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[size=150][align=center]Game License and Service Agreement[/align][/size]
Author: Official Date: May 6, 2024, 21:38:00
Welcome to your use of the "NeverCOM" game and related services provided by DrawSword Studio (a subsidiary of Shenzhen Huajian Network Technology Co., Ltd.)!
This "Game License and Service Agreement" (hereinafter referred to as the "Agreement") is entered into by you and DrawSword Studio and has legal effect. To protect your legitimate rights and interests, please carefully read and fully understand the contents of each clause before agreeing to and accepting this Agreement, especially clauses exempting or limiting DrawSword Studio's liability, clauses restricting your rights, and clauses stipulating dispute resolution methods and jurisdiction. The aforementioned restrictive, exempting, dispute resolution, and jurisdictional clauses will be highlighted in bold or other reasonable ways to draw your attention.
If you do not agree to any terms of this Agreement, you may not use "NeverCOM" or the corresponding services provided by DrawSword Studio. Once you click "Accept" (or a word with the same meaning, such as "Agree," etc.), or start using and/or continue to use DrawSword Studio services, it will be deemed that you have read this Agreement in detail, accepted all its terms, and agreed to abide by the provisions of this Agreement. Thereafter, you may not use the defense that you have not read the content of this Agreement.
If you are under 18 years of age, please read this Agreement under the guidance of your statutory guardian and pay special attention to the clauses regarding minors' use.
DrawSword Studio reminds you: Resist harmful games, refuse pirated games; protect yourself, guard against fraud; moderate gaming benefits the brain, excessive gaming harms the body.
[size=150]1. Definitions[/size]
1.1 Agreement: Refers to the main text of this Agreement, the Game Rules, and their revised versions. Once officially released, the above content becomes an integral part of this Agreement. This Agreement also includes the "Standard Form Contract Essential Terms for Online Game Services" formulated by the Ministry of Culture in accordance with the "Interim Measures for the Administration of Online Games" (Ministry of Culture Order No. 49). If any clause of this Agreement conflicts with the "Standard Form Contract Essential Terms for Online Game Services," the conflicting content shall be governed by the provisions of the "Standard Form Contract Essential Terms for Online Game Services."
1.2 Game Rules: Refers to the user rules, player regulations, game announcements, notices, etc., regarding the "NeverCOM" game periodically issued and revised by DrawSword Studio.
1.3 "NeverCOM": Refers to the "NeverCOM" game developed and operated by DrawSword Studio, including the PC client version, mobile device version; including any existing and future versions or updates; including the game's client software, server software, source code, object code, resource files, etc.; and may include related network servers, websites (including but not limited to the game's official website or official forum), electronic media, printed materials, or electronic documents.
1.4 DrawSword Studio Services: Refers to the various services related to the "NeverCOM" game provided by DrawSword Studio to you, including but not limited to game materials, game official website, game forum, etc.
1.5 You: Also referred to as "Player" or "User," refers to the natural person authorized to use the "NeverCOM" game and its services.
1.6 Game Data: Refers to various data generated and recorded by the server during your use of "NeverCOM," including game saves, game logs, security logs, etc.
[size=150]2. Amendment and Effect of the Agreement[/size]
2.1 DrawSword Studio reserves the right to amend the terms of this Agreement when necessary and will notify you on relevant pages. You can view the latest version of the Agreement terms on the relevant pages of the "NeverCOM" game.
2.2 After the terms of this Agreement are amended, DrawSword Studio will notify you through prominent means such as pop-ups, system notifications, or emails before the amendments take effect. If you continue to use the "NeverCOM" game service, it will be deemed that you have accepted the amended Agreement. If you do not accept the amended Agreement, you should stop using the "NeverCOM" game service.
[size=150]3. Use by Minors[/size]
3.1 If you are under 18 years of age, to protect your legitimate rights and interests, DrawSword Studio has the right to take one or more of the following measures based on relevant national laws, regulations, policy provisions, other clauses of this Agreement, or reasonable requirements of your statutory guardian:
(1) Provide information related to your gaming (including but not limited to your game account login information, top-up records, etc.) to your statutory guardian, enabling them to keep track of your gaming situation promptly or in real-time;
(2) Limit the spending limit of your game account;
(3) Take technical measures to block certain games or game functions, or restrict your gaming time or duration;
(4) Deactivate or delete your game account, game data, and other related information;
(5) Other measures requested by your statutory guardian and deemed appropriate by DrawSword Studio.
[size=150]4. Game Account[/size]
4.1 After entering the game, you will autonomously create user information, or you may choose to link an existing account from other software (such as TapTap account, Apple ID, etc.) to form your user information. You can edit your game account nickname and avatar, but you must comply with the "Seven Bottom Lines" and relevant management regulations, and must not contain illegal or harmful information. You legally enjoy rights and bear responsibilities for actions taken under the account after login. The game account will be bound to the name and ID card information you provide during real-name verification.
4.2 To use "NeverCOM," you must complete the real-name verification process on the game's real-name verification page in accordance with the requirements of the "Interim Measures for the Administration of Online Games," the Ministry of Culture's "Standard Form Contract Essential Terms for Online Game Services," and other regulations, including but not limited to entering the correct user name and ID card number.
4.3 When undergoing real-name verification, you should provide your own true, legal, accurate, and valid identity information and other relevant information, and must not register using someone else's identity. Otherwise, DrawSword Studio has the right to terminate the provision of services to you and may take measures against your game account including but not limited to warnings, restriction or prohibition of all or part of the account functions, deletion of game account and game data, deletion of relevant information, banning the game account (hereinafter referred to as "ban"), or account deactivation (collectively referred to as "penalties" for convenience below). Any consequences arising therefrom shall be borne solely by you.
4.4 Ownership of the game account belongs to DrawSword Studio; the user only obtains the right to use the game account. Users may not gift, lend, rent, transfer, sell, or otherwise permit others to use their game account for commercial purposes including but not limited to live streaming, recording, account boosting, etc. Otherwise, any resulting legal consequences and liabilities shall be borne solely by you, and DrawSword Studio has the right to take measures against your account including but not limited to warnings, restriction or prohibition of all or part of the account functions, deletion of game account and game data and other related information, banning, or deactivation. Any consequences arising therefrom shall be borne solely by you.
4.5 You are responsible for the secure custody of your account information and password, and you bear legal responsibility for actions taken under your account and password. You agree not to disclose your account and password information to others under any circumstances. If you suspect someone else is using your account, you must immediately notify DrawSword Studio. When notifying DrawSword Studio, you must provide valid personal identity information consistent with your registration details. Upon receiving your valid request and verifying your identity, DrawSword Studio will take appropriate measures based on your request or the specific situation (including but not limited to suspending the login and use of the account). DrawSword Studio bears no responsibility for any loss incurred by you or other users due to measures taken based on your request. If you fail to provide valid identity information or the information provided does not match the registered information, DrawSword Studio has the right to refuse your request, and any resulting loss shall be borne solely by you.
