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TERMS OF SERVICE
IF YOU ARE UNDER THE AGE OF 18 (OR OTHER LEGAL AGE DEFINED AS AN ADULT IN YOUR JURISDICTION), PLEASE READ THE TOS WITH YOUR LEGAL GUARDIAN(S) AND PAY CLOSE ATTENTION TO PROVISIONS REGARDING MINORS.
IMPORTANT NOTES:
WELCOME TO CHOOSE HangZhou QiHeShe Technology Co.Ltd (HEREINAFTER REFERRED TO AS “QiHeShe”). TO USE QiHeShe SERVICES, YOU SHALL READ AND ABIDE BY THE QiHeShe TERMS OF SERVICE (HEREINAFTER REFERRED TO AS THE “TOS”). PLEASE BE SURE TO CAREFULLY READ AND FULLY UNDERSTAND THE CONTENT OF EACH CLAUSE, ESPECIALLY THOSE INVOLVING WAIVER OR RESTRICTION OF LIABILITIES, TERMS OF JURISDICTION, APPLICABLE LAWS, AND SEPARATE TOSS ON THE PROVISION OR USE OF A CERTAIN SERVICE. CLAUSES INVOLVING WAIVER OR RESTRICTION OR LIABILITIES, AND/OR THOSE INVOLVING YOUR MAJOR RIGHTS AND INTERESTS MAY BE IN BOLD FOR YOUR ATTENTION.
UNLESS YOU HAVE READ, FULLY UNDERSTOOD AND ACCEPTED ALL THE TERMS AND CONDITIONS OF THE TOS, YOU HAVE NO RIGHT TO USE QiHeShe SERVICES. IF YOU USE QiHeShe SERVICES OR ACCEPT THE TOS IN ANY OTHER EXPRESS OR IMPLIED MANNER, IT SHALL BE DEEMED THAT YOU HAVE READ AND AGREED TO ENTER INTO THE TOS. THE TOS SHALL COME INTO LEGAL EFFECT BETWEEN YOU AND QiHeShe AND CONSTITUTE A LEGAL DOCUMENT BINDING ON BOTH PARTIES.
QiHeShe will use your personal privacy according to the Privacy Policy on the page of Privacy Policy.
Article 1 Signatories to the TOS
The TOS is signed by and between the following parties:
1. QiHeShe may provide you with Game Service through the websites and platforms of its own and its partners, such as STEAM.
2. You, also referred to as “player(s)” or “user(s)”, refers to any natural person who is authorized to install and use QiHeShe Game Software or enjoy QiHeShe Game Service after obtaining the permission of QiHeShe for non-commercial use through legal channels provided by QiHeShe.
Article 2 Definitions and Description
Unless otherwise stated, the following words have the following meanings:
1. QiHeShe Game Software: refers to the game software provided by QiHeShe (including any suitable version that can be operated on PC or micro terminals or web pages), as well as updates, upgrades, patches, data sheets, etc. related to such game software. It may include related web servers, websites, electronic media, printed materials or electronic documents, and so forth.
2. QiHeShe Game Service: refers to all the online operation services regarding the above-mentioned QiHeShe Game Software provided by QiHeShe to you, including QiHeShe Game Software itself.
3. Virtual item: refers to an in-game item designed by QiHeShe to meet the normal transaction exchange needs of players in QiHeShe Game Service. It is obtained through legal currency exchange and other means. It can be used to exchange various Virtual items specified in the game, and is limited to use and circulation in specific games, such as diamonds, gold coins, heroes, pets and other game props.
4. Warning: It refers to the educational guidance provided to users who violate the game rules. It is a means for the normal management of the game operation.
5. Muting: Shut down some or all chat channels of rule - breaking users and force - suspend their online conversation functions, making it impossible for their accounts to communicate with others until the penalty expires or is cancelled.
6. Temporary freezing of gameplay: Restrict the game characters of rule - violating users by limiting certain in - game operations until the expiration or cancellation of this penalty.
7. Permanent freezing of gameplay: Restrict the game characters of rule - violating users by limiting certain in - game operations, and such restrictions shall never be lifted or released.
8. Temporary banning of login: The accounts of users who violate the rules will be temporarily unable to log in to one or more games provided by us within a certain period. This restriction will remain in effect until the expiration or cancellation of this penalty.
9. Permanent banning of login: The accounts of users who violate the rules will be permanently prohibited from logging in to use our game services.
10. Forcing to go offline: Compel users who violate the rules to leave the current game and terminate the execution of the user's current game program.
11. Banning of account: Suspend or permanently revoke the right of rule - violating users to log in to our game services with their game accounts.
12. File Deletion: Delete the character files of users who violate the rules from the game world, ensuring that such characters no longer appear in the game environment.
13. Bearing legal responsibilities: In the event that a user's improper actions cause harm to others or our side, or contravene existing laws, the rule - violating user shall assume corresponding civil, administrative, or criminal liability in accordance with the law.
14. Dissolution of organizations: Dissolve organizations such as gangs, guilds, and factions established by users in the game world.
15. Modifying of nicknames: Force the modification of the names of users' game characters, teams, etc.
16. Temporary restricting of game behaviors: The accounts of users who violate the rules will have restricted access to some game services for a certain period of time.
17. Other punishment measures: Including but not limited to confiscating unjust benefits (such as in-game virtual items obtained by users through improper means), deducting values (including but not limited to experience points), etc.
18. Plug-ins: These refer to all programs that are independent of the game software and can affect in - game operations while the game is running. This includes, but is not limited to, programs that simulate user operations, alter the operating environment, modify data, and all other types.
19. Game bug: It refers to the loopholes or unreasonable phenomena existing in the game system, program, settings, etc.
20. Unauthorized Third-Party Software: It refers to any files or programs that can be used to gain an advantage in the game but are not part of the corresponding game software. This includes cheating plug-ins and related assisting plug-ins (including but not limited to software, programs, devices, etc. that can achieve effects such as automatic leveling up, automatic grinding, automatic quest completion, acceleration, showing blood in battles, or other operations beyond the scope of the game settings).
21. Fraud: It refers to the act of obtaining others' in-game virtual items or other property by means of false promises, fabricating facts, concealing the truth, deliberately misleading, impersonating others, deliberately confusing, etc. with the purpose of illegal possession. Fraudulent acts in the game include fraud by using similar nicknames, impersonating friends, impersonating the official, and other forms.
Article 3 Statement of Intellectual Property Rights
1. QiHeShe owns all the legitimate rights and interests of QiHeShe Game Software according to law (including but not limited to the intellectual property rights such as computer software copyright, art works copyright and patent rights involved therein, the rights to operate such QiHeShe Game Software, etc.), or has obtained legal authorization from the legal right holders, thus having the right to provide QiHeShe Game Software and QiHeShe Game Service to the user.
2. The texts and LOGOs (graphics) of “QiHeShe” embodied in QiHeShe Game Service, as well as the texts and LOGOs (graphics) used in specific services to identify the service names and sources (including but not limited to the names, LOGOs and ICONs of QiHeShe Game Service and QiHeShe Game Software developers, etc.), are trademarks or registered trademarks of QiHeShe and/or its affiliates.
3. QiHeShe Game Service may involve the intellectual property rights of a third party. If a third party proposes some requirements for using these intellectual property rights in QiHeShe Game Service, QiHeShe will inform you of these requirements in an appropriate manner and you shall comply with these requirements.
4. All rights not expressly granted to you in the TOS are reserved by QiHeShe.
Article 4 License and Limitations on Use of QiHeShe Game Software
1. On the premise that the user agrees to accept all the clauses of the TOS, QiHeShe agrees to grant the user the right to use the QiHeShe Game Software and QiHeShe Game Service for non-commercial purpose in a revocable, changeable, non-proprietary, non-transferable and non-sublicensable manner. The user can play QiHeShe Game Software on a computer terminal for personal use within the scope of authorization and enjoy the services provided by QiHeShe.
QiHeShe license granted to the user under the TOS is for personal use. If the user needs to use QiHeShe Game Software and QiHeShe Game Service outside the scope of personal use or for any commercial purpose, the user shall contact QiHeShe to obtain additional authorization. Any use, access, display, operation, commercial use and other acts without permission of QiHeShe will constitute infringement on QiHeShe.
2. UNLESS OTHERWISE AGREED IN THE TOS, THE USER SHALL NOT CARRY OUT THE FOLLOWING ACTS (WHETHER FOR PROFIT OR NOT) WITHOUT THE PRIOR WRITTEN CONSENT OF QiHeShe:
(1) Copying, translating, de-compiling, disassembling, communicating and displaying all or part of programs, user manuals and other graphic and audio data of QiHeShe Game Software, or reverse engineering any function or program of QiHeShe Game Software.
