modify, copy, or reproduce any of such information, materials, software, products, and services, unless legally authorised to do so by Smile Game or its right holders in advance, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works, transfer or sell any such information, software, products and services. If the User fails to comply with the foregoing provisions of these Terms of Use, without prejudice to other rights, Smile Game may immediately terminate the provision of the Products and Services to the User, and the User must destroy any such information, materials, software, or products that have been obtained. Smile Game owns the ownership of any data and information (including but not limited to account information, game data and system derived data, etc.) generated by the user in the course of using the Smile Game software or the user's acceptance of the services of Smile Game. Users are only entitled to use such data and information in accordance with the User Agreement and the relevant game rules.
The user understands and agrees that all data (including but not limited to virtual goods, etc.) on all servers provided by Smile Game belongs to "Beijing Smile Game Technology Co. Without prejudice to the normal acceptance of the service by the user, Smile Game has the right to decide to retain or not to retain all or part of the data on the server.
The data of all kinds of virtual goods in the products and services of Smile Game, including but not limited to gold coins, point coupons, silver coins, game coins, items, equipment, etc., are part of the services provided by Smile Game, and their ownership belongs to Smile Game. Users can only use the virtual goods in accordance with the law and the rules of the game, and can be permitted to use part of the virtual goods through game behaviour and top-up behaviour. The "exchange/transfer of virtual goods" referred to in this Agreement refers to the exchange/transfer of the right to use the virtual goods, and the Player does not have the right to exchange/transfer the ownership of the virtual goods.
3. Tariff policy
In providing products and services, Smile Game may charge users a certain fee for some products and services. In this case, Smile Game will make a reminder on the relevant page. If users refuse to pay such fees, they will not be able to use the relevant products and services.
Users should purchase the paid products and services of Smile Game in accordance with the tariff policy determined by Smile Game; otherwise, Smile Game may immediately stop providing such products and services to users.
Smile Game will have the right to determine and modify the tariffs and fees for the products and services provided (including modifications from free to paid ) from time to time, and Smile Game may set different tariffs and fees for different products and services, and may also determine different tariffs and fees according to the different stages of the products and services provided. In addition, Smile Game may revise the tariff policy from time to time. Smile Game will place information about the tariffs, fees, purchasing methods or other information about the tariff policy of the products and services in a prominent position on the relevant web pages of the products and services.
In order to protect the legitimate rights and interests of users and their right to use the products and services of Smile Game in full, we recommend that users purchase the relevant products and services from the distributors designated by Smile Game.
4. Account number and password
The user undertakes to register for the Smile Games Pass with his/her real identity, and guarantees that the personal identification information provided is true, complete and valid, and that he/she bears the corresponding legal responsibility for the information provided in accordance with the provisions of the law and this Agreement. If a user registers for a Smile Game Pass with his/her real identity and needs to modify the personal identification information provided, Smile Game shall provide the service to him/her in a timely and effective manner.
Smile Game has the right to review whether the identity information provided by the user registration is true and valid, and should actively take technical and management and other reasonable measures to protect the security and effectiveness of the user's account; the user is obliged to keep their account number and password, and correctly and safely use their account number and password. Any party who fails to fulfil the above obligations leads to account password loss, account theft and other situations that cause damage to the civil rights of the user and others, shall bear the resulting legal liability.
Upon successful registration of the User's application, Smile Game reserves the right to assign the User a Smile Game Pass account based on the commercial operation of Smile Game's various products. The User understands and agrees that once an account has been set up, it cannot be changed, whereas a password can be changed via the Smile Game website.
The User understands and agrees that each registration of a Smile Game Pass account is an act of contracting and results in a separate service contract. However, Smile Game reserves the right to manage different accounts under the same user name individually or as a whole.
Users should provide complete, detailed and truthful personal information when registering, and if the information provided changes later, users should log in to their accounts in time to update it. If the personal data left by the user at Smile Game is not in accordance with the facts, Smile Game may cease to continue to provide products and services to him/her. When a user claims ownership of an account with Smile Game, Smile Game reserves the right not to recognise the account as being owned by the user if there is any inconsistency between the account's identity record with Smile Game and the user's identity information.
