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End User License Agreement
Last updated: July 16, 2025
If you are under 18 years of age (or the age of majority under applicable law where you live), you must review this Agreement with your parent or guardian. You may only use the XD Services if your parent or guardian has read and accepted this Agreement.
Your parent or guardian is responsible for whether you have the legal capacity to accept the terms of this Agreement and the XD Services.
Introduction
This End User License Agreement ("Agreement") is entered into between Chengyuelou (Chengdu) Information Technology Co., Ltd. ("XD") and you (as defined below) and applies to access and use of the products, content and services provided by XD.
Please read this Agreement carefully before installing any game or using the XD Services. If you do not agree to this Agreement or the Privacy Policy, please click the "Reject" button and do not install or use any XD Services.
By clicking the "Accept" button, installing the Game (as defined below) or using the XD Services (as defined below), you accept and agree to be bound by this Agreement. We may revise and update this Agreement from time to time, and the updated terms shall be deemed to be effective from the date shown at the top of this Agreement. You are responsible for regularly checking this Agreement for any changes. If you continue to use XD services after the changes to this Agreement take effect, you will be deemed to have accepted the revised new terms, unless the changes are substantial changes related to your interests, in which case we will notify you in other effective ways so that you can decide whether to continue to use our services.
1. Definitions
The terms used in this Agreement but not otherwise defined shall have the following meanings:
1.1 "You/Your" refers to a person who has been granted a non-commercial license by XD through any legal means to install the game and/or use XD services, also known as a "user" or "end user".
1.2 "Game" refers to the "Fate rope" game software provided or operated by XD, including all its updates, enhancements, patches, upgrades, add-ons, its free and/or paid downloadable content, any related documents, packaging, manuals, game data, and any other elements that are part of the game (either individually or in combination).
1.3 "XD Services" means any and all services related to the Services provided by XD, including but not limited to game software, servers, websites, platforms, community channels, forums, social media, online or offline events and other online or offline services.
1.4 "Content" means any materials or elements related to the Games and XD Services, including but not limited to software, technology, text, forum posts, profiles, graphics, pictures, images, designs, music, voice, videos and all audio-visual materials.
1.5 "License" has the meaning set out in Section 3.
1.6 "User Content" means any derivative works of the Game, including but not limited to live game screens and videos, game modules, and other works created by users based on the Game.
1.7 "User Generated Content" ("UGC") means any content generated by users that is not related to or based on the Game, including feedback, suggestions, comments, ideas, forum posts, profile content, and other content provided, published or otherwise communicated by users to XD directly or indirectly regarding the XD Services, Platform or Games, also known as "UGC".
2. License
2.1Except for any third-party materials and user-generated content described below, all content, games, XD services, user content and all titles, ownership rights, intellectual property rights, neighboring rights and other rights and interests therein belong solely to XD or its licensors and are protected by international copyright, trade dress, patent and trademark laws, international conventions and other laws protecting intellectual property and related proprietary rights.
"Intellectual Property Rights" means any and all copyrights, trademarks, service marks, trade dress, brand names, logos, goodwill, designs, trade, business names or domain names, design rights, character rights, access rights, database rights, patents, inventions, know-how, trade secrets and confidential information, rights in computer software (including source code and object code), moral rights, author's rights, publicity rights, performance rights, synchronization rights, mechanical rights, publishing rights, rental rights, lending rights and communication rights and other intellectual property rights and rights of similar or corresponding nature that may exist now or in the future throughout the world, whether registered or registrable, including all applications approved, and all applications for registration, division, continuation, reissue, renewal, extension, restoration and reversion in relation to any of the foregoing.
2.2 You acknowledge that the use of the Game or XD Services may require the functional support of certain third-party software and/or websites, and you are solely responsible for complying with the terms and conditions of such third-party software and/or websites.
2.3 Once you agree to abide by all the terms of this Agreement, XD will grant you a personal, limited, non-exclusive, non-commercial, non-transferable, non-sublicensable, non-assignable and fully revocable license to use the Games and XD Services (the "License"). You acknowledge that the foregoing rights are licensed and not sold to you. If any use of the XD Services and Content exceeds the scope of the License, including for any commercial purpose, you shall obtain XD's consent separately.