4.6 If a user does not log into their game account for an extended period, DrawSword Studio reserves the right to reclaim the account to avoid resource wastage. Any resulting loss shall be borne solely by the user.
4.7 You fully understand and agree that if you use "NeverCOM" in guest mode or similar methods, once you uninstall and reinstall "NeverCOM", you will not be able to retrieve your original game account, and your original game data will be unrecoverable.
4.8 You fully understand and agree that DrawSword Studio will use your real-name registration information for the anti-addiction system as required by relevant national regulations. That is, DrawSword Studio will determine whether you are over 18 based on your real-name registration information, thereby deciding whether to impose anti-addiction restrictions on your game account.
4.9 You fully understand and agree that to improve the security level of DrawSword Studio services, DrawSword Studio has the right to apply relevant technologies or software to "NeverCOM," but DrawSword Studio does not guarantee that these security measures can completely eliminate the risk of your game account being stolen or lost.
4.10 You fully understand and agree that if DrawSword Studio restricts, freezes, or terminates the use of your account in accordance with relevant business rules, it may result in the deletion of game data and related information under your game account and the loss of related rights. Such loss shall be borne solely by you, and DrawSword Studio bears no responsibility for this.
[size=150]5. Collection, Use, and Protection of User Information[/size]
5.1 You agree and authorize DrawSword Studio to collect your user information for the purpose of fulfilling this Agreement. This information includes information registered in the real-name registration system, game data under your game account, and other information you provide to DrawSword Studio while using "NeverCOM" game services, or information DrawSword Studio needs to collect based on considerations such as security and user experience optimization. DrawSword Studio's collection of your user information will comply with relevant laws.
5.2 You fully understand and agree that DrawSword Studio or its cooperative third parties may, based on your user information, provide you with various information about the "NeverCOM" game, including activity information, promotional information, etc., through various means such as SMS, phone calls, and emails.
5.3 Protecting users' personal information is a fundamental principle of DrawSword Studio. DrawSword Studio will take reasonable measures to protect users' personal information. Except as otherwise stipulated in this Agreement, the collection, use, and protection of user information by DrawSword Studio services will follow the privacy policy published by DrawSword Studio.
[size=150]6. "NeverCOM" Game Services[/size]
6.1 Subject to your compliance with this Agreement and relevant laws and regulations, DrawSword Studio grants you a personal, non-transferable, and non-exclusive license to use the "NeverCOM" game services. You may use "NeverCOM" game services only for non-commercial purposes, including:
(1) Receiving, downloading, installing, launching, upgrading, logging in, displaying, running, and/or screenshotting "NeverCOM";
(2) Creating game characters, setting nicknames, consulting game rules, user profiles, match results, creating game rooms, setting game parameters, using game items in the game, etc.;
(3) Using one or several other functions supported and permitted by "NeverCOM".
6.2 Where "NeverCOM" is provided in software form, your use of "NeverCOM" and its services must also comply with the provisions of Clause 7 below regarding software licensing.
6.3 All other rights not expressly granted in this clause or other clauses of this Agreement remain reserved by DrawSword Studio. You must obtain written permission from DrawSword Studio separately to exercise these rights.
6.4 If DrawSword Studio discovers or receives reports or complaints that a user has violated the terms of this Agreement, DrawSword Studio has the right to delete relevant content at any time without notice. Depending on the severity of the behavior, DrawSword Studio may impose penalties on the violating game account, including but not limited to warnings, restriction or prohibition of all or part of the functions, account banning, or deactivation, and may announce the handling results.
6.5 You fully understand and agree that DrawSword Studio has the right to impose penalties on behaviors that violate relevant laws and regulations or the provisions of this Agreement based on reasonable judgment. DrawSword Studio may take appropriate legal action against any user violating laws and regulations, preserve relevant information in accordance with laws and regulations, report to relevant departments, etc. The user shall bear all legal liabilities arising therefrom solely.
6.6 You fully understand and agree that if you violate this Agreement or relevant service terms, causing or resulting in any claims, demands, or losses asserted by a third party, you shall bear responsibility independently. If DrawSword Studio suffers losses as a result, you shall compensate DrawSword Studio for all such losses.
6.7 You fully understand and agree: Game items and equipment are part of the "NeverCOM" game service; DrawSword Studio hereby licenses you to obtain the right to use them pursuant to this Agreement. Your use of game items and equipment must comply with the requirements of this Agreement and specific game rules. Additionally, game items and equipment may be subject to certain validity periods. If you do not use them within the specified validity period, except for force majeure or reasons attributable to DrawSword Studio, they will automatically expire upon expiry of the validity period. You fully understand and agree: To better provide users with "NeverCOM" game services, DrawSword Studio has the right to adjust, update, or optimize the performance and related numerical settings of game equipment and other game items you are using. If DrawSword Studio makes such adjustments, updates, or optimizations, you agree not to hold DrawSword Studio liable in any way.
6.8 You fully understand and agree: To create a fair and healthy gaming environment, during your use of "NeverCOM" game services, DrawSword Studio has the right to use technical means to understand the random access memory (RAM) of your terminal device and related programs running concurrently with "NeverCOM." Upon discovering any unauthorized programs endangering the normal operation of "NeverCOM" game services, DrawSword Studio will collect all related information and take reasonable measures to combat them.
6.9 You fully understand and agree: To ensure game speed for you and other users, DrawSword Studio has the right to periodically transfer or clear certain past game data stored on the "NeverCOM" game servers.
6.10 You agree to receive commercial information sent by DrawSword Studio via pop-ups, videos, interstitial ads, system notifications, private messages, or other means.
6.11 DrawSword Studio will take effective measures to protect the legitimate rights and interests of minors in the process of using the "NeverCOM" game service in accordance with relevant laws and regulations and the provisions of this Agreement, including possible technical measures, prohibiting minors from accessing inappropriate games or game functions, limiting minors' gaming time, and preventing minors from becoming addicted to the Internet. As part of the game rules, DrawSword Studio will also publish "NeverCOM" game user guidelines and warning instructions in appropriate locations, including game content introductions, methods for correct game use, and methods for preventing harm from occurring. All minor users should carefully read and follow these guidelines and instructions under the guidance of their legal guardians; other players should avoid publishing or producing any content that is detrimental to the physical and mental health of minors when using the "NeverCOM" game service, and jointly create a healthy gaming environment.