The User understands and agrees that the User shall not disclose or provide the User's account number and password to others, nor lend or transfer the User's account number to others without the permission of the User and the registration of the User. If the account or password is leaked due to the user's own fault or if the user's computer is infected with a virus or Trojan horse, the user shall be solely responsible for the resulting loss. Smile Game staff (including but not limited to Smile Game's website and forum administrators, customer service staff, etc.) will not ask for the user's password in any way, so the user should not leak the user's password to anyone, do not share the same account with multiple people, and do not install illegal or unknown programmes. If a user loses his/her password, Smile Game reserves the right to charge an additional fee for services rendered in dealing with this issue.
If the user discovers that the account or password has been illegally used by another person or that there is abnormal use, the user shall immediately notify Smile Game in accordance with the processing methods announced by Smile Game, and shall have the right to notify Smile Game to suspend the login and use of the account, provided that the user shall, at the time of the application, provide valid personal identification information that is consistent with his/her registered identity. If Smile Game verifies that the valid personal identification information provided by the user is consistent with his/her registered identity, Smile Game shall take timely measures to suspend the login and use of the user's account. If Smile Game violates the above agreement and fails to take timely measures to suspend the login and use of the User's account, the User shall be held liable for any damages incurred as a result. In the event that a user fails to provide valid personal identification documents or if the valid personal identification documents provided by the user are inconsistent with the registered identity information, Smile Game shall have the right to reject the user's request.
Smile Game will provide users with certain free or paid tools to protect their accounts and passwords, but users understand and agree that these tools can only improve the security of their accounts and passwords to a certain extent, and that Smile Game does not guarantee that users will be able to guarantee the absolute security of their accounts and passwords after using such tools.
The User understands and agrees that Smile Game may restore the data on a server to a certain point in time in the event of an abnormality in the data on that server (including an abnormality in the data caused by a bug), and that Smile Game shall not be liable for such an abnormality.
5. Rights of users
Upon completion of the account registration, the User is entitled to the use of the account. The User may accept the products and services provided by Smile Game in accordance with this User Agreement and other rules published by Smile Game.
Users have the right to monitor whether Smile Game and Smile Game's staff provide products and services to users in accordance with Smile Game's published standards during the period of accepting the products and services provided by Smile Game, and they can also provide Smile Game with comments and suggestions related to Smile Game's products and services at any time.
Users with legitimate accounts may upload information necessary for the use of the services on the servers of Smile Game, provided that the information does not contain the following content:
(1) Infringe any third party's intellectual property rights, copyright or public/private rights;
(2) Violate any law or public order and morals;
(3) Contain any content that is defamatory, sexually harassing, racially discriminatory, or has an adverse effect on minors;
(4) Contains viruses, Trojan horses, time bombs, etc. that may cause harm to or affect the stability of Smile Game or anyone's computer system.
Smile Game reserves the right to take any action in accordance with the seriousness of the uploaded content, including, but not limited to, suspending or deleting the user's uploaded information in accordance with claims made by third parties.
The User hereby authorises Smile Game to use any content uploaded by the User free of charge.
If the User does not agree with this User Agreement or any modification made by Smile Game, or if the User is not satisfied with the products and services provided by Smile Game, the User may stop using Smile Game's products and services at any time. If the User chooses to stop using the products and services of Smile Game, Smile Game shall not be liable to the User.
6. Obligations of users
Users are required to equip themselves with computers and network equipment necessary for registration and use of the network, and to bear the costs of accessing the Internet.
The products and services provided by Smile Game to users are commercial in nature and users are required to pay the appropriate fees.
The user is obliged to keep the account number, password and other identification information and documents related to the Smile Game Pass in a safe place. The user shall have the right and responsibility for the behaviour generated by the account held after login in accordance with the law, and the person using the account shall be regarded as the user himself or herself, and any behaviour made by him or her shall be regarded as the user's behaviour, and the user shall be responsible for all the behaviour of the user of this account.
The User understands and agrees that: Smile Game reserves the right to establish different security level policies according to the importance of the Services and to require the User to provide the appropriate level of authentication information and materials, including but not limited to: account number, password, copy of identity document, original document, household registration certificate, etc. The User shall be responsible for all consequences arising from the authentication of the User's account. When the applicant for a service passes the identity verification according to the established method of Smile Game, Smile Game can regard him/her as the user of the account and provide the service according to his/her application, and all the consequences arising from this shall be borne by the user who owns the account.
Users agree to abide by the terms and conditions of the Smile Game website and customer service centre (FAQ). Users should check the terms and conditions published on the official website of Smile Game every week, including but not limited to the GM service policy, the handling process of plug-ins, the handling process of pirated numbers and other norms, which norms are also the effective components of this contract and have the same effect as this contract.