2.4 Except as otherwise permitted in this Agreement, you shall not:
(1) reverse engineer, translate, adapt, disassemble, decompile or disassemble in any form any Game or Service in whole or in part;
(2) copy, reproduce, modify, translate, distribute, transmit, publish, perform, display or disseminate any XD Service, Game, Content (whether in whole or in part) via the Internet;
(3) sell, sublicense, rent or grant a security interest in any XD Service, Game, Content in whole or in part; and/or
(4) take any other actions with respect to XD Services, Games or Content that are prohibited by applicable laws and regulations in your country of residence.
2.5 XD and/or its licensors retain all ownership, title and interest (including, without limitation, ownership, intellectual property and proprietary rights) in and to the Games, Content and XD Services not expressly granted in this Agreement.
3. User Generated Content and User Content
3.1 You acknowledge and agree that you are responsible for your User Generated Content and User Content. You may not upload, transmit or share any User Generated Content or User Content that infringes upon the legal rights of third parties (including intellectual property rights) or violates laws, regulations, local policies and this EULA.
3.2 By uploading or contributing User Generated Content, you grant XD, its licensors and licensees an irrevocable, non-exclusive, transferable, sublicensable, royalty-free, worldwide, perpetual license to use, store, reproduce, modify, create derivative works from, publicly perform, publicly display or otherwise transmit and disseminate the User Generated Content, or any portion thereof, in any manner or form, through any media or forum (whether now known or hereafter created), without any notice or payment to you or any third party, and without any attribution in any manner. You also grant all other users who access and use your User Generated Content in the Game and XD Services the right to use, copy, modify, display, perform, create derivative works from, and disseminate and distribute your User Generated Content on or through the relevant XD Services without further notice, attribution, or compensation or reimbursement to you.
3.3 To the extent that any right or interest in User Generated Content (such as moral rights) may not be licensed or transferred under applicable law, you hereby expressly waive and agree not to assert any such rights, publicity, and/or seek any compensation or reimbursement from XD.
4. Code of Conduct
4.1 To use the XD Services, you shall comply with all terms of this Agreement and other rules or policies (including our Privacy Policy) published from time to time by XD on its official website, game platform or in the Game. You represent, warrant and agree that you will not use the XD Services in any illegal, threatening or harassing manner, or take any action that XD, in its sole discretion, deems offensive, defamatory, libelous, indecent, objectionable, immoral, or in violation of applicable laws and regulations in the country or region where you reside or work.
4.2 In addition to the foregoing, during your use of the XD Services, you agree not to:
Violate any laws, regulations, ordinances or local policies that apply to your use of the XD Services.
Upload files that contain viruses or corrupted data.
Interfere with or disrupt any XD Service or any server or network used to support or provide the XD Services, including hacking or cracking any XD Service
Use any robot, spider or other automatic device or program to access the XD Services for any purpose, such as scraping data or copying materials.
Use any software or program that damages, affects or interferes with the XD Service or another computer or property, such as denial of service attacks, spamming, hacking or uploading computer viruses, worms, Trojans, cancelbots, spyware, corrupted files and time bombs.
Delete information related to copyright ownership or other intellectual property rights from the Games and XD Services.
Use or distribute unauthorized software programs or tools (such as "automatic", "macro", hacking or plug-in software), or take advantage of loopholes or problems in the XD Services to gain unfair benefits.
Modify or forge instructions or data to change or modify the functions or operating effects of the Games or XD Services; or publicly distribute the aforementioned methods (whether or not for commercial purposes).
Access or use the Games and/or XD Services through any third-party software, plug-ins and/or systems not developed or authorized by XD; or publicly distribute the aforementioned software (whether or not for commercial purposes). Contribute user-generated content, organize or participate in any activities, teams or guilds that are inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, pornographic, defamatory, infringing on the rights of others, invading the privacy of others, or otherwise objectionable.
Publish, post, upload or disseminate UGC or content that is illegal or may infringe on any rights or privacy of any third party.
Use user information publicly available in any XD service (e.g., forums) for any improper purpose, including identifying such users in the real world.
Publish or disclose any personal information of any third party (unless expressly required by the game or XD service), including ID number, real name, address, etc.
Use XD services in countries/regions where applicable laws prohibit XD from providing such services.
Use XD services for any commercial purpose, including but not limited to use in Internet cafes, computer game halls or any other fixed locations. Impersonate someone else (including a celebrity), falsely claim to be an XD employee or representative of XD, or attempt to mislead users by indicating that you represent XD or any subsidiary or affiliate of XD.