(2) Publicly displaying and playing all or part of the contents of QiHeShe Game Software/QiHeShe Game Service.
(3) Leasing and selling QiHeShe Game Software or using QiHeShe Game Software to engage in any profit-making activities.
(4) Modifying or covering up the service name, company logo, trademark (or) copyright information, other statements of intellectual property rights and so forth on the programs, images, animations, packages and manuals of QiHeShe Game Software.
(5) Other acts in violation of the Trademark Law, the Copyright Law, the Regulations on Computer Software Protection, relevant laws and regulations and international treaties.
3. You fully understand and agree that: in order to better provide users with QiHeShe game services, QiHeShe has the right to adjust, update, or optimize the game-related content including, but not limited to, the game version,the game characters,game equipment and other game props.
Article 5 Policy Charging
1. QiHeShe has the right to determine the charging methods and standards for QiHeShe Game Software and QiHeShe Game Service. QiHeShe has the right to determine different charging methods and standards for QiHeShe Game Software and QiHeShe Game Service at different stages, and QiHeShe has the right to adjust charging policies as needed. Major adjustments will be notified to you in advance (in-site letter, email, etc.)
2. Specific charging methods and standards, including but not limited to the charging standards for QiHeShe Game Software and the usage rights of Virtual items and value-added services (if any), etc., all will be published by QiHeShe in a form common to the PC game industry via Virtual item shops, prop purchase interfaces and other game modules.
3. THE USER IS OBLIGED TO READ INSTRUCTIONS CAREFULLY BEFORE SELECTING. ONCE THE USER CHOOSES TO USE THE QiHeShe GAME SOFTWARE TO BE CHARGED, PURCHASE THE USAGE RIGHTS OF RELATED OBJECTS OR ACCEPT RELATED SERVICES, THE USER SHALL BE DEEMED TO FULLY UNDERSTAND AND ACCEPT THE CORRESPONDING CHARGING METHODS AND CHARGING STANDARDS. IF THE USER PURCHASES THE PRODUCTS AND SERVICES OF QiHeShe NOT IN ACCORDANCE WITH THE CHARGING POLICY DETERMINED BY QiHeShe, QiHeShe CAN IMMEDIATELY STOP THE PROVISION OF PRODUCTS AND SERVICES TO THE USER.
Article 6 BILLING, PAYMENT AND OTHERS
1. Payment Authorization
(1) When you provide payment information to us or to one of our payment processors, you represent to QiHeShe that you are the authorized user of the credit card, PayPal or account associated with that payment, and you authorize us to charge your credit card or to process your payment with the chosen third-party payment processor for any purchase or other fees incurred by you.
(2) You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to order or purchase items at prices not applicable to your location, or for any other purpose. Failure to do so means QiHeShe may terminate your access to your Account.
2. Responsibility for Charges Associated with Your Account
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone else using your Account, including your family members or friends. If you cancel your Account, QiHeShe reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before QiHeShe will allow you to register again.
3. Refunds and Rights of Withdrawal
(1) IF QiHeShe PROVIDES YOU WITH PAID GAMING SERVICES IN ACCORDANCE WITH THE TOS,YOU KNOW AND AGREE THAT DUE TO THE SPECIAL NATURE OF VIRTUAL ITEMS, NO REFUNDS ARE AVAILABLE UNLESS THERE ARE SPECIAL REGULATIONS IN YOUR REGION.
(2) FOR EUROPEAN UNION AND UNITED KINGDOM CONSUMERS. UNDER THE LAW, YOU HAVE AN AUTOMATIC STATUTORY RIGHT OF WITHDRAWAL FROM CONTRACTS FOR PURCHASES OF DIGITAL CONTENT, SUCH AS PC GAME OR WEB PAGE GAMES. HOWEVER, WHEN YOU PURCHASE DIGITAL CONTENT WITH QiHeShe, YOU AGREE THAT THE DIGITAL CONTENT WILL BE AVAILABLE TO YOU IMMEDIATELY, AND YOU ACKNOWLEDGE THAT, AS A RESULT, YOU WAIVE YOUR AUTOMATIC STATUTORY RIGHT OF WITHDRAWAL.
(3) YOU AGREE AND ACKNOWLEDGE THAT, ACCORDING TO THE PROVISIONS OF THIS AGREEMENT, DUE TO THE SPECIAL NATURE OF VIRTUAL ITEMS, ANY FEES PAID BY THE USER TO QiHeShe WILL NOT BE REFUNDED.
For details, please consult our customer service or contact the game platform.
Article 7 Virtual item
1. Virtual item include but are not limited to characters, resources, items in the game, and their ownership belongs to QiHeShe.
2. FOR EACH OF VIRTUAL ITEMS, IF THERE IS NO ANY SPECIAL MARK FOR ITS SERVICE LIFE, THE USER CAN PERSIST IN USING IT AFTER OBTAINING THE USAGE RIGHT IN DEFAULT UNTIL THE CORRESPONDING QiHeShe GAME SERVICE IS TERMINATED; IF THERE IS A SPECIAL MARK FOR ITS SERVICE LIFE OR RULES INDICATING THE ITEM'S DROP CONDITIONS, THE SERVICE LIFE SHALL BE SUBJECT TO THE SPECIAL MARK OR RULES. USERS ARE ADVISED TO PAY SPECIAL ATTENTION THAT IF THE SERVICE LIFE EXPIRES OR THE ITEM DROPS, QiHeShe RESERVES THE RIGHT TO RECLAIM THE USAGE RIGHT ACCORDING TO THE GAME RULES WITHOUT ADDITIONAL NOTICE TO THE USER (THE SERVICE LIFE SHALL NOT BE INTERRUPTED OR SUSPENDED FOR ANY REASON).
3. IF THE USER'S GAME CHARACTER IS DELETED OR RETREATED, AND OBJECTS OR CURRENCIES ARE LOST DUE TO NETWORK PROBLEMS, PERSONAL OPERATION PROBLEMS AND OTHER REASONS NOT ATTRIBUTABLE TO QiHeShe, QiHeShe NEED NOT BEAR ANY RESPONSIBILITY.
Article 8 Registration, Use and Custody of User Accounts
1. Use and Custody of User Account
(1) According to the stipulations of essential clauses, QiHeShe has the right to shall actively take reasonable measures regarding technology and management to ensure the safety and validity of the user account; you are obliged to properly keep your user account and password and use them correctly and safely. If either party fails to fulfill the above obligations, resulting in loss of the user account password, theft of the user account, and other circumstances that cause damage to your or other person's civil rights, the party shall bear the legal liability arising therefrom.
(2) You shall enjoy corresponding rights by law and bear the responsibility for the acts arising from the user account held by you. QiHeShe specially reminds players:
QiHeShe does not support transaction and sharing of user accounts. QiHeShe does not provide any support or guarantee for any problems arising from the transaction and sharing of user accounts. QiHeShe will not handle and will not bear any responsibility for any account disputes arising from the transaction and sharing of user accounts, such as fraudulent/theft of accounts and destruction of props. Transaction and sharing of user accounts are likely to bring losses to players. In order to avoid such incidents, the players shall cherish your own user accounts and never trade and share the user accounts. Meanwhile, for the safety of your user account, please note:
① Do not trust any information other than official information of QiHeShe, such as activities, plug-ins, accelerators, award winning information and award winning websites.
② QiHeShe will not cooperate with any third-party trading platform for transaction of user accounts, nor will it acquire user account and password from players;
③ It is suggested that the player bind your user account according to the prompts of QiHeShe. If the user account is abnormal, password shall be changed in time to avoid unnecessary losses.
(3) Once the user account or password is found to have been illegally used by others or used abnormally, you shall timely handle the case according to the method announced by the account service provider, and have the right to timely notify the QiHeShe Game Service provider to take measures to suspend the login and use of the user account.
(4) QiHeShe shall require the user to provide and verify valid personal identity information or proof consistent with the registered identity information if it takes measures to suspend the login and use of the user account based on the user's notification.
(5) If QiHeShe verifies that the valid personal identity information or proof provided by the user is not consistent with the registered identity information, measures shall be taken timely to suspend the login and use of the user account.
(6) If QiHeShe fails to take timely measures to suspend the login and use of the user account in accordance with the preceding paragraph (5), thus causing losses to the user, QiHeShe shall bear corresponding legal responsibilities.
(7) If the user does not provide valid personal identity information or proof, or if the valid personal identity information or proof provided by the user is inconsistent with the registered identity information, QiHeShe has the right to refuse the above request of the user.