[size=150]7. Software License[/size]
7.1 To use NeverCOM game services, you may need to download and install related software. You can obtain the software directly from DrawSword Studio’s official website or authorized third parties. If you acquire NeverCOM or a game under the same name from unauthorized third parties, it will be deemed that you lack official authorization; DrawSword Studio cannot guarantee normal functionality and shall not be liable for any resulting losses.
7.2 DrawSword Studio may develop distinct software versions for different devices or operating systems, including but not limited to Windows, iOS, Android, Windows Phone, Symbian, and BlackBerry. You should select and download the appropriate version for installation, following the prompts provided by the installer.
7.3 To enhance service quality and security, DrawSword Studio may recommend additional software during installation. You may choose whether to install such software.
7.4 If you no longer require the software or need to install a new version, you may uninstall it independently. If you wish to assist DrawSword Studio in improving its services, please provide feedback regarding the reason for uninstallation.
7.5 To ensure service security and functional consistency, DrawSword Studio reserves the right to update the software or modify/restrict specific features without prior notice.
7.6 To optimize user experience and service content, DrawSword Studio will continually develop new services and provide periodic software updates (which may include replacements, modifications, functional enhancements, or version upgrades).
7.7 After a new software version is released, older versions may become unusable. DrawSword Studio does not guarantee continued usability or customer support for outdated versions. Please regularly verify and download the latest version.
[size=150]8. User Conduct Standards[/size]
8.1 You fully understand and agree that you are solely responsible for all actions under your game account, including any content you publish and consequences arising therefrom. Should your breach of this clause cause losses to DrawSword Studio, you shall indemnify such losses in full. You must independently evaluate content in NeverCOM and assume all risks associated with using the game services, including risks stemming from reliance on the accuracy, completeness, or utility of game content. DrawSword Studio cannot and will not be liable for any loss or damage caused by such risks.
8.2 Except as expressly permitted under this Agreement, you shall not engage in any acts that infringe upon the intellectual property rights of NeverCOM or harm the legitimate rights and interests of DrawSword Studio or any third party.
8.3 You acknowledge that NeverCOM strives to provide a civilized, healthy, and orderly online environment. You shall not exploit NeverCOM or DrawSword Studio services to produce, reproduce, publish, or disseminate content that disrupts normal operations or infringes upon legitimate rights of other users/third parties, including but not limited to:
8.3.1 Publishing, transmitting, disseminating, or storing content prohibited by national laws/regulations:
(1) Violating fundamental constitutional principles;
(2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
(3) Harming national honor or interests;
(4) Inciting ethnic hatred/discrimination or undermining ethnic unity;
(5) Violating state religious policies or promoting cults/feudal superstitions;
(6) Spreading rumors to disrupt social order or stability;
(7) Distributing obscenity, pornography, gambling, violence, terrorism, or criminal solicitation;
(8) Defaming others or infringing upon others’ lawful rights;
(9) Inciting illegal assemblies, associations, protests, demonstrations, or gatherings disrupting social order;
(10) Operating under the name of illegal non-governmental organizations;
(11) Violating the "Seven Bottom Lines" (Interim Provisions on the Administration of Public Information Services via Instant Messaging Tools)—compliance with laws, socialist system, national interests, citizens’ lawful rights, public order, social morality, and information authenticity;
(12) Other content prohibited by laws or administrative regulations.
8.3.2 Content infringing others’ reputation, portrait rights, intellectual property, trade secrets, etc.;
8.3.3 Content involving others’ privacy or personal information/data;
8.3.4 Harassment, advertising, spam, or sexually explicit/suggestive content;
8.3.5 Other information violating laws, policies, public order, social morality, disrupting NeverCOM’s normal operations, or infringing others’ rights.
8.4 Unless permitted by law or expressly authorized in writing by DrawSword Studio, you shall not:
(1) Remove copyright information from the software or its copies;
(2) Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code;
(3) Scan, probe, or test the software to detect bugs or vulnerabilities;
(4) Copy, modify, augment, delete, hook, or create derivative works from software data, client-server interaction data, or system data during operation, including via plug-ins, unauthorized third-party tools/services;
(5) Modify/falsify software instructions/data, alter functionality/effects, or distribute tools/methods for such purposes (commercial or otherwise);
(6) Use non-DrawSword Studio-authorized third-party software/plug-ins/systems to access NeverCOM services, or produce/distribute such tools;
(7) Use, rent, lend, copy, modify, link, republish, mirror, or otherwise exploit DrawSword Studio’s intellectual property;
(8) Create mirror sites, take web snapshots, or set up servers to provide identical/similar services to NeverCOM;
(9) Separate any part of NeverCOM for standalone use or other non-compliant purposes;
(10) Use, modify, or obscure NeverCOM’s name, trademarks, or intellectual property;
(11) Other acts without DrawSword Studio’s explicit authorization.
8.5 For the following acts during use of NeverCOM services, DrawSword Studio may impose penalties per violation severity (e.g., temporary/permanent login ban, account/data deletion). Serious cases may be reported to authorities:
(1) Impersonating DrawSword Studio staff/special identities for undue benefits;
(2) Using illegal/improper terms/characters (e.g., in character names);
(3) Disrupting game/services;
(4) Unauthorized plug-ins;
(5) Spreading illegal/inappropriate information;
(6) Stealing others’ accounts/items;
(7) Unauthorized account trading;
(8) Exploiting bugs to manipulate character data/rankings;
(9) Trading virtual currency/equipment without authorization;
(10) Breaching this Agreement;
(11) Other acts widely recognized as improper in the industry.
8.6 You acknowledge and agree that if DrawSword Studio takes measures to block your game account in accordance with this Agreement, the specific blocking period will be determined by DrawSword Studio based on the circumstances of your violation.
You acknowledge and agree that: (1) During the blocking period, the game characters, game equipment and other game props in your game account may not be available; (2) If the aforementioned game equipment and other game props have a certain validity period, the validity period may expire during the blocking period. After your game account is unblocked, you will not be able to use such expired game equipment and other game props. Accordingly, you also agree that you will not pursue any legal liability against DrawSword Studio for the occurrence of the circumstances specified in the aforementioned points (1) and (or) (2).
8.7 You fully understand and agree that, in order to efficiently utilize server resources, if you have not used your game account to log into the NeverCOM game for a long time, DrawSword Studio has the right to delete the account and the game data and related information under the account as needed, with prior notice. The above-mentioned disposal may result in the loss of your relevant rights and interests under the game account, and DrawSword Studio does not bear any responsibility for this.
[size=150]9. Disclaimer[/size]
9.1 The NeverCOM game service is provided to you "as is". DrawSword Studio does not guarantee that the NeverCOM game service is error-free and uninterrupted, that all defects have been corrected, or that the NeverCOM game service will not be damaged by viruses or any other factors. Unless otherwise expressly provided by law, DrawSword Studio hereby expressly disclaims any express or implied warranty, including but not limited to the performance, applicability or non-infringement of the NeverCOM game service.