Instigate, encourage or help others to participate in any of the above prohibited activities.
4.3 You acknowledge and agree that XD has the right to evaluate your behavior and determine whether you have violated the above rules based solely on the data collected by XD in the game and/or XD services.
5. Patches, Updates and Changes
We may (but are not obliged to) add patches, updates or modifications to the game over time (for example: add or remove features to solve software defects or balance the game). This will result in mandatory updates and/or automatic updates, and over time, older versions that are not updated may become unusable. We need these rights to make the game run efficiently, and we have the right to do so without further notice or liability to you.
6. Termination
6.1 This EULA will take effect on the date you purchase, download or use the game (whichever is earlier) until terminated in accordance with its terms. Once this Agreement is terminated, your right to use the Game shall cease immediately and you must immediately uninstall the Game and destroy all copies of the Game in your possession.
6.2 Your right to terminate. You may terminate this Agreement at any time by permanently deactivating the Game or X.D. Services. Termination will not affect any existing rights or obligations of us or you.
6.3 Our right to terminate. If you seriously breach this Agreement (including serious breach of contract and/or breach of contract that may cause actual harm to the Game, other end users, X.D. and its affiliates, licensors and partners), we may suspend or terminate your access to the Game and terminate this Agreement. Where reasonably possible, we will contact you to explain why we are doing so and what you can do (if anything). If we suspend or terminate your access to the Game and terminate this Agreement in accordance with this clause, we will have no obligation or liability to you at all.
6.4 Deactivation of the Game. If we have to permanently stop providing access to the Game or XD Services (in whole or in part, e.g. on a specific platform) for reasons other than your violation, we will notify you at least thirty (30) days (or longer period if required by applicable law) in advance by posting an announcement on our website. In this case, we will not have any future obligations or liabilities to you (but this will not affect pre-existing obligations or liabilities).
6.5 Notwithstanding the foregoing, obligations under this EULA, such as obligations regarding intellectual property rights, shall survive termination of this EULA. In addition, after termination of this EULA, both parties shall remain responsible for any consequences of the actions of one party prior to termination, that is, if a third party holds XD liable for liability arising from your actions prior to termination of this EULA, XD shall be entitled to recover all damages from you.
7. Disclaimer; No Warranty; Limitation of Liability
7.1 You acknowledge and expressly agree that XD makes no representations about the suitability, reliability, availability, timeliness, accuracy, suitability, performance or compatibility of the information, software, products, services and any content contained in the Game and XD Services for any purpose. Your use of the Games and XD Services is at your own risk. The Services are licensed and provided "as is" without warranty of any kind.
7.2 XD hereby disclaims all warranties and conditions with respect to the Games and XD Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the extent applicable law does not allow the exclusion and disclaimer of the warranties set forth above, some of the above exclusions may not apply to you, and all warranties shall be limited to the maximum extent permitted by applicable law. You acknowledge that the disclaimers and exclusions contained in this Agreement will survive any termination or expiration of your access to the Games or XD Services.
7.3 You expressly agree that in no event shall XD, our representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, advertisers or agents be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits or other damages arising out of the use of the XD Services, any interruption of the XD Services, delay in operation or transmission, computer viruses, loss of data, or the use, misuse, reliance, review, operation or other exploitation of the XD Services or data collected through the XD Services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental or other forms of damages, some or all of the above limitations may not apply to you.
7.4 The total aggregate liability of XD, our representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, advertisers or agents shall not exceed the amount of your direct damages (if any) and the total fees you paid to us for the Game.
8. Indemnification
You agree to defend and indemnify XD, our representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, advertisers or customers from any and all losses, costs, expenses (including reasonable attorneys' fees and expenses) claims, damages and liabilities arising from your use of XD Services and your alleged breach of this Agreement, and to ensure that the aforementioned persons do not suffer any damages. XD reserves the right to defend itself against any claim for which XD is entitled to indemnification under this section. In such event, you shall provide XD with the cooperation reasonably requested by XD.
9. Applicable Law and Dispute Resolution
9.1 This Agreement shall be governed by and interpreted in accordance with the laws of the People's Republic of China, without giving effect to any conflict of laws. You understand and agree that any dispute arising under this Agreement shall be resolved through friendly negotiation. If friendly negotiation fails, either party shall have the right to initiate litigation in a court of competent jurisdiction in China.