(8) If the user does not log into the game for a long time (typically 150 days or more), and the user account does not fulfill the conditions for retaining, QiHeShe has the right to delete the user account and any records of the user account from the game database(including but not limited to the game character, level, objects, value-added service token, etc.). The deleted data information cannot be recovered again. Before doing delete, QiHeShe will publishes an announcement about account deletion and the conditions for retaining accounts thirty days in advance.
Article 9 Protection and Collection of User Information
When QiHeShe requests the user to provide personal identity information, relevant privacy protection policies and personal information utilization policies shall be disclosed to the user in a clear and conspicuous way in advance, and necessary measures shall be taken to protect the safety of the user's personal information.
In order to protect the privacy of the user and regulate the use of the user's personal information, QiHeShe has formulated the Privacy Policy. The user is requested to read the contents of the policy carefully.
Article 10 Obligations of QiHeShe
1. QiHeShe shall agree to provide the user with QiHeShe Game Service via the PC according to the TOS.
2. QiHeShe shall save the recharge record of in-game currency for 180 days from the date of recharge by the user.
3. In the process of using the in-game currency of QiHeShe , the user has the right to request QiHeShe to assist in obtaining the in-game currency recharge record and transfer record. QiHeShe shall request the user to provide and verify the valid personal identity information or proof consistent with the user's registered information. If QiHeShe verifies that the valid personal identity information or proof provided by the user is consistent with the registered identity information, QiHeShe shall assist in providing such records. If the user does not provide valid personal identity information or proof, or the valid personal identity information or proof provided by the user is inconsistent with the registered identity information, QiHeShe has the right to refuse the user's request.
Article 11 Obligations of Users
1. The user shall have self-provided equipment necessary for surfing the Internet, including but not limited to computers, wireless routers or other necessary surfing devices.
2. The user shall bear the charges for telecommunication and internet related to this service.
3. The user shall abide by the provisions of the TOS and other relevant rules and regulations (including but not limited to the service terms on QiHeShe account agreed by the user and the rules published by QiHeShe in the game, etc.) .
4. Unless otherwise agreed upon with QiHeShe , you agree that the services under the TOS are only for your personal, non-commercial use.
5. You shall use services in a manner defined or approved by QiHeShe . The rights available to you under the TOS shall not be transferable.
6. You shall not use any plug-in, add-on or third-party tool not authorized by QiHeShe to interfere with, destroy, modify, or exert other influence on the services under the TOS.
7. If QiHeShe has reason to believe that your conduct is or may be in violation of the aforementioned, QiHeShe may, at its sole discretion, suspend or terminate Services without a prior notice, and pursue legal actions. If there are special laws and regulations in the area where you are located, such laws and regulations shall prevail.
8. When you use QiHeShe Services, you promise to abide by the local laws and regulations, and you shall not use the service to engage in illegal activity.
9. If iHeShe discovers or is informed that the information you posted or published is in violation of the TOS or the laws, QiHeShe has the right to decide at its sole discretion and take technical measures to delete, block or disconnect relevant links to the information. Additionally, QiHeShe has the right to take measures as appropriate, including but not limited to suspending or terminating services, restricting, suspending or terminating your account, and you shall bear full responsibility solely (including but not limited to property damages, reputational damage, legal fees, attorney fees, notarization fees, transportation fees, and other reasonable expenses).
10. You shall refrain from involving QiHeShe in any political or public incident when you use any service hereunder; otherwise QiHeShe has the right to suspend or terminate such service provided to you.
Article 12 Improper Game Behaviors
1. The user shall bear the responsibilities for the information published by himself. In particular, the user shall not publish the following contents:
(1) spreading obscenity, porn, gambling, violence, murder and terror or abetting a crime;
(2) infringing upon the privacy of others, insulting or slandering others, or infringing upon the legitimate rights and interests of others;
(3) promoting or instigating the use of plug-ins, non-official servers and contents related to a Trojan horse program;
(4) containing the information related to nationality, race and religion;
(5) publishing any home page addresses or links including software, documents, etc. that are reasonably judged inappropriate by QiHeShe or not recognized by QiHeShe;
(6) containing other vulgar, harmful and offensive contents, or involving other contents prohibited by law.
2. The user shall not use QiHeShe Game Software and QiHeShe Game Service or participate in QiHeShe game activities through improper means or other unfair means.
3. ONCE THE USER IS VERIFIED TO IMPLEMENT THE ABOVE IMPROPER MEANS OR OTHER UNFAIR MEANS, QiHeShe HAS THE RIGHT TO TAKE ONE OR MORE PUNISHMENT MEASURES UNDER ARTICLE 15 OF THE TOS ACCORDING TO SPECIFIC CIRCUMSTANCES. IF THE CIRCUMSTANCES ARE SERIOUS, QiHeShe RESERVES THE RIGHT TO INVESTIGATE THE LEGAL RESPONSIBILITY OF THE USER.
4. The user shall agree to use the monitoring data in the game program as the basis for judging whether the user has cheated in the game by using plug-in programs and other methods.
Article 13 Interruption, Suspension and Termination of Services
1. Suspension and Termination of User Services
(1) QiHeShe shall immediately terminate the provision of services to the user if the user publishes illegal information, seriously violates social morality, and is subject to other acts in violation of laws and regulations.
(2) QiHeShe has the right to terminate the provision of services if the user is subject to any one of the acts listed in Article 12 of the TOS or other improper game behaviors while enjoying QiHeShe Game Service.
(3) QiHeShe has the right to suspend the provision of all or part of the services if the user provides false registered identity information or violates the TOS; the user shall be informed of the suspension measures taken by QiHeShe and the suspension period. The suspension period shall be reasonable. QiHeShe shall resume the provision of services to the user in time when the suspension period expires.
2. Interruption, Suspension and Termination of Game Server Operation
(1) QiHeShe needs to periodically stop the game server for maintenance or carry out emergency stop maintenance for emergencies for the purpose of normal operation of the game server; please understand the interruption and suspension of normal service caused by the above circumstances. QiHeShe is obliged to make the best to minimize the interruption duration.
QiHeShe has the right to terminate or interrupt all or part of the services provided by the game server under any one of the following circumstances.QiHeShe shall not assume any responsibility for any inconvenience or damage caused thereby to the user or the third party.Accordingly, we will choose to provide appropriate virtual prop compensation for relevant users according to the actual situation:
① Regular inspection or construction, update of software and hardware, etc. QiHeShe has the right to suspend the provision of services, but QiHeShe will complete maintenance and update as soon as possible;
② The game server is damaged and cannot operate normally;
③ Sudden failures in software and hardware equipment and electronic communication equipment;
④ Failures in the lines of the network provider or others;
⑤ In case of the emergency circumstances regulated by law or the circumstances for the personal security of the user and the third party;
⑥ The circumstances caused by the third party or other force majeure.
(2) QiHeShe reserves the right to terminate the provision of all or part of QiHeShe Game Service if it deems necessary，but advance notice will be given.
Regardless of the reason why QiHeShe Game Service is terminated, the user shall take corresponding measures to handle the Virtual items, including but not limited to canceling or stopping using the user account, Virtual items and other related matters. The user shall not require QiHeShe to assume any form of liability for indemnity or compensation including but not limited to the indemnity required due to impossibility to continue to use the user account, Virtual items, etc. EXCEPT: the in-game currency which has purchased but has not been used(except for free gifts, recharge gifts, etc.) due to complete termination QiHeShe Game Service.
Article 14 Special Description of Combat System
Specific QiHeShe Game Service may include a combat system in which users can freely fight with each other. For this type of QiHeShe Game Service with a combat system, once you “click accept” / “click next” , or register, start to use and/or continue to use the corresponding QiHeShe Game Software or QiHeShe Game Service, you will be deemed to agree to all free battle behaviors in the combat system and shall abide by the rules for free battle.
Article 15 Type and Definition of Punishments
If you violate the provisions of the TOS, in addition to the corresponding punishments according to other provisions, you may also bear one or more of the following penalties:
(1) Warning: It is only an educational guidance for the player who violates the rules of the game. It is a way for normal management of game operation.
(2) Muting: It means to close some or all chat channels of a violated player, and force to suspend the online conversation function of the player's user account so that the player cannot talk with other players until the punishment expires or is canceled.
(3) Temporary freezing of gameplay: It means to restrict the game characters of a violated player who violates the rules and restrict some game operations of the player until the punishment expires or is canceled.
(4) Permanent freezing of gameplay: It means to restrict the game characters of the violated player, restrict some game operations of the player. The gameplay will never be unfrozen or released.