9.2 In any case, DrawSword Studio shall not be liable for the losses you suffer during the use of the NeverCOM game service due to force majeure. Such force majeure events include but are not limited to national laws, regulations, policies, orders of national agencies and other government actions or other unpredictable, inevitable and insurmountable events such as earthquakes, floods, snowstorms, fires, tsunamis, typhoons, strikes, wars, etc.
9.3 DrawSword Studio may independently decide to change, terminate, or suspend your use of any NeverCOM game service at any time without giving you any prior notice, except where prior notice is required in accordance with laws and regulations or the agreement between you and DrawSword Studio. If DrawSword Studio terminates or suspends your use of any NeverCOM game service in accordance with relevant regulations due to your behavior violating the provisions of laws and regulations or the provisions of this Agreement, DrawSword Studio shall not be liable to you and shall have the right to require you to bear the corresponding responsibility.
9.4 The NeverCOM game may cause abnormalities in your game character, game props, game equipment and other account data due to game software bugs, version update defects, third-party virus attacks or any other factors. Before the cause of the data abnormality is found, DrawSword Studio has the right to temporarily freeze the game account; if it is found that the data abnormality is an abnormal game behavior, DrawSword Studio has the right to restore the game account data to its original state before the abnormality occurred (including recovering the transferred data from a third party), and DrawSword Studio does not have to bear any responsibility to you.
9.5 DrawSword Studio does not authorize you to obtain game accounts, game props, game equipment, etc. from any third party through purchase, acceptance of gifts or other means. DrawSword Studio is not responsible for third-party transactions and does not accept complaints arising from disputes caused by any third-party transactions.
9.6 You fully understand that there is an objective situation of incompatibility between different operating systems, which is not caused by DrawSword Studio, which may result in your game data in one operating system not being smoothly transferred to another operating system. The risk of game data loss caused by your switching between different systems shall be borne by you, and DrawSword Studio shall not be required to bear any responsibility.
9.7 You fully understand that there may be a forced battle area or gameplay in the "NeverCOM" game. If you do not agree to the forced battle, please do not enter the game or game area; your entry will be deemed to agree to the gameplay and accept the corresponding consequences.
[size=150]10. Intellectual Property[/size]
10.1 DrawSword Studio enjoys all legal rights and interests of the "NeverCOM" game in accordance with the law (including but not limited to computer software copyright, artwork copyright, trademark right, patent right and other intellectual property rights); all content related to the "NeverCOM" game (including program code, text, pictures, audio, video, graphics, interface design, layout framework, relevant data, map archives or electronic documents, etc.) and trade secrets belong to DrawSword Studio and are protected by the laws and regulations of the People's Republic of China and relevant international treaties. Without the consent of DrawSword Studio, no one may implement, use or transfer the above intellectual property rights for any commercial or non-commercial purpose by themselves or by any third party.
10.2 The user confirms and agrees that the ownership and intellectual property rights of maps, building models, music, character images and other content (including text, pictures, audio, video, charts, interface design, layout framework, etc.) (collectively referred to as "Content") produced or provided by the user in the process of using NeverCOM and the services provided by DrawSword Studio belong to DrawSword Studio, which will register copyrights, trademarks and apply for related intellectual property rights. Without the written consent of DrawSword Studio, the user shall not apply for any intellectual property rights for the content produced or provided by the user in the process of using NeverCOM and the services provided by DrawSword Studio. DrawSword Studio has the right to copy, distribute, issue, rent, exhibit, perform, broadcast, modify, adapt, sublicense, disseminate through information networks, and use the content to create or adapt other works worldwide and completely free of charge, or authorize its affiliates or third parties to do so, without further notifying the user. Without the written permission of DrawSword Studio, no third party may implement, use or transfer the above intellectual property rights for any commercial or non-commercial purpose by itself or by authorizing others to do so. DrawSword Studio hereby authorizes users to only copy, distribute, exhibit, perform, broadcast, adapt, and disseminate information on the Internet the content produced and provided by DrawSword Studio. Without DrawSword Studio's consent, users may not use the content produced or provided by DrawSword Studio in NeverCOM beyond the scope of DrawSword Studio's authorization.
10.3 The content produced or provided by users in NeverCOM must comply with the terms of this Agreement, including but not limited to the provisions of Article 8 "User Code of Conduct", and must not infringe on the intellectual property rights or other legal rights of others. Otherwise, any claims and lawsuits made by third parties shall be handled by the user and all legal responsibilities shall be borne by the user. If DrawSword Studio suffers losses as a result, the user shall be responsible for compensation; in addition, DrawSword Studio has the right to take one or more of the following measures:
(1) Change, delete or block relevant content;
(2) Warn the offending account, ban the account;
(3) Change, restrict or prohibit part or all functions of the offending account;
(4) Suspend, restrict or terminate the user's use of NeverCOM, cancel the user's account, etc.;
(5) Report to the relevant regulatory authorities or state agencies;
(6) Other measures that DrawSword Studio considers reasonable.
10.4 The NeverCOM game may involve third-party intellectual property rights. If such third party has any requirements for you to use such intellectual property rights in the NeverCOM game based on this Agreement, DrawSword Studio will inform you of such requirements in an appropriate manner, and you shall comply with them.
[size=150]11. Comply with local laws and regulations[/size]
11.1 You should comply with local laws and regulations and respect local morals and customs when using DrawSword Studio services. If your behavior violates local laws and regulations or morals, you shall bear independent responsibility for it.
11.2 You should avoid involving DrawSword Studio in political and public events due to the use of DrawSword Studio services, otherwise DrawSword Studio has the right to suspend or terminate your services.
[size=150]12. Jurisdiction and applicable law[/size]
12.1 This Agreement is signed in Nanshan District, Shenzhen City, Guangdong Province, People's Republic of China.
12.2 The establishment, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be subject to the laws of mainland China (excluding conflict of laws).
12.3 If any dispute or controversy arises between you and DrawSword Studio due to this Agreement, it shall first be resolved through friendly negotiation; if the negotiation fails, you agree to submit the dispute or controversy to the People's Court with jurisdiction over the place where this Agreement is signed.
12.4 The titles of all clauses of this Agreement are for reading convenience only and have no actual meaning in themselves, and cannot be used as the basis for interpreting the meaning of this Agreement.
12.5 If any part of the terms of this Agreement is invalid for any reason, the remaining terms shall remain valid and binding on all parties.
[size=150]13. Others[/size]
13.1 If you have any comments or suggestions on this Agreement or the services of DrawSword Studio, please contact the customer service department of DrawSword Studio and we will provide you with necessary assistance.