9.2 You acknowledge and agree that any dispute resolution or litigation proceedings at any location shall be conducted individually, except as otherwise provided by applicable law. Neither you nor XD shall resolve a dispute as a class action or join any other action in which either party serves or proposes to serve as a representative. No action shall be joined with any other action without the written consent of all parties.
9.3 You acknowledge that, to the extent permitted by the laws of your country, any dispute arising from your access to or use of XD services shall be filed within the earlier of the following time periods: (1) one [1] year from the date you became aware of the dispute, or (2) one [1] year from the date the claim or cause of action arose.
10. Others
10.1 Entire Agreement. This Agreement, the XD Privacy Policy, and other rules published from time to time on the XD official website or in the game constitute the entire agreement between you and XD, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and XD.
10.2 Severability. If any provision of this Agreement is deemed illegal or invalid, that provision shall be severed. The remaining provisions of this Agreement shall remain in full force and effect. The severed terms shall be replaced with the enforceable terms that most closely match the original terms.
10.3 Assignment. You may not assign this Agreement, in whole or in part, whether voluntarily, by operation of law, or otherwise, without XD's prior written consent. XD may assign, license, delegate or otherwise transfer its rights or obligations under this Agreement to any third party without restriction. Subject to the preceding sentence, the rights and obligations of the parties to this Agreement shall be binding upon and protect the benefits of the parties to this Agreement and their respective successors and permitted assigns. Any attempt to assign not in accordance with this clause shall be declared invalid.
10.4 No Waiver. XD's failure to exercise or delay in exercising any right under this Agreement shall not be deemed a waiver of the relevant rights, and any single or partial exercise of any right shall not prevent XD from further exercising such rights.
10.5 Notice. XD may send you notices through the XD Service, official website, email, or any other means you may notify us. Unless otherwise provided in this Agreement, all notices you send to XD shall be sent to the address specified in Article 11.
11. Contact Us.
You can also contact us in the following ways:
Contact: Chengyuelou Studio
Address: No. 9-207, Section 1, No. 69, Chuma Road, Wuhou District, Chengdu, Sichuan, China, Postal Code 620000
Email: chengyuelou@vip.qq.com
Last updated: July 16, 2025
If you are under 18 years of age (or the age of majority under applicable law where you live), you must review this Agreement with your parent or guardian. You may only use the XD Services if your parent or guardian has read and accepted this Agreement.
Your parent or guardian is responsible for whether you have the legal capacity to accept the terms of this Agreement and the XD Services.
Introduction
This End User License Agreement ("Agreement") is entered into between Chengyuelou (Chengdu) Information Technology Co., Ltd. ("XD") and you (as defined below) and applies to access and use of the products, content and services provided by XD.
Please read this Agreement carefully before installing any game or using the XD Services. If you do not agree to this Agreement or the Privacy Policy, please click the "Reject" button and do not install or use any XD Services.
By clicking the "Accept" button, installing the Game (as defined below) or using the XD Services (as defined below), you accept and agree to be bound by this Agreement. We may revise and update this Agreement from time to time, and the updated terms shall be deemed to be effective from the date shown at the top of this Agreement. You are responsible for regularly checking this Agreement for any changes. If you continue to use XD services after the changes to this Agreement take effect, you will be deemed to have accepted the revised new terms, unless the changes are substantial changes related to your interests, in which case we will notify you in other effective ways so that you can decide whether to continue to use our services.
1. Definitions
The terms used in this Agreement but not otherwise defined shall have the following meanings:
1.1 "You/Your" refers to a person who has been granted a non-commercial license by XD through any legal means to install the game and/or use XD services, also known as a "user" or "end user".
1.2 "Game" refers to the "Fate rope" game software provided or operated by XD, including all its updates, enhancements, patches, upgrades, add-ons, its free and/or paid downloadable content, any related documents, packaging, manuals, game data, and any other elements that are part of the game (either individually or in combination).
1.3 "XD Services" means any and all services related to the Services provided by XD, including but not limited to game software, servers, websites, platforms, community channels, forums, social media, online or offline events and other online or offline services.
1.4 "Content" means any materials or elements related to the Games and XD Services, including but not limited to software, technology, text, forum posts, profiles, graphics, pictures, images, designs, music, voice, videos and all audio-visual materials.
1.5 "License" has the meaning set out in Section 3.