(5) Temporary banning of login: The user account of a violated player will be temporarily unable to log into one or several games of QiHeShe for a certain period of time until the punishment expires or is canceled.
(6) Permanent banning of login: The user account of a violated player will never be able to log into one or several games of QiHeShe and enjoy QiHeShe Game Service.
(7) Forcing to go offline: It means to force a violated player to quit the current game and terminate the execution of the player's current game program.
(8) Banning of account: It means to suspend or permanently terminate the right of a violated player to log into QiHeShe Game Service with the game account.
(9) Dissolution of organizations: It means to dissolute the families, alliances, forces and other organizations established by a violated player.
(10) Modifying of nicknames: It means to make mandatory modifications to nicknames or names independently determined by a violated player, such as the names of the player's game character or alliance, space, etc.
(11) Temporary restricting of game behaviors: It means to restrict the user account of a violated player from using some game services within a certain period of time. For example, the transaction of the player's game characters and some game behaviors such as character upgrade and PK will be restricted within a certain period of time.
(12) Freezing of Virtual item: It means to restrict relevant functions of the Virtual items attached to the game character of a violated player, including but not limited to using, trading and giving such objects.
(13) Deduction of Virtual item: It means to deduct the Virtual items (included but not limited to) acquired by a violated player due to fraud or other irregularities.
(14) Deduction of parameters: It means to deduct the parameters of the game character, including but not limited to the game character level, currencies, experience, gold coins, diamonds, etc.
(15) Resetting: It means to permanently and irrevocably cancel or clear the objects, credits, levels and/or honors illegally acquired by the player.
(16) Banning of IP: It means to temporarily or permanently prohibit an illegal user from logging into a game server with abnormal IP.
(17) Bearing legal responsibilities: If the player's improper acts cause damage to others or QiHeShe or violates the current legal provisions, the violated player shall bear corresponding civil, administrative or criminal liabilities according to law.
(18) Other punishment measures: including but not limited to confiscation of illegitimate interests (e.g. Virtual items acquired by the player through illegitimate means), deleting of improper opinions, temporary interruption of services, etc.
IF QiHeShe TAKES SUCH PUNISHMENT MEASURES AS PERMANENT BANNING OF LOGIN, BANNING OF ACCOUNT,AND BANNING OF IP, THE PLAYER SHALL AGREE THAT QiHeShe WILL NOT RETURN ALL OBJECTS ATTACHED TO THE ACCOUNT (INCLUDING BUT NOT LIMITED TO DIAMONDS,GOLD COINS,HERO CHARACTERS,PETS AND OTHER GAME PROPS).
Article 16 Anti-Harassment Rules in Games
QiHeShe advocates players to be responsible for your own words and deeds, and play games in a civilized and healthy manner. The players will be punished according to the stipulations of this article in case of any one of the following conditions.
1. Pretending to be a system or the staff of QiHeShe : In the game, anyone who publishes or propagates false information to other players by pretending to be a system or the staff of QiHeShe through various means and behaviors may be punished as follows according to the situation: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; banning of account.
2. Illegal websites: In order to maintain cleanliness and harmony in the game world, anyone who publicizes illegal websites may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; banning of account.
3. Indecent words and deeds: In the game, anyone who publishes or propagates indecent words and deeds through various means and behaviors may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; forcing to go offline; temporary banning of login.
4. Spam advertisement information: Anyone, who propagates a large number of same and similar phrases or meaningless contents, as well as any information unrelated to the game (including but not limited to flooding the screen, etc.), or publishes or propagates any information that disparages, denigrates, maliciously attacks the game or QiHeShe or other false information, may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; forcing to go offline; temporary banning of login; permanent banning of login; banning of account; banning of IP.
5. Region cleavage: In the game, anyone who causes regional disputes through various ways or means may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; forcing to go offline; temporary banning of login; permanent banning of login; banning of account.
6. Real life information and personal intimidation: Any violence not directly related to the game world as well as any disclosure of information on the game world and real life of other players or QiHeShe staff may be punished as follows: muting; forcing to go offline; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; banning of account; banning of IP; bearing legal responsibilities.
7. Publicizing or using Trojan, plug-in, virus and other information: In the game, publishing or propagating and using Trojan, cheating tool, virus and other information through various ways and behaviors may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; forcing to go offline; banning of account; banning of IP; bearing legal responsibilities.
8. : In the game, publishing or propagating game boosting through various ways and behaviors may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; forcing to go offline; banning of account; banning of IP.
9. Publicizing the third-party recharging: In the game, publishing or propagating the third-party recharging information through various ways and behaviors may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; forcing to go offline; banning of account; banning of IP.
10. Publicizing or performing offline purchase: The player may purchase Virtual items only in the game or through the platform (if any) approved by QiHeShe . The user's relevant behaviors (including but not limited to the user's recharging or purchasing of objects in the game through a third party) of recharging or purchasing on other platforms not approved by QiHeShe in advance will be severely cracked down and punished by QiHeShe. Once such behaviors are verified, QiHeShe has the right to take various punishment measures according to the specific situation, including but not limited to one or more of the following: warning, muting, deduction of parameters, temporary freezing of Virtual items, deduction of Virtual items, temporary freezing of gameplay, permanent freezing of gameplay, forcing to go offline, banning of account, banning of IP, and other technical measures to prevent the user from conducting such behaviors; in severe cases, QiHeShe reserves the right to investigate the legal liability of the user. Moreover, QiHeShe will not protect any results of offline purchase, and any problems and disputes arising from offline purchase among users, including but not limited to the fraud of money or Virtual items by false purchase information, are irrelevant to QiHeShe. The user shall be responsible for such problems and disputes, and QiHeShe is not be responsible for compensation or losses resulted therefrom.
11. Publicizing or publishing illegal information, seriously violating the social morality: In the game, the player may be punished as follows for any violation of laws, ethics and the TOS: warning; muting; forcing to go offline; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; banning of account; banning of IP; bearing legal responsibilities.
12. Other harassment behaviors: In addition to the above circumstances in this Article, the player may be punished as follows for other harassment against laws and regulations or the TOS: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; forcing to go offline; banning of account; banning of IP; bearing legal responsibilities.
Article 17 Interactive Management Rules of Game Administrator (hereinafter referred to as “Service Personnel”)
1. We hope that the communication between the Service Personnel and the player is conducive to the player, but the player shall comply with relevant regulations. QiHeShe may impose punishment on the following behaviors:
(1) Abusing or viciously attacking the Service Personnel: In the game, verbal abuse or malicious attack on the Service Personnel is not allowed. Once found, QiHeShe may impose severe punishment on such behaviors.
(2) Disturbing the game order: In the game, QiHeShe may impose severe punishment on any of the following behaviors:
① Any malicious PK, site clearing, blackmail, etc.;
② Threatening or inciting other players to participate in abnormal game content (including but not limited to demonstration, mobbing, etc.);
2. In case of violating any item in Paragraph 1 of this Article, the player may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; forcing to go offline; banning of account; banning of IP; temporary interruption of services; bearing legal responsibilities.
3. Retrieving the password: If the password is forgotten or lost, the player may collect relevant information of the password and try to contact the Service Personnel of QiHeShe for checking and processing.
Any Service Personnel and staff of QiHeShe will not ask for the password, security code and other information from the player in the game, so the player shall pay attention to identify similar cases to avoid unnecessary losses.
Article 18 Handling Rules for Using Game Bugs and Third-Party Software
1. Game bug refers to the vulnerability or unreasonable phenomenon in the game system, program, settings, etc.
No player is allowed to make profits or disturb the game order directly or indirectly by utilizing the game bugs, program vulnerabilities, game rule loophole etc., or to use the bugs, program vulnerabilities, game rule loophole vulnerabilities, etc., for personal purposes. Once such behaviors are verified (if any), the player may be punished as follows: confiscating of the improper benefits obtained directly or indirectly by utilizing the bugs in a game; deduction of parameters (including but not limited to XP); resetting; forcing to go offline; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; banning of account; banning of IP; bearing legal responsibilities.
2. Unauthorized third-party software refers to any file or program that can be used to gain advantages in the game, but is not a part of QiHeShe Game Software, including cheating plug-ins and related auxiliary plug-ins (including but not limited to automatic click, automatic upgrade, automatic leveling, automatic energy supplement, automatic accomplishment of task, acceleration, dot simulation, and other operations beyond the setting range of the game). Anyone who uses cheating plug-ins and related auxiliary plug-ins will be subject to severe punishment: confiscating of illegitimate benefits that the player has directly or indirectly acquired by using the third-party software in the game; deduction of parameters (including but not limited to XP); resetting; temporary freezing of gameplay; permanent freezing of gameplay; forcing to go offline; temporary banning of login; permanent banning of login; banning of account; banning of IP; bearing legal responsibilities.