Users shall comply with the following principles in the course of using the Smile Games products and receiving the Smile Games services:
(1) Comply with the relevant laws and regulations of the People's Republic of China;
(2) Not to use the service system for any illegal purpose;
(3) Comply with all network protocols, regulations and procedures related to the service;
(4) Not to modify, reverse engineer, decompile, disassemble, copy, or distribute any of the Software, including, but not limited to, the Website and the Software provided by Smile Game;
(5) Not to take any abnormal use behaviours (including but not limited to damaging or attacking the server or overloading the server, etc.) that may affect the network services of Smile Game;
(6) You shall not use the products or accept the services of Smile Game through or with the assistance of third-party software; you shall not take any action that breaks the rules of the game or violates the fairness and order of the game;
(7) Not to use any of Smile Game's intellectual property rights to create or provide the same or similar network services, such as emulation servers, private servers, etc., without Smile Game's written permission;
(8) Not to use the products and network service systems of Smile Game to perform any act that may adversely affect the normal operation of the Internet or may interfere with others' use of the products and network services provided by Smile Game in a normal manner;
(9) Not to use the Smile Games network service system to transmit any harassing, libelous, abusive, threatening, vulgar, obscene, fraudulent, defamatory or any other illegal information material;
(10) Not to use the service system of Smile Game to carry out other behaviours that are detrimental to Smile Game;
(11) Not to use materials or information obtained from sources other than those designated by Smile Game;
(12) Any enquiry about the services, products or business of Smile Game and its business partners shall be made through Smile Game's designated customer service channels and other specialised communication channels, and Smile Game and its related services shall not be subjected to any negative publicity in the public arena;
(13) Users shall immediately notify Smile Game of any illegal use of their account or any security breach of their account;
(14) Users may only exchange or transfer virtual goods (including, but not limited to, virtual currency, virtual items, equipment, etc.) through the built-in exchange channels of Smile Game's games and third party trading platforms certified by Smile Game. Users may not exchange game accounts, characters, virtual currencies, virtual equipment, etc. with real money or real goods without the permission of Smile Game, otherwise Smile Game will consider the user to have unconditionally given up the service of exchange, and Smile Game has the right to freeze, recover and delete the data involved in this service without being responsible for any problems or losses incurred by anyone. Users shall not use any means to steal or trade accounts, characters, virtual currency, virtual equipment or other game data from Smile Game. Except for the virtual property transfer service provided by Smile Game, users shall not use any means to transfer virtual property directly or in disguised form.
(15) When a user's account is suspected of illegal and irregular behaviour, such as number theft, plug-ins, etc., the user shall co-operate with the staff of Smile Game and answer truthfully the questions raised by the game management personnel related to the use of Smile Game' products, so as to safeguard his or her own legitimate rights and interests and the legitimate rights and interests of other users in the game;
(16) Users shall not obtain virtual goods (including, but not limited to, virtual currency and virtual equipment) in the game in any way that violates the rules of use of the game;
(17) Not to use the products and services provided by the game to make profits in reality;
(18) Not to use the services or products of Smile Game to send or disseminate sensitive information and information that violates the national legal system, including but not limited to:
(a) Opposing the fundamental principles established by the Constitution;
(b) Endangering national security, revealing State secrets, subverting State power and undermining State unity
(c) damaging the honour and interests of the State
(d) inciting ethnic hatred or ethnic discrimination and undermining national unity
(e) undermining the State's religious policy and propagating cults and feudal superstitions
(f) spreading rumours that disrupt social order and undermine social stability
(g) spreading obscenity, pornography, gambling, violence, murder, terror or abetting crimes
(h) Insulting or slandering others and infringing on their legitimate rights and interests;
(i) Contain other contents prohibited by laws and administrative regulations.