1.6 "User Content" means any derivative works of the Game, including but not limited to live game screens and videos, game modules, and other works created by users based on the Game.
1.7 "User Generated Content" ("UGC") means any content generated by users that is not related to or based on the Game, including feedback, suggestions, comments, ideas, forum posts, profile content, and other content provided, published or otherwise communicated by users to XD directly or indirectly regarding the XD Services, Platform or Games, also known as "UGC".
2. License
2.1Except for any third-party materials and user-generated content described below, all content, games, XD services, user content and all titles, ownership rights, intellectual property rights, neighboring rights and other rights and interests therein belong solely to XD or its licensors and are protected by international copyright, trade dress, patent and trademark laws, international conventions and other laws protecting intellectual property and related proprietary rights.
"Intellectual Property Rights" means any and all copyrights, trademarks, service marks, trade dress, brand names, logos, goodwill, designs, trade, business names or domain names, design rights, character rights, access rights, database rights, patents, inventions, know-how, trade secrets and confidential information, rights in computer software (including source code and object code), moral rights, author's rights, publicity rights, performance rights, synchronization rights, mechanical rights, publishing rights, rental rights, lending rights and communication rights and other intellectual property rights and rights of similar or corresponding nature that may exist now or in the future throughout the world, whether registered or registrable, including all applications approved, and all applications for registration, division, continuation, reissue, renewal, extension, restoration and reversion in relation to any of the foregoing.
2.2 You acknowledge that the use of the Game or XD Services may require the functional support of certain third-party software and/or websites, and you are solely responsible for complying with the terms and conditions of such third-party software and/or websites.
2.3 Once you agree to abide by all the terms of this Agreement, XD will grant you a personal, limited, non-exclusive, non-commercial, non-transferable, non-sublicensable, non-assignable and fully revocable license to use the Games and XD Services (the "License"). You acknowledge that the foregoing rights are licensed and not sold to you. If any use of the XD Services and Content exceeds the scope of the License, including for any commercial purpose, you shall obtain XD's consent separately.
2.4 Except as otherwise permitted in this Agreement, you shall not:
(1) reverse engineer, translate, adapt, disassemble, decompile or disassemble in any form any Game or Service in whole or in part;
(2) copy, reproduce, modify, translate, distribute, transmit, publish, perform, display or disseminate any XD Service, Game, Content (whether in whole or in part) via the Internet;
(3) sell, sublicense, rent or grant a security interest in any XD Service, Game, Content in whole or in part; and/or
(4) take any other actions with respect to XD Services, Games or Content that are prohibited by applicable laws and regulations in your country of residence.
2.5 XD and/or its licensors retain all ownership, title and interest (including, without limitation, ownership, intellectual property and proprietary rights) in and to the Games, Content and XD Services not expressly granted in this Agreement.
3. User Generated Content and User Content
3.1 You acknowledge and agree that you are responsible for your User Generated Content and User Content. You may not upload, transmit or share any User Generated Content or User Content that infringes upon the legal rights of third parties (including intellectual property rights) or violates laws, regulations, local policies and this EULA.
3.2 By uploading or contributing User Generated Content, you grant XD, its licensors and licensees an irrevocable, non-exclusive, transferable, sublicensable, royalty-free, worldwide, perpetual license to use, store, reproduce, modify, create derivative works from, publicly perform, publicly display or otherwise transmit and disseminate the User Generated Content, or any portion thereof, in any manner or form, through any media or forum (whether now known or hereafter created), without any notice or payment to you or any third party, and without any attribution in any manner. You also grant all other users who access and use your User Generated Content in the Game and XD Services the right to use, copy, modify, display, perform, create derivative works from, and disseminate and distribute your User Generated Content on or through the relevant XD Services without further notice, attribution, or compensation or reimbursement to you.
3.3 To the extent that any right or interest in User Generated Content (such as moral rights) may not be licensed or transferred under applicable law, you hereby expressly waive and agree not to assert any such rights, publicity, and/or seek any compensation or reimbursement from XD.
4. Code of Conduct
4.1 To use the XD Services, you shall comply with all terms of this Agreement and other rules or policies (including our Privacy Policy) published from time to time by XD on its official website, game platform or in the Game. You represent, warrant and agree that you will not use the XD Services in any illegal, threatening or harassing manner, or take any action that XD, in its sole discretion, deems offensive, defamatory, libelous, indecent, objectionable, immoral, or in violation of applicable laws and regulations in the country or region where you reside or work.