Any external third-party software which is simultaneously used with QiHeShe Game Software may exert unfavorable impacts on the game. The main consequence of using external applications is that the data transmission will not be smooth, leaving the player to suffer from frequent disconnection or lagging. External application software is likely to make the player's computers, etc. to be infected by viruses, and invaded by spyware and other unknown programs. Third-party software may also steal information (e.g. account, password and other personal information) which the player stores in PCs.
3. Modifying the client refers to any behavior of changing the official version of the client published by QiHeShe in any way which changes, adds or reduces the pre-set functions QiHeShe or gives rise to abnormality in the data sent by the client to the server. It is a kind of cheating behavior. Once verified, QiHeShe will take severe punishment measures, including: confiscating of illegitimate benefits directly or indirectly obtained by the player using the client to play games; deduction of parameters (including but not limited to XP); resetting; temporary freezing of gameplay; permanent freezing of gameplay; forcing to go offline; temporary banning of login; permanent banning of login; banning of account; banning of IP; and bearing legal responsibilities.
Article 19 Handling Rules for Account Hacking and Account Hacking-related Behaviors
Once discovering any abnormal behavior or data of the player, QiHeShe is entitled to observe and record the player's behavior, and decide whether the player has violated the User Code of Conduct of the TOS based on the results of observation and record.
Account hacking and account hacking-related behaviors (including but not limited to hacking the user account, game data and personal information of the player, assisting the account hacker in operation and transfer of Virtual items, modifying and destructing Virtual item, transferring objects under an abnormal IP and other account hacking and account hacking-related behaviors) will be severely cracked down and punished by QiHeShe for the purpose of ensuring that players can enjoy the game and protecting their legitimate benefits from being infringed. Once verified to be true or as required by relevant authorities, QiHeShe has the right to take such punishment measures as temporary restricting of game behaviors, deduction of Virtual items, temporary banning of login, permanent banning of login and banning of account as the case may be. In severe circumstances, QiHeShe reserves the right to investigate the legal responsibilities of the player involved.
On condition that you did not actively participate in the account hacking, but the objects you've obtained are obtained by others through account hacking, and then transferred or assigned to you, in order to maintain the rights and interests of the player subject to hacking and the fair and just game order in the game, QiHeShe has the right to deduct such objects which you've purchased.
If you violates the User Code of Conduct in this article, QiHeShe further has the right to require the violated player to bear the liability to QiHeShe for breach of TOS, including but not limited to recovering to the original status, eliminating the impact and compensating direct and indirect loss or additional cost incurred to QiHeShe; moreover, QiHeShe has the right to recover from the violated player in case QiHeShe has undertaken the administrative punishment or tort compensatory responsibility due to the violated player's behavior.
In the process of verifying the player's account hacked, QiHeShe may request relevant player to assist in the investigation, including but not limited to investigation for banning of login, online communication, offline communication, etc. so as to investigate and deal with problems quickly.
Article 20 Handling Rules for Fraud in Game
Fraud in game refers to wangling other's objects or other properties in the game for the purpose of illegal possession in such ways as making a false promise, making up fictitious fact, concealing the truth, deliberately misleading, pretending to be others, deliberately confusing something. Fraud in game involves planning a fraud by taking a similar nickname, pretending to be a friend, pretending to be official and other forms.
Provided that the player commits fraud in game, we will take all kinds of measures according to the fraud circumstance of the player, including but not limited to one or more of the followings: deduction of Virtual items, deduction of parameters (including but not limited to XP), temporary freezing of gameplay, permanent freezing of gameplay, forcing to go offline, temporary banning of login, permanent banning of login and banning of account.
On condition that you did not actively participate in the fraud, but the objects you've obtained are obtained by others through fraud, and then transferred or assigned to you, in order to maintain the rights and interests of the player subject to fraud and the fair and just game order in the game, QiHeShe has the right to deduct such objects which you've purchased.
Article 21 Handling Rules for Recharge-related Dishonest Behaviors
In case of any misunderstanding, dissatisfaction, suggestion or other demand for QiHeShe Game Service after the user successfully recharges QiHeShe Game Service and obtains the use right of objects or value-added services (hereinafter referred to as "recharge income"), the user may inform QiHeShe at any time through the online customer service or send us an email. Dishonest behavior that the user still uses the recharge service after refund operation will be severely cracked down and punished by QiHeShe , including but not limited to one or more of the followings: warning, deduction of parameters, freezing or deduction of objects or value-added service, temporary freezing of gameplay, permanent freezing of gameplay, forcing to go offline, banning of account, banning of IP, and other technical measures to prevent the user from committing such behaviors; in severe circumstances, QiHeShe reserves the right to investigate the user's legal responsibilities.
QiHeShe will seriously deal with the user account involving recharging for other player and refunding of recharging for other player to maintain the normal operation of the game. The user account involving recharging for other player and refunding of recharging for other player is subject to one or more punishment measures in Article 15 - Type of Punishments under the TOS as the case may be. In severe circumstances, QiHeShe reserves the right to investigate the user's legal responsibilities. The user agrees to use the monitoring data in the QiHeShe game program as the basis to judge whether there is any behavior of recharging for other player and refunding of recharging for other player.
Article 22 Handling Rules for Data Exception
In case QiHeShe finds out abnormal user data or any illegal or other improper behavior, including but not limited to: (1) improvement of the game character data and the character ranking in the game through bug or in other abnormal way; (2) transaction not for the purpose of normal game entertainment and interaction; (3) abnormal transaction for the purpose of transferring Virtual items or improving the strength of a specific game character, (including but not limited to the purchase of the Virtual items that are not required for the game character, transaction of the Virtual items at an abnormal price, transaction of Virtual items among multiple game accounts controlled by the same player, etc.).
QiHeShe has the right to investigate and take corresponding measures, including but not limited to: (1) deleting of Virtual items; (2) confiscating of illegitimate benefits; (3) deduction of parameters or resetting; (4) muting; (5) temporary banning of login; (6) permanent banning of login; (7) temporary freezing of gameplay; (8) permanent freezing of gameplay; (9) forcing to go offline; (10) banning until the user account is deleted, etc. The user has no right to require QiHeShe to bear any responsibility for the above circumstance.
Article 23 Handling Rules for Behaviors of Seeking Illegitimate Benefits
The user promises not to engage in game behavior or transact objects for the purpose of seeking benefits, and any case of engaging in game behavior or transacting objects for the purpose of seeking benefits will be deemed to seek illegitimate benefits including but not limited to the following cases of the user:
(1) Register multiple user accounts and/or game character IDs to conduct game behaviors for seeking benefits;
(2) Engage in single or series output gameplay, and selling the obtained objects for seeking benefits(In the game, by purchasing auction house props at a high premium, both buyers and sellers will be regarded as profiting from offline sales of virtual items);
(3) Buy and sell objects on different servers for seeking benefits by exploiting the value difference of objects on different servers;
(4) Act as an intermediary agent of game account and object transaction and charging others for seeking benefits;
(5) Purchase user accounts or objects on trading platforms that are not provided or recognized by QiHeShe;
(6) Sell the objects obtained in the game for profit instead of focusing on the strength enhancement of the game character;
(7) Organize or participate in gambling, conduct or participate in any theft of other players' property or objects and other alleged criminal acts by means of any activities and contents in the game;
(8) Any other in-game profit-making behavior that does not aim at the normal interactive needs of game entertainment.
Meanwhile, QiHeShe has the right to take the following measures for the user who seeks illegitimate benefits: Deduction of parameters, deduction of Virtual items, temporary freezing of gameplay, permanent freezing of gameplay, forcing to go offline, temporary banning of login, permanent banning of login, banning of account, banning of IP and other technical measures which may be taken to prevent any user accounts (including but not limited to the accounts for obtaining, transferring and selling the Virtual items) involved in seeking illegitimate benefits. In severe cases, QiHeShe reserves the right to investigate the legal liability of such user.
Article 24 Protection Rules for Game Character
For any reported game character theft, hacking or any other abnormalities, or any game character theft, sharing, abusing or other abnormalities detected by QiHeShe, QiHeShe will conduct an investigation on your game character and take protective measures (including but not limited to temporary freezing of the game character) during the investigation as the case may be, so as to avoid the illegal infringement upon your game characters and Virtual items. Please submit relevant information according to the guidance of QiHeShe to cooperate with the investigation, so as to remove the protective measures from your game character as soon as possible.