Author: Official Date: May 6, 2024, 21:38:00
Welcome to your use of the "NeverCOM" game and related services provided by DrawSword Studio (a subsidiary of Shenzhen Huajian Network Technology Co., Ltd.)!
This "Game License and Service Agreement" (hereinafter referred to as the "Agreement") is entered into by you and DrawSword Studio and has legal effect. To protect your legitimate rights and interests, please carefully read and fully understand the contents of each clause before agreeing to and accepting this Agreement, especially clauses exempting or limiting DrawSword Studio's liability, clauses restricting your rights, and clauses stipulating dispute resolution methods and jurisdiction. The aforementioned restrictive, exempting, dispute resolution, and jurisdictional clauses will be highlighted in bold or other reasonable ways to draw your attention.
If you do not agree to any terms of this Agreement, you may not use "NeverCOM" or the corresponding services provided by DrawSword Studio. Once you click "Accept" (or a word with the same meaning, such as "Agree," etc.), or start using and/or continue to use DrawSword Studio services, it will be deemed that you have read this Agreement in detail, accepted all its terms, and agreed to abide by the provisions of this Agreement. Thereafter, you may not use the defense that you have not read the content of this Agreement.
If you are under 18 years of age, please read this Agreement under the guidance of your statutory guardian and pay special attention to the clauses regarding minors' use.
DrawSword Studio reminds you: Resist harmful games, refuse pirated games; protect yourself, guard against fraud; moderate gaming benefits the brain, excessive gaming harms the body.
[size=150]1. Definitions[/size]
1.1 Agreement: Refers to the main text of this Agreement, the Game Rules, and their revised versions. Once officially released, the above content becomes an integral part of this Agreement. This Agreement also includes the "Standard Form Contract Essential Terms for Online Game Services" formulated by the Ministry of Culture in accordance with the "Interim Measures for the Administration of Online Games" (Ministry of Culture Order No. 49). If any clause of this Agreement conflicts with the "Standard Form Contract Essential Terms for Online Game Services," the conflicting content shall be governed by the provisions of the "Standard Form Contract Essential Terms for Online Game Services."
1.2 Game Rules: Refers to the user rules, player regulations, game announcements, notices, etc., regarding the "NeverCOM" game periodically issued and revised by DrawSword Studio.
1.3 "NeverCOM": Refers to the "NeverCOM" game developed and operated by DrawSword Studio, including the PC client version, mobile device version; including any existing and future versions or updates; including the game's client software, server software, source code, object code, resource files, etc.; and may include related network servers, websites (including but not limited to the game's official website or official forum), electronic media, printed materials, or electronic documents.
1.4 DrawSword Studio Services: Refers to the various services related to the "NeverCOM" game provided by DrawSword Studio to you, including but not limited to game materials, game official website, game forum, etc.
1.5 You: Also referred to as "Player" or "User," refers to the natural person authorized to use the "NeverCOM" game and its services.
1.6 Game Data: Refers to various data generated and recorded by the server during your use of "NeverCOM," including game saves, game logs, security logs, etc.
[size=150]2. Amendment and Effect of the Agreement[/size]
2.1 DrawSword Studio reserves the right to amend the terms of this Agreement when necessary and will notify you on relevant pages. You can view the latest version of the Agreement terms on the relevant pages of the "NeverCOM" game.
2.2 After the terms of this Agreement are amended, DrawSword Studio will notify you through prominent means such as pop-ups, system notifications, or emails before the amendments take effect. If you continue to use the "NeverCOM" game service, it will be deemed that you have accepted the amended Agreement. If you do not accept the amended Agreement, you should stop using the "NeverCOM" game service.
[size=150]3. Use by Minors[/size]
3.1 If you are under 18 years of age, to protect your legitimate rights and interests, DrawSword Studio has the right to take one or more of the following measures based on relevant national laws, regulations, policy provisions, other clauses of this Agreement, or reasonable requirements of your statutory guardian:
(1) Provide information related to your gaming (including but not limited to your game account login information, top-up records, etc.) to your statutory guardian, enabling them to keep track of your gaming situation promptly or in real-time;
(2) Limit the spending limit of your game account;
(3) Take technical measures to block certain games or game functions, or restrict your gaming time or duration;
(4) Deactivate or delete your game account, game data, and other related information;
(5) Other measures requested by your statutory guardian and deemed appropriate by DrawSword Studio.
[size=150]4. Game Account[/size]
4.1 After entering the game, you will autonomously create user information, or you may choose to link an existing account from other software (such as TapTap account, Apple ID, etc.) to form your user information. You can edit your game account nickname and avatar, but you must comply with the "Seven Bottom Lines" and relevant management regulations, and must not contain illegal or harmful information. You legally enjoy rights and bear responsibilities for actions taken under the account after login. The game account will be bound to the name and ID card information you provide during real-name verification.
4.2 To use "NeverCOM," you must complete the real-name verification process on the game's real-name verification page in accordance with the requirements of the "Interim Measures for the Administration of Online Games," the Ministry of Culture's "Standard Form Contract Essential Terms for Online Game Services," and other regulations, including but not limited to entering the correct user name and ID card number.
4.3 When undergoing real-name verification, you should provide your own true, legal, accurate, and valid identity information and other relevant information, and must not register using someone else's identity. Otherwise, DrawSword Studio has the right to terminate the provision of services to you and may take measures against your game account including but not limited to warnings, restriction or prohibition of all or part of the account functions, deletion of game account and game data, deletion of relevant information, banning the game account (hereinafter referred to as "ban"), or account deactivation (collectively referred to as "penalties" for convenience below). Any consequences arising therefrom shall be borne solely by you.
4.4 Ownership of the game account belongs to DrawSword Studio; the user only obtains the right to use the game account. Users may not gift, lend, rent, transfer, sell, or otherwise permit others to use their game account for commercial purposes including but not limited to live streaming, recording, account boosting, etc. Otherwise, any resulting legal consequences and liabilities shall be borne solely by you, and DrawSword Studio has the right to take measures against your account including but not limited to warnings, restriction or prohibition of all or part of the account functions, deletion of game account and game data and other related information, banning, or deactivation. Any consequences arising therefrom shall be borne solely by you.
4.5 You are responsible for the secure custody of your account information and password, and you bear legal responsibility for actions taken under your account and password. You agree not to disclose your account and password information to others under any circumstances. If you suspect someone else is using your account, you must immediately notify DrawSword Studio. When notifying DrawSword Studio, you must provide valid personal identity information consistent with your registration details. Upon receiving your valid request and verifying your identity, DrawSword Studio will take appropriate measures based on your request or the specific situation (including but not limited to suspending the login and use of the account). DrawSword Studio bears no responsibility for any loss incurred by you or other users due to measures taken based on your request. If you fail to provide valid identity information or the information provided does not match the registered information, DrawSword Studio has the right to refuse your request, and any resulting loss shall be borne solely by you.