4.2 In addition to the foregoing, during your use of the XD Services, you agree not to:
Violate any laws, regulations, ordinances or local policies that apply to your use of the XD Services.
Upload files that contain viruses or corrupted data.
Interfere with or disrupt any XD Service or any server or network used to support or provide the XD Services, including hacking or cracking any XD Service
Use any robot, spider or other automatic device or program to access the XD Services for any purpose, such as scraping data or copying materials.
Use any software or program that damages, affects or interferes with the XD Service or another computer or property, such as denial of service attacks, spamming, hacking or uploading computer viruses, worms, Trojans, cancelbots, spyware, corrupted files and time bombs.
Delete information related to copyright ownership or other intellectual property rights from the Games and XD Services.
Use or distribute unauthorized software programs or tools (such as "automatic", "macro", hacking or plug-in software), or take advantage of loopholes or problems in the XD Services to gain unfair benefits.
Modify or forge instructions or data to change or modify the functions or operating effects of the Games or XD Services; or publicly distribute the aforementioned methods (whether or not for commercial purposes).
Access or use the Games and/or XD Services through any third-party software, plug-ins and/or systems not developed or authorized by XD; or publicly distribute the aforementioned software (whether or not for commercial purposes). Contribute user-generated content, organize or participate in any activities, teams or guilds that are inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, pornographic, defamatory, infringing on the rights of others, invading the privacy of others, or otherwise objectionable.
Publish, post, upload or disseminate UGC or content that is illegal or may infringe on any rights or privacy of any third party.
Use user information publicly available in any XD service (e.g., forums) for any improper purpose, including identifying such users in the real world.
Publish or disclose any personal information of any third party (unless expressly required by the game or XD service), including ID number, real name, address, etc.
Use XD services in countries/regions where applicable laws prohibit XD from providing such services.
Use XD services for any commercial purpose, including but not limited to use in Internet cafes, computer game halls or any other fixed locations. Impersonate someone else (including a celebrity), falsely claim to be an XD employee or representative of XD, or attempt to mislead users by indicating that you represent XD or any subsidiary or affiliate of XD.
Instigate, encourage or help others to participate in any of the above prohibited activities.
4.3 You acknowledge and agree that XD has the right to evaluate your behavior and determine whether you have violated the above rules based solely on the data collected by XD in the game and/or XD services.
5. Patches, Updates and Changes
We may (but are not obliged to) add patches, updates or modifications to the game over time (for example: add or remove features to solve software defects or balance the game). This will result in mandatory updates and/or automatic updates, and over time, older versions that are not updated may become unusable. We need these rights to make the game run efficiently, and we have the right to do so without further notice or liability to you.
6. Termination
6.1 This EULA will take effect on the date you purchase, download or use the game (whichever is earlier) until terminated in accordance with its terms. Once this Agreement is terminated, your right to use the Game shall cease immediately and you must immediately uninstall the Game and destroy all copies of the Game in your possession.
6.2 Your right to terminate. You may terminate this Agreement at any time by permanently deactivating the Game or X.D. Services. Termination will not affect any existing rights or obligations of us or you.
6.3 Our right to terminate. If you seriously breach this Agreement (including serious breach of contract and/or breach of contract that may cause actual harm to the Game, other end users, X.D. and its affiliates, licensors and partners), we may suspend or terminate your access to the Game and terminate this Agreement. Where reasonably possible, we will contact you to explain why we are doing so and what you can do (if anything). If we suspend or terminate your access to the Game and terminate this Agreement in accordance with this clause, we will have no obligation or liability to you at all.
6.4 Deactivation of the Game. If we have to permanently stop providing access to the Game or XD Services (in whole or in part, e.g. on a specific platform) for reasons other than your violation, we will notify you at least thirty (30) days (or longer period if required by applicable law) in advance by posting an announcement on our website. In this case, we will not have any future obligations or liabilities to you (but this will not affect pre-existing obligations or liabilities).
6.5 Notwithstanding the foregoing, obligations under this EULA, such as obligations regarding intellectual property rights, shall survive termination of this EULA. In addition, after termination of this EULA, both parties shall remain responsible for any consequences of the actions of one party prior to termination, that is, if a third party holds XD liable for liability arising from your actions prior to termination of this EULA, XD shall be entitled to recover all damages from you.