Article 25 Compensation for Damages
If any violation of the user in the game causes damage to QiHeShe or a third party, the user shall bear the corresponding legal liability, and QiHeShe has the right to take all reasonable actions against the imposed damage, including but not limited to the deduction of Virtual items. QiHeShe also has the right to reclaim the amount of loss and ask the user to bear the reasonable cost resulted therefrom, including but not limited to authentication fee, etc.
Article 26 Disclaimer
1. QiHeShe SHALL NOT BE LIABLE FOR THE FOLLOWING ASPECTS UNDER THE TOS: THE FAILURE OF FIXED AND MOBILE COMMUNICATION NETWORKS PROVIDED BY DOMESTIC AND OVERSEAS INFRASTRUCTURE TELECOMMUNICATION OPERATORS INVOLVED IN THE TOS, VARIOUS TECHNICAL DEFECTS, COVERAGE RESTRICTIONS, FORCE MAJEURE, COMPUTER VIRUSES, HACKER ATTACKS, PLAYER'S LOCATION, PLAYER'S SHUTDOWN, PARTNER FACTORS, OTHER INTENTIONAL OR NEGLIGENT ACTS, OR OTHER PROBLEMS BEYOND THE TECHNICAL CAPABILITIES OF QiHeShe INCLUDING SERVICE INTERRUPTION, LOSS OF DATA OR SMS SENT BY PLAYERS, OCCURRENCE OF UNREADABLE CODE, WRONG RECEPTION, INABILITY TO RECEIVE, DELAYED RECEPTION, ETC.
2. IN CASE OF SYSTEM FAILURE, SECURITY VULNERABILITY, BUG AND ERROR, QiHeShe HAS THE RIGHT TO RESTORE THE GAME DATA TO THE SETTINGS OF A PREDEFINED DATE TO MAINTAIN THE BALANCE OF THE GAME. THE PLAYER SHALL NOT CLAIM ANY COMPENSATION OR INDEMNITY FOR THIS.ACCORDINGLY, WE WILL CHOOSE TO PROVIDE APPROPRIATE VIRTUAL PROP COMPENSATION FOR RELEVANT USERS ACCORDING TO THE ACTUAL SITUATION.
3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QiHeShe SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, ACCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PRIVACY DISCLOSURE, ANY LIABILITY FOR FAILURE TO PERFORM ANY DUTY INCLUDING GOOD FAITH OR REASONABLE CARE, DAMAGES FOR NEGLIGENCE AND FOR ANY OTHER MONETARY OR OTHER LOSS) CAUSED BY THE USE OF QiHeShe’s PRODUCTS AND SERVICES BY THE PLAYER, WHICH MAY COME FROM THE IMPROPER USE OF THE PRODUCTS AND SERVICES BY THE PLAYER OR OTHERS, THE PURCHASE OF MERCHANDISES OR SIMILAR SERVICES ON THE INTERNET, THE TRANSACTION ON THE INTERNET, THE ILLEGAL USE OF THE SERVICES OR ANY CHANGE TO THE PLAYER’S INFORMATION TRANSMITTED. THE PLAYER UNDERSTANDS AND AGREES THAT THE TOTAL LIABILITY OF QiHeShe SHALL NOT EXCEED THE TOTAL EXPENSES PAID BY THE PLAYER TO QiHeShe WITHIN SIX MONTHS BEFORE THE DATE OF THE CLAIM, REGARDLESS OF THE CAUSE OF CLAIM BEING BREACH OF CONTRACT, TORT LIABILITY OR OTHER REASONS.
4. ANY CONSEQUENCE CAUSED BY THE PLAYER'S PERSONAL MISTAKE, ERROR OR IMPROPER OPERATION SHALL BE BORNE BY THE PLAYER, AND QiHeShe WILL NOT MAKE ANY COMPENSATION OR INDEMNITY.
Article 27 Links and Advertising Information
All links provided by QiHeShe in the game may be linked to the websites of other individuals, companies or organizations. The purpose of providing such websites is to facilitate users to search or obtain relevant information by themselves. QiHeShe does not guarantee the authenticity, integrity, timeliness or credibility of the products, services or information provided by the websites of the linked individual, company or organization. There is no employment, appointment, agency, partnership or other similar relationship between these individuals, companies or organizations and QiHeShe.
QiHeShe may publish commercial advertisements or other information on promotional activities in the game. These advertisements or promotional activities are provided by advertisers or commercial service providers who shall bear the corresponding responsibility. QiHeShe only provides the media for publishing content. For the merchandises or services purchased by the user through such linked websites or advertisements, the transaction will be established only between the user and the provider of such merchandises or services. QiHeShe will not be involved in such transaction and will not bear any legal liability for the transaction between the user and the provider of such merchandises or services. The user shall pay special attention to such advertisements.
Article 28 Storage and Security of Information and Restrictions on Services
QiHeShe will try its best to maintain the security and convenience of the services provided under the TOS, but will not be responsible for the deletion or storage failure of the information (including but not limited to the information released by users) in the service. QiHeShe reserves the right to determine whether the user's behavior conforms to the TOS. If the user violates the TOS, QiHeShe has the right to terminate the provision of services to the user as stipulated in the TOS.
Article 29 Game Data
1. Any data information generated and stored in QiHeShe server during the user's participation in the game, including but not limited to account data information, game character data information, level and object data information (except for the user's name, and other personal identity data information), which belongs to a part of the game software, is owned and managed by QiHeShe. The user has the right to modify and discard the data information belonging to the user account through proper channels on the premise of complying with the game rules.
2. QiHeShe has the right to arrange the splitting or merging of game servers according to the provision of products and services. In the case of no substantial damage to the rights and interests of the user in the game, QiHeShe has the right to transfer the user's game character information, game character files, etc. in the game to other game servers.
Article 30 Intellectual Property Rights and Authorization of Content Provided by the User
1. QiHeShe respects intellectual property rights and protects the rights of the user. In QiHeShe Game Service, The user may need to provide content to QiHeShe through uploading, releasing and other ways. In this case, the user still enjoys the complete intellectual property rights of such content.
2. The user hereby expressly agrees that while providing the above content, the user irrevocably grants QiHeShe and its affiliates a global and permanent free license to use, disseminate, copy, modify, sublicense, translate, publish, perform and display the content, and use the content to create derivative works.
Article 31 Other Commitments
1. For the avoidance of disputes, the user agrees that the data stored in QiHeShe server should be used as the judgment standard for data and technical issues involved in the TOS. QiHeShe ensures the authenticity of the data.
2. The titles of all terms of the TOS have no practical meanings and are provided to facilitate the reading only, so they cannot serve as the bases for interpretation of the TOS and the meanings of related terms. If any term and condition of the TOS is judged to be invalid or unenforceable in whole or in part for any reason, the other terms and conditions of the TOS shall remain valid and enforceable.
3. QiHeShe’s non-exercise, failure to exercise in a timely manner or failure to fully exercise the rights under the TOS or specified by law shall not be deemed as a waiver of such rights, nor shall it affect the exercise of such rights by QiHeShe in the future.
Article 32 JURISDICTION AND APPLICABLE LAW
1. THE CONCLUSION, PERFORMANCE AND INTERPRETATION OF THE TOS AND RESOLUTION OF DISPUTES IN CONNECTION HEREWITH SHALL BE GOVERNED BY THE LAWS OF CHINA (EXCLUDING THE APPLICABLE CONFLICT OF LAW RULES).
2. IN THE EVENT OF ANY DISPUTES (INCLUDING BUT NOT LIMITED TO DISPUTES OVER CONTRACT OR OTHER PROPERTY RIGHTS AND INTERESTS) ARISING FROM THE CONTENT OR IMPLEMENTATION OF THE TOS, BOTH PARTIES SHALL SETTLE SUCH DISPUTE THROUGH AMICABLE NEGOTIATION.
3. YOU AND QiHeShe AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. MOREOVER, IF THE DISPUTE OF THE PARTIES IS RESOLVED THROUGH ARBITRATION, THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Article 33 Contact us
If you have any suggestions or questions, you can submit your opinions to our email address: cs_bookofyog@qq.com
IF YOU ARE UNDER THE AGE OF 18 (OR OTHER LEGAL AGE DEFINED AS AN ADULT IN YOUR JURISDICTION), PLEASE READ THE TOS WITH YOUR LEGAL GUARDIAN(S) AND PAY CLOSE ATTENTION TO PROVISIONS REGARDING MINORS.