7. Account cancellation and termination, suspension (i.e., suspension for a limited period of time) of services
If a user commits any one or more of the following acts, Smile Game reserves the right to cancel the user's account or terminate/suspend all or part of the services to the user at any time (including, but not limited to, blocking all or part of the account under the user's username and prohibiting the relevant character from logging in), and also reserves the right to cancel or withdraw any benefits that the user has gained through the violation in the game at any time:
(1) Violation of this User Agreement;
(2) Abuse of the rights enjoyed;
(3) Providing false registration information (including but not limited to identity information and contact information);
(4) Violation of other service rules issued by Smile Game or use of Smile Game services through improper means;
(5) Behaviour that undermines the rights and interests of Smile Game, its right holders, affiliates or cooperative partners, and the legitimate rights and interests of other users (including, but not limited to, monopolising the game scene, unreasonably preventing other users from obtaining the benefits of the game in a normal manner, or any other behaviour that may undermine the fairness, balance and order of the game);
(6) Behaviour that violates the prohibitions of Chinese laws and regulations (including but not limited to publishing illegal information);
(7) Behaviour that is contrary to social customs and morals;
(8) Any other behaviours that violate the relevant regulations of Smile Game;
(9) In addition to the above, the user commits any other improper behaviour when receiving the services of Smile Game;
In particular: If Smile Game makes a decision to suspend all or part of the services to the user in accordance with (1) and (3) above, Smile Game shall inform the user of the suspension period, which shall be reasonable, and Smile Game shall resume the services to the user in a timely manner upon the expiry of the suspension period. However, if the user's breach of contract still exists at the end of the suspension period, Smile Game shall have the right to extend the suspension period.
In the provisions of item (9) above, the improper behaviour committed by the user only refers to the prohibited behaviours explicitly agreed upon in this Agreement or explicitly notified by Smile Game in advance, otherwise, Smile Game shall not make a decision to terminate the service to the user according to the provisions of the situation in item (10).
In the event that Smile Game suspends or terminates its services to a user in accordance with the above provisions, Smile Game shall have the initial burden of proof.
If one or more of the accounts registered by the same user violates this Agreement, Smile Game reserves the right to suspend or terminate the service for some or all of the accounts under the user name or cancel some or all of the accounts under the user name according to the actual situation.
The User understands and agrees that the service provided by Smile Game is completely free of charge until a Smile Game Pass account is topped up.
The User understands and agrees that if a Smile Game Pass account has not logged in to any of Smile Game's online games for a period of 360 consecutive days (counting from the expiry date of the package), Smile Game's service system may no longer retain the account and the data related to the account.
8. Interruption of network services
In the event of any of the following circumstances, even without notice, Smile Game reserves the right to interrupt the network services provided without any liability to the user:
(1) Regularly carry out the necessary maintenance, upkeep and construction of the relevant web servers or game servers and other network equipment or official websites related to the products and network services provided. Users can check the daily downtime maintenance schedule at the official website of Smile Game and in the game announcement;
(2) At any time and at the discretion of Smile Games, carry out the necessary maintenance, upkeep and construction of the relevant web servers or game servers and other network equipment or the relevant official websites of the products and network services provided;
(3) Due to the failure, malfunction or human negligence of the software and hardware equipment of Smile Game, Smile Game' partners or the telecommunication network system;
(4) others have hacked into the network of Smile Game, tampered with, deleted or falsified or fabricated data on the website, or committed any act that affects the normal operation of Smile Game' computer system;
(5) Force majeure causes, such as natural disasters;
(6) As a result of the requirements of the relevant organisations based on legal or statutory procedures;
(7) Other provisions based on laws or national policies.
9. Termination of network services
If Smile Game terminates the operation of an online game, or if the right to operate an online game is transferred, an announcement shall be made 60 days in advance. The virtual currency of the online game not yet used by the user and the game service not yet invalidated shall be refunded to the user in legal tender or in other ways accepted by the user according to the proportion of the user's purchase.
Online games shall be deemed to be terminated if the service is interrupted for more than 30 consecutive days due to the cessation of service access, technical failures and other reasons attributable to the online game operator itself.
10. Test and experience servers
Stage Server (Stage Server) means the server on which Smile Game provides its products and services to users during its announced testing phase (including but not limited to closed beta, internal beta and public beta).
Experience Servers (Experience Server) are servers launched by Smile Game in certain games to test the stability of the latest version of the game system and game content, and users can experience the latest products and service content in the Experience Server.