7. Disclaimer; No Warranty; Limitation of Liability
7.1 You acknowledge and expressly agree that XD makes no representations about the suitability, reliability, availability, timeliness, accuracy, suitability, performance or compatibility of the information, software, products, services and any content contained in the Game and XD Services for any purpose. Your use of the Games and XD Services is at your own risk. The Services are licensed and provided "as is" without warranty of any kind.
7.2 XD hereby disclaims all warranties and conditions with respect to the Games and XD Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the extent applicable law does not allow the exclusion and disclaimer of the warranties set forth above, some of the above exclusions may not apply to you, and all warranties shall be limited to the maximum extent permitted by applicable law. You acknowledge that the disclaimers and exclusions contained in this Agreement will survive any termination or expiration of your access to the Games or XD Services.
7.3 You expressly agree that in no event shall XD, our representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, advertisers or agents be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits or other damages arising out of the use of the XD Services, any interruption of the XD Services, delay in operation or transmission, computer viruses, loss of data, or the use, misuse, reliance, review, operation or other exploitation of the XD Services or data collected through the XD Services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental or other forms of damages, some or all of the above limitations may not apply to you.
7.4 The total aggregate liability of XD, our representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, advertisers or agents shall not exceed the amount of your direct damages (if any) and the total fees you paid to us for the Game.
8. Indemnification
You agree to defend and indemnify XD, our representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, advertisers or customers from any and all losses, costs, expenses (including reasonable attorneys' fees and expenses) claims, damages and liabilities arising from your use of XD Services and your alleged breach of this Agreement, and to ensure that the aforementioned persons do not suffer any damages. XD reserves the right to defend itself against any claim for which XD is entitled to indemnification under this section. In such event, you shall provide XD with the cooperation reasonably requested by XD.
9. Applicable Law and Dispute Resolution
9.1 This Agreement shall be governed by and interpreted in accordance with the laws of the People's Republic of China, without giving effect to any conflict of laws. You understand and agree that any dispute arising under this Agreement shall be resolved through friendly negotiation. If friendly negotiation fails, either party shall have the right to initiate litigation in a court of competent jurisdiction in China.
9.2 You acknowledge and agree that any dispute resolution or litigation proceedings at any location shall be conducted individually, except as otherwise provided by applicable law. Neither you nor XD shall resolve a dispute as a class action or join any other action in which either party serves or proposes to serve as a representative. No action shall be joined with any other action without the written consent of all parties.
9.3 You acknowledge that, to the extent permitted by the laws of your country, any dispute arising from your access to or use of XD services shall be filed within the earlier of the following time periods: (1) one [1] year from the date you became aware of the dispute, or (2) one [1] year from the date the claim or cause of action arose.
10. Others
10.1 Entire Agreement. This Agreement, the XD Privacy Policy, and other rules published from time to time on the XD official website or in the game constitute the entire agreement between you and XD, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and XD.
10.2 Severability. If any provision of this Agreement is deemed illegal or invalid, that provision shall be severed. The remaining provisions of this Agreement shall remain in full force and effect. The severed terms shall be replaced with the enforceable terms that most closely match the original terms.
10.3 Assignment. You may not assign this Agreement, in whole or in part, whether voluntarily, by operation of law, or otherwise, without XD's prior written consent. XD may assign, license, delegate or otherwise transfer its rights or obligations under this Agreement to any third party without restriction. Subject to the preceding sentence, the rights and obligations of the parties to this Agreement shall be binding upon and protect the benefits of the parties to this Agreement and their respective successors and permitted assigns. Any attempt to assign not in accordance with this clause shall be declared invalid.
10.4 No Waiver. XD's failure to exercise or delay in exercising any right under this Agreement shall not be deemed a waiver of the relevant rights, and any single or partial exercise of any right shall not prevent XD from further exercising such rights.
10.5 Notice. XD may send you notices through the XD Service, official website, email, or any other means you may notify us. Unless otherwise provided in this Agreement, all notices you send to XD shall be sent to the address specified in Article 11.
11. Contact Us.
You can also contact us in the following ways:
Contact: Chengyuelou Studio
Address: No. 9-207, Section 1, No. 69, Chuma Road, Wuhou District, Chengdu, Sichuan, China, Postal Code 620000
Email: chengyuelou@vip.qq.com