IMPORTANT NOTES:
WELCOME TO CHOOSE HangZhou QiHeShe Technology Co.Ltd (HEREINAFTER REFERRED TO AS “QiHeShe”). TO USE QiHeShe SERVICES, YOU SHALL READ AND ABIDE BY THE QiHeShe TERMS OF SERVICE (HEREINAFTER REFERRED TO AS THE “TOS”). PLEASE BE SURE TO CAREFULLY READ AND FULLY UNDERSTAND THE CONTENT OF EACH CLAUSE, ESPECIALLY THOSE INVOLVING WAIVER OR RESTRICTION OF LIABILITIES, TERMS OF JURISDICTION, APPLICABLE LAWS, AND SEPARATE TOSS ON THE PROVISION OR USE OF A CERTAIN SERVICE. CLAUSES INVOLVING WAIVER OR RESTRICTION OR LIABILITIES, AND/OR THOSE INVOLVING YOUR MAJOR RIGHTS AND INTERESTS MAY BE IN BOLD FOR YOUR ATTENTION.
UNLESS YOU HAVE READ, FULLY UNDERSTOOD AND ACCEPTED ALL THE TERMS AND CONDITIONS OF THE TOS, YOU HAVE NO RIGHT TO USE QiHeShe SERVICES. IF YOU USE QiHeShe SERVICES OR ACCEPT THE TOS IN ANY OTHER EXPRESS OR IMPLIED MANNER, IT SHALL BE DEEMED THAT YOU HAVE READ AND AGREED TO ENTER INTO THE TOS. THE TOS SHALL COME INTO LEGAL EFFECT BETWEEN YOU AND QiHeShe AND CONSTITUTE A LEGAL DOCUMENT BINDING ON BOTH PARTIES.
QiHeShe will use your personal privacy according to the Privacy Policy on the page of Privacy Policy.
Article 1 Signatories to the TOS
The TOS is signed by and between the following parties:
1. QiHeShe may provide you with Game Service through the websites and platforms of its own and its partners, such as STEAM.
2. You, also referred to as “player(s)” or “user(s)”, refers to any natural person who is authorized to install and use QiHeShe Game Software or enjoy QiHeShe Game Service after obtaining the permission of QiHeShe for non-commercial use through legal channels provided by QiHeShe.
Article 2 Definitions and Description
Unless otherwise stated, the following words have the following meanings:
1. QiHeShe Game Software: refers to the game software provided by QiHeShe (including any suitable version that can be operated on PC or micro terminals or web pages), as well as updates, upgrades, patches, data sheets, etc. related to such game software. It may include related web servers, websites, electronic media, printed materials or electronic documents, and so forth.
2. QiHeShe Game Service: refers to all the online operation services regarding the above-mentioned QiHeShe Game Software provided by QiHeShe to you, including QiHeShe Game Software itself.
3. Virtual item: refers to an in-game item designed by QiHeShe to meet the normal transaction exchange needs of players in QiHeShe Game Service. It is obtained through legal currency exchange and other means. It can be used to exchange various Virtual items specified in the game, and is limited to use and circulation in specific games, such as diamonds, gold coins, heroes, pets and other game props.
4. Warning: It refers to the educational guidance provided to users who violate the game rules. It is a means for the normal management of the game operation.
5. Muting: Shut down some or all chat channels of rule - breaking users and force - suspend their online conversation functions, making it impossible for their accounts to communicate with others until the penalty expires or is cancelled.
6. Temporary freezing of gameplay: Restrict the game characters of rule - violating users by limiting certain in - game operations until the expiration or cancellation of this penalty.
7. Permanent freezing of gameplay: Restrict the game characters of rule - violating users by limiting certain in - game operations, and such restrictions shall never be lifted or released.
8. Temporary banning of login: The accounts of users who violate the rules will be temporarily unable to log in to one or more games provided by us within a certain period. This restriction will remain in effect until the expiration or cancellation of this penalty.
9. Permanent banning of login: The accounts of users who violate the rules will be permanently prohibited from logging in to use our game services.
10. Forcing to go offline: Compel users who violate the rules to leave the current game and terminate the execution of the user's current game program.
11. Banning of account: Suspend or permanently revoke the right of rule - violating users to log in to our game services with their game accounts.
12. File Deletion: Delete the character files of users who violate the rules from the game world, ensuring that such characters no longer appear in the game environment.
13. Bearing legal responsibilities: In the event that a user's improper actions cause harm to others or our side, or contravene existing laws, the rule - violating user shall assume corresponding civil, administrative, or criminal liability in accordance with the law.
14. Dissolution of organizations: Dissolve organizations such as gangs, guilds, and factions established by users in the game world.
15. Modifying of nicknames: Force the modification of the names of users' game characters, teams, etc.
16. Temporary restricting of game behaviors: The accounts of users who violate the rules will have restricted access to some game services for a certain period of time.
17. Other punishment measures: Including but not limited to confiscating unjust benefits (such as in-game virtual items obtained by users through improper means), deducting values (including but not limited to experience points), etc.
18. Plug-ins: These refer to all programs that are independent of the game software and can affect in - game operations while the game is running. This includes, but is not limited to, programs that simulate user operations, alter the operating environment, modify data, and all other types.
19. Game bug: It refers to the loopholes or unreasonable phenomena existing in the game system, program, settings, etc.
20. Unauthorized Third-Party Software: It refers to any files or programs that can be used to gain an advantage in the game but are not part of the corresponding game software. This includes cheating plug-ins and related assisting plug-ins (including but not limited to software, programs, devices, etc. that can achieve effects such as automatic leveling up, automatic grinding, automatic quest completion, acceleration, showing blood in battles, or other operations beyond the scope of the game settings).
21. Fraud: It refers to the act of obtaining others' in-game virtual items or other property by means of false promises, fabricating facts, concealing the truth, deliberately misleading, impersonating others, deliberately confusing, etc. with the purpose of illegal possession. Fraudulent acts in the game include fraud by using similar nicknames, impersonating friends, impersonating the official, and other forms.
Article 3 Statement of Intellectual Property Rights
1. QiHeShe owns all the legitimate rights and interests of QiHeShe Game Software according to law (including but not limited to the intellectual property rights such as computer software copyright, art works copyright and patent rights involved therein, the rights to operate such QiHeShe Game Software, etc.), or has obtained legal authorization from the legal right holders, thus having the right to provide QiHeShe Game Software and QiHeShe Game Service to the user.
2. The texts and LOGOs (graphics) of “QiHeShe” embodied in QiHeShe Game Service, as well as the texts and LOGOs (graphics) used in specific services to identify the service names and sources (including but not limited to the names, LOGOs and ICONs of QiHeShe Game Service and QiHeShe Game Software developers, etc.), are trademarks or registered trademarks of QiHeShe and/or its affiliates.
3. QiHeShe Game Service may involve the intellectual property rights of a third party. If a third party proposes some requirements for using these intellectual property rights in QiHeShe Game Service, QiHeShe will inform you of these requirements in an appropriate manner and you shall comply with these requirements.
4. All rights not expressly granted to you in the TOS are reserved by QiHeShe.
Article 4 License and Limitations on Use of QiHeShe Game Software
1. On the premise that the user agrees to accept all the clauses of the TOS, QiHeShe agrees to grant the user the right to use the QiHeShe Game Software and QiHeShe Game Service for non-commercial purpose in a revocable, changeable, non-proprietary, non-transferable and non-sublicensable manner. The user can play QiHeShe Game Software on a computer terminal for personal use within the scope of authorization and enjoy the services provided by QiHeShe.
QiHeShe license granted to the user under the TOS is for personal use. If the user needs to use QiHeShe Game Software and QiHeShe Game Service outside the scope of personal use or for any commercial purpose, the user shall contact QiHeShe to obtain additional authorization. Any use, access, display, operation, commercial use and other acts without permission of QiHeShe will constitute infringement on QiHeShe.
2. UNLESS OTHERWISE AGREED IN THE TOS, THE USER SHALL NOT CARRY OUT THE FOLLOWING ACTS (WHETHER FOR PROFIT OR NOT) WITHOUT THE PRIOR WRITTEN CONSENT OF QiHeShe:
(1) Copying, translating, de-compiling, disassembling, communicating and displaying all or part of programs, user manuals and other graphic and audio data of QiHeShe Game Software, or reverse engineering any function or program of QiHeShe Game Software.
(2) Publicly displaying and playing all or part of the contents of QiHeShe Game Software/QiHeShe Game Service.
(3) Leasing and selling QiHeShe Game Software or using QiHeShe Game Software to engage in any profit-making activities.