4.6 If a user does not log into their game account for an extended period, DrawSword Studio reserves the right to reclaim the account to avoid resource wastage. Any resulting loss shall be borne solely by the user.
4.7 You fully understand and agree that if you use "NeverCOM" in guest mode or similar methods, once you uninstall and reinstall "NeverCOM", you will not be able to retrieve your original game account, and your original game data will be unrecoverable.
4.8 You fully understand and agree that DrawSword Studio will use your real-name registration information for the anti-addiction system as required by relevant national regulations. That is, DrawSword Studio will determine whether you are over 18 based on your real-name registration information, thereby deciding whether to impose anti-addiction restrictions on your game account.
4.9 You fully understand and agree that to improve the security level of DrawSword Studio services, DrawSword Studio has the right to apply relevant technologies or software to "NeverCOM," but DrawSword Studio does not guarantee that these security measures can completely eliminate the risk of your game account being stolen or lost.
4.10 You fully understand and agree that if DrawSword Studio restricts, freezes, or terminates the use of your account in accordance with relevant business rules, it may result in the deletion of game data and related information under your game account and the loss of related rights. Such loss shall be borne solely by you, and DrawSword Studio bears no responsibility for this.
[size=150]5. Collection, Use, and Protection of User Information[/size]
5.1 You agree and authorize DrawSword Studio to collect your user information for the purpose of fulfilling this Agreement. This information includes information registered in the real-name registration system, game data under your game account, and other information you provide to DrawSword Studio while using "NeverCOM" game services, or information DrawSword Studio needs to collect based on considerations such as security and user experience optimization. DrawSword Studio's collection of your user information will comply with relevant laws.
5.2 You fully understand and agree that DrawSword Studio or its cooperative third parties may, based on your user information, provide you with various information about the "NeverCOM" game, including activity information, promotional information, etc., through various means such as SMS, phone calls, and emails.
5.3 Protecting users' personal information is a fundamental principle of DrawSword Studio. DrawSword Studio will take reasonable measures to protect users' personal information. Except as otherwise stipulated in this Agreement, the collection, use, and protection of user information by DrawSword Studio services will follow the privacy policy published by DrawSword Studio.
[size=150]6. "NeverCOM" Game Services[/size]
6.1 Subject to your compliance with this Agreement and relevant laws and regulations, DrawSword Studio grants you a personal, non-transferable, and non-exclusive license to use the "NeverCOM" game services. You may use "NeverCOM" game services only for non-commercial purposes, including:
(1) Receiving, downloading, installing, launching, upgrading, logging in, displaying, running, and/or screenshotting "NeverCOM";
(2) Creating game characters, setting nicknames, consulting game rules, user profiles, match results, creating game rooms, setting game parameters, using game items in the game, etc.;
(3) Using one or several other functions supported and permitted by "NeverCOM".
6.2 Where "NeverCOM" is provided in software form, your use of "NeverCOM" and its services must also comply with the provisions of Clause 7 below regarding software licensing.
6.3 All other rights not expressly granted in this clause or other clauses of this Agreement remain reserved by DrawSword Studio. You must obtain written permission from DrawSword Studio separately to exercise these rights.
6.4 If DrawSword Studio discovers or receives reports or complaints that a user has violated the terms of this Agreement, DrawSword Studio has the right to delete relevant content at any time without notice. Depending on the severity of the behavior, DrawSword Studio may impose penalties on the violating game account, including but not limited to warnings, restriction or prohibition of all or part of the functions, account banning, or deactivation, and may announce the handling results.
6.5 You fully understand and agree that DrawSword Studio has the right to impose penalties on behaviors that violate relevant laws and regulations or the provisions of this Agreement based on reasonable judgment. DrawSword Studio may take appropriate legal action against any user violating laws and regulations, preserve relevant information in accordance with laws and regulations, report to relevant departments, etc. The user shall bear all legal liabilities arising therefrom solely.
6.6 You fully understand and agree that if you violate this Agreement or relevant service terms, causing or resulting in any claims, demands, or losses asserted by a third party, you shall bear responsibility independently. If DrawSword Studio suffers losses as a result, you shall compensate DrawSword Studio for all such losses.
6.7 You fully understand and agree: Game items and equipment are part of the "NeverCOM" game service; DrawSword Studio hereby licenses you to obtain the right to use them pursuant to this Agreement. Your use of game items and equipment must comply with the requirements of this Agreement and specific game rules. Additionally, game items and equipment may be subject to certain validity periods. If you do not use them within the specified validity period, except for force majeure or reasons attributable to DrawSword Studio, they will automatically expire upon expiry of the validity period. You fully understand and agree: To better provide users with "NeverCOM" game services, DrawSword Studio has the right to adjust, update, or optimize the performance and related numerical settings of game equipment and other game items you are using. If DrawSword Studio makes such adjustments, updates, or optimizations, you agree not to hold DrawSword Studio liable in any way.
6.8 You fully understand and agree: To create a fair and healthy gaming environment, during your use of "NeverCOM" game services, DrawSword Studio has the right to use technical means to understand the random access memory (RAM) of your terminal device and related programs running concurrently with "NeverCOM." Upon discovering any unauthorized programs endangering the normal operation of "NeverCOM" game services, DrawSword Studio will collect all related information and take reasonable measures to combat them.
6.9 You fully understand and agree: To ensure game speed for you and other users, DrawSword Studio has the right to periodically transfer or clear certain past game data stored on the "NeverCOM" game servers.
6.10 You agree to receive commercial information sent by DrawSword Studio via pop-ups, videos, interstitial ads, system notifications, private messages, or other means.
6.11 DrawSword Studio will take effective measures to protect the legitimate rights and interests of minors in the process of using the "NeverCOM" game service in accordance with relevant laws and regulations and the provisions of this Agreement, including possible technical measures, prohibiting minors from accessing inappropriate games or game functions, limiting minors' gaming time, and preventing minors from becoming addicted to the Internet. As part of the game rules, DrawSword Studio will also publish "NeverCOM" game user guidelines and warning instructions in appropriate locations, including game content introductions, methods for correct game use, and methods for preventing harm from occurring. All minor users should carefully read and follow these guidelines and instructions under the guidance of their legal guardians; other players should avoid publishing or producing any content that is detrimental to the physical and mental health of minors when using the "NeverCOM" game service, and jointly create a healthy gaming environment.