All information in the Stage Server as well as Experience Server will be excluded from the custody of the service. Once the user logs in the Stage Server or Experience Server and accepts the game service of the Stage Server or Experience Server, it means that you voluntarily accept the following terms and conditions:
(1) The service content provided by the Stage Server or Experience Server is an unofficial version, which may be different from the content of the official service, and there may be instability of the programme or loss of data. Smile Game will not be responsible for any abnormalities arising from users playing in the Stage Server or Experience Server;
(2) Smile Game will from time to time carry out maintenance on the Stage Server or Experience Server and delete all or part of the data of the Stage Server and Experience Server (including but not limited to the characters, experience value, items and any related records and information in your account) as necessary, or make lawful use of them;
(3) Considering the unstable situation of the Stage and Experience Servers, Smile Game reserves the right not to provide the customer services announced on the official website of the game to the users who have logged into the Stage and Experience Servers;
(4) Smile Games shall not be liable for any damages incurred by any person as a result of logging in to the Stage or Experience Server, or receiving the services provided by the Stage or Experience Server;
(5) During the test period, Smile Game may collect information about the user's hardware configuration, the programme will automatically collect and only collect your hardware configuration information, and will not collect any other information.
11. Privacy
Protecting the privacy of our users is a fundamental policy of Smile Game.
Smile Game will use commercially reasonable means to protect the security of Users' Personal Data. Smile Game will use generally available security technologies and procedures to protect the User's Personal Data from unauthorised access, use or disclosure. Smile Game will not be liable for any loss of user accounts or disclosure of user personal data through no fault of Smile Game.
Smile Game promises not to disclose the user's real name, ID number, home address, mailing address, postal code, email address, password, password protection hints and answers, etc. in the user's registration data without obtaining the user's permission. However, the following circumstances are excluded:
(1) The user or the user's guardian allows Smile Game to disclose;
(2) If Smile Game is required by relevant laws, regulations or administrative rules to disclose the information;
(3) When Smile Game is required to disclose by judicial or administrative authorities based on legal procedures;
(4) When Smile Game files a lawsuit or arbitration against the user in order to protect its legitimate rights and interests;
(5) When the user's guardian legally requests the provision of the user's personal identity information.
12. Liability for breach of contract
The User agrees to protect and safeguard the interests of Smile Game and other Users. If the user violates the relevant laws and regulations or any terms and conditions under this User Agreement and causes damage to Smile Game or any other third party, the user agrees to bear the responsibility for the resulting damages.
User agrees to indemnify and hold harmless Smile Game's parent company, subsidiaries, affiliates, employees, and all related persons from any and all damages and liabilities arising out of User's violation of applicable laws and regulations or this User Agreement.
13. Disclaimer
To the fullest extent permitted by law, Smile Game disclaims all warranties, whether express or implied, including, but not limited to, any implied warranties and liabilities of merchantability, fitness for a particular purpose, reliability, accuracy, completeness, freedom from viruses and freedom from errors.
In addition, to the fullest extent permitted by applicable law, Smile Games does not warrant that the products and services provided by Smile Games will meet the user's requirements, that the services provided will be uninterrupted, or that the timeliness of the products and services, their security, the occurrence of errors, or the accuracy, timeliness, or smoothness of the transmission of information will be maintained.
To the maximum extent permitted by applicable law, Smile Game shall not be liable for any incidental, indirect, special, or consequential damages or claims arising out of or in any way connected with the user's use of Smile Game' products and services (including, without limitation, damages for personal injury, for breach of privacy, for failure to fulfil any duty of care including good faith or reasonable care, for negligence and for any other pecuniary or other loss).
14. Legal jurisdiction
The laws of the People's Republic of China shall apply to the interpretation and application of the specifications relating to the products and services hereunder, as well as to the rights and obligations arising between the User and Smile Game as a result of the use of Smile Game' products and services (excluding the applicable law of foreign-related civil law or other similar regulations). All disputes relating to this Agreement, including but not limited to disputes arising from the signing or performance of this Agreement, disputes arising in the course of the performance of this Agreement, as well as disputes arising from the products and services under this Agreement, shall be subject to the court of first instance jurisdiction of the court in the location of Beijing Smile Game Technology Co. In addition, if any of the contents of this User Agreement conflict with the law, the provisions of the law shall prevail, and at the same time, Smile Game will re-interpret or modify the relevant terms and conditions, while the other parts of this User Agreement will remain legally effective for the User.
15. Service and notification
All notices under this User Agreement may be given by means of a page announcement, email or regular mail transmission, and such notices shall be deemed to be served on the date of such announcement or transmission.
16. Other provisions
If any part of this User Agreement is, for any reason, invalid or unenforceable in whole or in part, the remainder of this User Agreement shall remain in effect and shall be binding on the parties hereto.
The headings in this User Agreement are for convenience only and have no legal or contractual effect.