[size=150]7. Software License[/size]
7.1 To use NeverCOM game services, you may need to download and install related software. You can obtain the software directly from DrawSword Studio’s official website or authorized third parties. If you acquire NeverCOM or a game under the same name from unauthorized third parties, it will be deemed that you lack official authorization; DrawSword Studio cannot guarantee normal functionality and shall not be liable for any resulting losses.
7.2 DrawSword Studio may develop distinct software versions for different devices or operating systems, including but not limited to Windows, iOS, Android, Windows Phone, Symbian, and BlackBerry. You should select and download the appropriate version for installation, following the prompts provided by the installer.
7.3 To enhance service quality and security, DrawSword Studio may recommend additional software during installation. You may choose whether to install such software.
7.4 If you no longer require the software or need to install a new version, you may uninstall it independently. If you wish to assist DrawSword Studio in improving its services, please provide feedback regarding the reason for uninstallation.
7.5 To ensure service security and functional consistency, DrawSword Studio reserves the right to update the software or modify/restrict specific features without prior notice.
7.6 To optimize user experience and service content, DrawSword Studio will continually develop new services and provide periodic software updates (which may include replacements, modifications, functional enhancements, or version upgrades).
7.7 After a new software version is released, older versions may become unusable. DrawSword Studio does not guarantee continued usability or customer support for outdated versions. Please regularly verify and download the latest version.
[size=150]8. User Conduct Standards[/size]
8.1 You fully understand and agree that you are solely responsible for all actions under your game account, including any content you publish and consequences arising therefrom. Should your breach of this clause cause losses to DrawSword Studio, you shall indemnify such losses in full. You must independently evaluate content in NeverCOM and assume all risks associated with using the game services, including risks stemming from reliance on the accuracy, completeness, or utility of game content. DrawSword Studio cannot and will not be liable for any loss or damage caused by such risks.
8.2 Except as expressly permitted under this Agreement, you shall not engage in any acts that infringe upon the intellectual property rights of NeverCOM or harm the legitimate rights and interests of DrawSword Studio or any third party.
8.3 You acknowledge that NeverCOM strives to provide a civilized, healthy, and orderly online environment. You shall not exploit NeverCOM or DrawSword Studio services to produce, reproduce, publish, or disseminate content that disrupts normal operations or infringes upon legitimate rights of other users/third parties, including but not limited to:
8.3.1 Publishing, transmitting, disseminating, or storing content prohibited by national laws/regulations:
(1) Violating fundamental constitutional principles;
(2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
(3) Harming national honor or interests;
(4) Inciting ethnic hatred/discrimination or undermining ethnic unity;
(5) Violating state religious policies or promoting cults/feudal superstitions;
(6) Spreading rumors to disrupt social order or stability;
(7) Distributing obscenity, pornography, gambling, violence, terrorism, or criminal solicitation;
(8) Defaming others or infringing upon others’ lawful rights;
(9) Inciting illegal assemblies, associations, protests, demonstrations, or gatherings disrupting social order;
(10) Operating under the name of illegal non-governmental organizations;
(11) Violating the "Seven Bottom Lines" (Interim Provisions on the Administration of Public Information Services via Instant Messaging Tools)—compliance with laws, socialist system, national interests, citizens’ lawful rights, public order, social morality, and information authenticity;
(12) Other content prohibited by laws or administrative regulations.
8.3.2 Content infringing others’ reputation, portrait rights, intellectual property, trade secrets, etc.;
8.3.3 Content involving others’ privacy or personal information/data;
8.3.4 Harassment, advertising, spam, or sexually explicit/suggestive content;
8.3.5 Other information violating laws, policies, public order, social morality, disrupting NeverCOM’s normal operations, or infringing others’ rights.
8.4 Unless permitted by law or expressly authorized in writing by DrawSword Studio, you shall not:
(1) Remove copyright information from the software or its copies;
(2) Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code;
(3) Scan, probe, or test the software to detect bugs or vulnerabilities;
(4) Copy, modify, augment, delete, hook, or create derivative works from software data, client-server interaction data, or system data during operation, including via plug-ins, unauthorized third-party tools/services;
(5) Modify/falsify software instructions/data, alter functionality/effects, or distribute tools/methods for such purposes (commercial or otherwise);
(6) Use non-DrawSword Studio-authorized third-party software/plug-ins/systems to access NeverCOM services, or produce/distribute such tools;
(7) Use, rent, lend, copy, modify, link, republish, mirror, or otherwise exploit DrawSword Studio’s intellectual property;
(8) Create mirror sites, take web snapshots, or set up servers to provide identical/similar services to NeverCOM;
(9) Separate any part of NeverCOM for standalone use or other non-compliant purposes;
(10) Use, modify, or obscure NeverCOM’s name, trademarks, or intellectual property;
(11) Other acts without DrawSword Studio’s explicit authorization.
8.5 For the following acts during use of NeverCOM services, DrawSword Studio may impose penalties per violation severity (e.g., temporary/permanent login ban, account/data deletion). Serious cases may be reported to authorities:
(1) Impersonating DrawSword Studio staff/special identities for undue benefits;
(2) Using illegal/improper terms/characters (e.g., in character names);
(3) Disrupting game/services;
(4) Unauthorized plug-ins;
(5) Spreading illegal/inappropriate information;
(6) Stealing others’ accounts/items;
(7) Unauthorized account trading;
(8) Exploiting bugs to manipulate character data/rankings;
(9) Trading virtual currency/equipment without authorization;
(10) Breaching this Agreement;
(11) Other acts widely recognized as improper in the industry.
8.6 You acknowledge and agree that if DrawSword Studio takes measures to block your game account in accordance with this Agreement, the specific blocking period will be determined by DrawSword Studio based on the circumstances of your violation.
You acknowledge and agree that: (1) During the blocking period, the game characters, game equipment and other game props in your game account may not be available; (2) If the aforementioned game equipment and other game props have a certain validity period, the validity period may expire during the blocking period. After your game account is unblocked, you will not be able to use such expired game equipment and other game props. Accordingly, you also agree that you will not pursue any legal liability against DrawSword Studio for the occurrence of the circumstances specified in the aforementioned points (1) and (or) (2).
8.7 You fully understand and agree that, in order to efficiently utilize server resources, if you have not used your game account to log into the NeverCOM game for a long time, DrawSword Studio has the right to delete the account and the game data and related information under the account as needed, with prior notice. The above-mentioned disposal may result in the loss of your relevant rights and interests under the game account, and DrawSword Studio does not bear any responsibility for this.
[size=150]9. Disclaimer[/size]
9.1 The NeverCOM game service is provided to you "as is". DrawSword Studio does not guarantee that the NeverCOM game service is error-free and uninterrupted, that all defects have been corrected, or that the NeverCOM game service will not be damaged by viruses or any other factors. Unless otherwise expressly provided by law, DrawSword Studio hereby expressly disclaims any express or implied warranty, including but not limited to the performance, applicability or non-infringement of the NeverCOM game service.
9.2 In any case, DrawSword Studio shall not be liable for the losses you suffer during the use of the NeverCOM game service due to force majeure. Such force majeure events include but are not limited to national laws, regulations, policies, orders of national agencies and other government actions or other unpredictable, inevitable and insurmountable events such as earthquakes, floods, snowstorms, fires, tsunamis, typhoons, strikes, wars, etc.
9.3 DrawSword Studio may independently decide to change, terminate, or suspend your use of any NeverCOM game service at any time without giving you any prior notice, except where prior notice is required in accordance with laws and regulations or the agreement between you and DrawSword Studio. If DrawSword Studio terminates or suspends your use of any NeverCOM game service in accordance with relevant regulations due to your behavior violating the provisions of laws and regulations or the provisions of this Agreement, DrawSword Studio shall not be liable to you and shall have the right to require you to bear the corresponding responsibility.
9.4 The NeverCOM game may cause abnormalities in your game character, game props, game equipment and other account data due to game software bugs, version update defects, third-party virus attacks or any other factors. Before the cause of the data abnormality is found, DrawSword Studio has the right to temporarily freeze the game account; if it is found that the data abnormality is an abnormal game behavior, DrawSword Studio has the right to restore the game account data to its original state before the abnormality occurred (including recovering the transferred data from a third party), and DrawSword Studio does not have to bear any responsibility to you.
9.5 DrawSword Studio does not authorize you to obtain game accounts, game props, game equipment, etc. from any third party through purchase, acceptance of gifts or other means. DrawSword Studio is not responsible for third-party transactions and does not accept complaints arising from disputes caused by any third-party transactions.
9.6 You fully understand that there is an objective situation of incompatibility between different operating systems, which is not caused by DrawSword Studio, which may result in your game data in one operating system not being smoothly transferred to another operating system. The risk of game data loss caused by your switching between different systems shall be borne by you, and DrawSword Studio shall not be required to bear any responsibility.
9.7 You fully understand that there may be a forced battle area or gameplay in the "NeverCOM" game. If you do not agree to the forced battle, please do not enter the game or game area; your entry will be deemed to agree to the gameplay and accept the corresponding consequences.
[size=150]10. Intellectual Property[/size]
10.1 DrawSword Studio enjoys all legal rights and interests of the "NeverCOM" game in accordance with the law (including but not limited to computer software copyright, artwork copyright, trademark right, patent right and other intellectual property rights); all content related to the "NeverCOM" game (including program code, text, pictures, audio, video, graphics, interface design, layout framework, relevant data, map archives or electronic documents, etc.) and trade secrets belong to DrawSword Studio and are protected by the laws and regulations of the People's Republic of China and relevant international treaties. Without the consent of DrawSword Studio, no one may implement, use or transfer the above intellectual property rights for any commercial or non-commercial purpose by themselves or by any third party.
10.2 The user confirms and agrees that the ownership and intellectual property rights of maps, building models, music, character images and other content (including text, pictures, audio, video, charts, interface design, layout framework, etc.) (collectively referred to as "Content") produced or provided by the user in the process of using NeverCOM and the services provided by DrawSword Studio belong to DrawSword Studio, which will register copyrights, trademarks and apply for related intellectual property rights. Without the written consent of DrawSword Studio, the user shall not apply for any intellectual property rights for the content produced or provided by the user in the process of using NeverCOM and the services provided by DrawSword Studio. DrawSword Studio has the right to copy, distribute, issue, rent, exhibit, perform, broadcast, modify, adapt, sublicense, disseminate through information networks, and use the content to create or adapt other works worldwide and completely free of charge, or authorize its affiliates or third parties to do so, without further notifying the user. Without the written permission of DrawSword Studio, no third party may implement, use or transfer the above intellectual property rights for any commercial or non-commercial purpose by itself or by authorizing others to do so. DrawSword Studio hereby authorizes users to only copy, distribute, exhibit, perform, broadcast, adapt, and disseminate information on the Internet the content produced and provided by DrawSword Studio. Without DrawSword Studio's consent, users may not use the content produced or provided by DrawSword Studio in NeverCOM beyond the scope of DrawSword Studio's authorization.
10.3 The content produced or provided by users in NeverCOM must comply with the terms of this Agreement, including but not limited to the provisions of Article 8 "User Code of Conduct", and must not infringe on the intellectual property rights or other legal rights of others. Otherwise, any claims and lawsuits made by third parties shall be handled by the user and all legal responsibilities shall be borne by the user. If DrawSword Studio suffers losses as a result, the user shall be responsible for compensation; in addition, DrawSword Studio has the right to take one or more of the following measures:
(1) Change, delete or block relevant content;
(2) Warn the offending account, ban the account;
(3) Change, restrict or prohibit part or all functions of the offending account;
(4) Suspend, restrict or terminate the user's use of NeverCOM, cancel the user's account, etc.;
(5) Report to the relevant regulatory authorities or state agencies;
(6) Other measures that DrawSword Studio considers reasonable.
10.4 The NeverCOM game may involve third-party intellectual property rights. If such third party has any requirements for you to use such intellectual property rights in the NeverCOM game based on this Agreement, DrawSword Studio will inform you of such requirements in an appropriate manner, and you shall comply with them.
[size=150]11. Comply with local laws and regulations[/size]
11.1 You should comply with local laws and regulations and respect local morals and customs when using DrawSword Studio services. If your behavior violates local laws and regulations or morals, you shall bear independent responsibility for it.
11.2 You should avoid involving DrawSword Studio in political and public events due to the use of DrawSword Studio services, otherwise DrawSword Studio has the right to suspend or terminate your services.
[size=150]12. Jurisdiction and applicable law[/size]
12.1 This Agreement is signed in Nanshan District, Shenzhen City, Guangdong Province, People's Republic of China.
12.2 The establishment, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be subject to the laws of mainland China (excluding conflict of laws).
12.3 If any dispute or controversy arises between you and DrawSword Studio due to this Agreement, it shall first be resolved through friendly negotiation; if the negotiation fails, you agree to submit the dispute or controversy to the People's Court with jurisdiction over the place where this Agreement is signed.
12.4 The titles of all clauses of this Agreement are for reading convenience only and have no actual meaning in themselves, and cannot be used as the basis for interpreting the meaning of this Agreement.
12.5 If any part of the terms of this Agreement is invalid for any reason, the remaining terms shall remain valid and binding on all parties.
[size=150]13. Others[/size]
13.1 If you have any comments or suggestions on this Agreement or the services of DrawSword Studio, please contact the customer service department of DrawSword Studio and we will provide you with necessary assistance.