(4) Modifying or covering up the service name, company logo, trademark (or) copyright information, other statements of intellectual property rights and so forth on the programs, images, animations, packages and manuals of QiHeShe Game Software.
(5) Other acts in violation of the Trademark Law, the Copyright Law, the Regulations on Computer Software Protection, relevant laws and regulations and international treaties.
3. You fully understand and agree that: in order to better provide users with QiHeShe game services, QiHeShe has the right to adjust, update, or optimize the game-related content including, but not limited to, the game version,the game characters,game equipment and other game props.
Article 5 Policy Charging
1. QiHeShe has the right to determine the charging methods and standards for QiHeShe Game Software and QiHeShe Game Service. QiHeShe has the right to determine different charging methods and standards for QiHeShe Game Software and QiHeShe Game Service at different stages, and QiHeShe has the right to adjust charging policies as needed. Major adjustments will be notified to you in advance (in-site letter, email, etc.)
2. Specific charging methods and standards, including but not limited to the charging standards for QiHeShe Game Software and the usage rights of Virtual items and value-added services (if any), etc., all will be published by QiHeShe in a form common to the PC game industry via Virtual item shops, prop purchase interfaces and other game modules.
3. THE USER IS OBLIGED TO READ INSTRUCTIONS CAREFULLY BEFORE SELECTING. ONCE THE USER CHOOSES TO USE THE QiHeShe GAME SOFTWARE TO BE CHARGED, PURCHASE THE USAGE RIGHTS OF RELATED OBJECTS OR ACCEPT RELATED SERVICES, THE USER SHALL BE DEEMED TO FULLY UNDERSTAND AND ACCEPT THE CORRESPONDING CHARGING METHODS AND CHARGING STANDARDS. IF THE USER PURCHASES THE PRODUCTS AND SERVICES OF QiHeShe NOT IN ACCORDANCE WITH THE CHARGING POLICY DETERMINED BY QiHeShe, QiHeShe CAN IMMEDIATELY STOP THE PROVISION OF PRODUCTS AND SERVICES TO THE USER.
Article 6 BILLING, PAYMENT AND OTHERS
1. Payment Authorization
(1) When you provide payment information to us or to one of our payment processors, you represent to QiHeShe that you are the authorized user of the credit card, PayPal or account associated with that payment, and you authorize us to charge your credit card or to process your payment with the chosen third-party payment processor for any purchase or other fees incurred by you.
(2) You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to order or purchase items at prices not applicable to your location, or for any other purpose. Failure to do so means QiHeShe may terminate your access to your Account.
2. Responsibility for Charges Associated with Your Account
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone else using your Account, including your family members or friends. If you cancel your Account, QiHeShe reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before QiHeShe will allow you to register again.
3. Refunds and Rights of Withdrawal
(1) IF QiHeShe PROVIDES YOU WITH PAID GAMING SERVICES IN ACCORDANCE WITH THE TOS,YOU KNOW AND AGREE THAT DUE TO THE SPECIAL NATURE OF VIRTUAL ITEMS, NO REFUNDS ARE AVAILABLE UNLESS THERE ARE SPECIAL REGULATIONS IN YOUR REGION.
(2) FOR EUROPEAN UNION AND UNITED KINGDOM CONSUMERS. UNDER THE LAW, YOU HAVE AN AUTOMATIC STATUTORY RIGHT OF WITHDRAWAL FROM CONTRACTS FOR PURCHASES OF DIGITAL CONTENT, SUCH AS PC GAME OR WEB PAGE GAMES. HOWEVER, WHEN YOU PURCHASE DIGITAL CONTENT WITH QiHeShe, YOU AGREE THAT THE DIGITAL CONTENT WILL BE AVAILABLE TO YOU IMMEDIATELY, AND YOU ACKNOWLEDGE THAT, AS A RESULT, YOU WAIVE YOUR AUTOMATIC STATUTORY RIGHT OF WITHDRAWAL.
(3) YOU AGREE AND ACKNOWLEDGE THAT, ACCORDING TO THE PROVISIONS OF THIS AGREEMENT, DUE TO THE SPECIAL NATURE OF VIRTUAL ITEMS, ANY FEES PAID BY THE USER TO QiHeShe WILL NOT BE REFUNDED.
For details, please consult our customer service or contact the game platform.
Article 7 Virtual item
1. Virtual item include but are not limited to characters, resources, items in the game, and their ownership belongs to QiHeShe.
2. FOR EACH OF VIRTUAL ITEMS, IF THERE IS NO ANY SPECIAL MARK FOR ITS SERVICE LIFE, THE USER CAN PERSIST IN USING IT AFTER OBTAINING THE USAGE RIGHT IN DEFAULT UNTIL THE CORRESPONDING QiHeShe GAME SERVICE IS TERMINATED; IF THERE IS A SPECIAL MARK FOR ITS SERVICE LIFE OR RULES INDICATING THE ITEM'S DROP CONDITIONS, THE SERVICE LIFE SHALL BE SUBJECT TO THE SPECIAL MARK OR RULES. USERS ARE ADVISED TO PAY SPECIAL ATTENTION THAT IF THE SERVICE LIFE EXPIRES OR THE ITEM DROPS, QiHeShe RESERVES THE RIGHT TO RECLAIM THE USAGE RIGHT ACCORDING TO THE GAME RULES WITHOUT ADDITIONAL NOTICE TO THE USER (THE SERVICE LIFE SHALL NOT BE INTERRUPTED OR SUSPENDED FOR ANY REASON).
3. IF THE USER'S GAME CHARACTER IS DELETED OR RETREATED, AND OBJECTS OR CURRENCIES ARE LOST DUE TO NETWORK PROBLEMS, PERSONAL OPERATION PROBLEMS AND OTHER REASONS NOT ATTRIBUTABLE TO QiHeShe, QiHeShe NEED NOT BEAR ANY RESPONSIBILITY.
Article 8 Registration, Use and Custody of User Accounts
1. Use and Custody of User Account
(1) According to the stipulations of essential clauses, QiHeShe has the right to shall actively take reasonable measures regarding technology and management to ensure the safety and validity of the user account; you are obliged to properly keep your user account and password and use them correctly and safely. If either party fails to fulfill the above obligations, resulting in loss of the user account password, theft of the user account, and other circumstances that cause damage to your or other person's civil rights, the party shall bear the legal liability arising therefrom.
(2) You shall enjoy corresponding rights by law and bear the responsibility for the acts arising from the user account held by you. QiHeShe specially reminds players:
QiHeShe does not support transaction and sharing of user accounts. QiHeShe does not provide any support or guarantee for any problems arising from the transaction and sharing of user accounts. QiHeShe will not handle and will not bear any responsibility for any account disputes arising from the transaction and sharing of user accounts, such as fraudulent/theft of accounts and destruction of props. Transaction and sharing of user accounts are likely to bring losses to players. In order to avoid such incidents, the players shall cherish your own user accounts and never trade and share the user accounts. Meanwhile, for the safety of your user account, please note:
① Do not trust any information other than official information of QiHeShe, such as activities, plug-ins, accelerators, award winning information and award winning websites.
② QiHeShe will not cooperate with any third-party trading platform for transaction of user accounts, nor will it acquire user account and password from players;
③ It is suggested that the player bind your user account according to the prompts of QiHeShe. If the user account is abnormal, password shall be changed in time to avoid unnecessary losses.
(3) Once the user account or password is found to have been illegally used by others or used abnormally, you shall timely handle the case according to the method announced by the account service provider, and have the right to timely notify the QiHeShe Game Service provider to take measures to suspend the login and use of the user account.
(4) QiHeShe shall require the user to provide and verify valid personal identity information or proof consistent with the registered identity information if it takes measures to suspend the login and use of the user account based on the user's notification.
(5) If QiHeShe verifies that the valid personal identity information or proof provided by the user is not consistent with the registered identity information, measures shall be taken timely to suspend the login and use of the user account.
(6) If QiHeShe fails to take timely measures to suspend the login and use of the user account in accordance with the preceding paragraph (5), thus causing losses to the user, QiHeShe shall bear corresponding legal responsibilities.
(7) If the user does not provide valid personal identity information or proof, or if the valid personal identity information or proof provided by the user is inconsistent with the registered identity information, QiHeShe has the right to refuse the above request of the user.
(8) If the user does not log into the game for a long time (typically 150 days or more), and the user account does not fulfill the conditions for retaining, QiHeShe has the right to delete the user account and any records of the user account from the game database(including but not limited to the game character, level, objects, value-added service token, etc.). The deleted data information cannot be recovered again. Before doing delete, QiHeShe will publishes an announcement about account deletion and the conditions for retaining accounts thirty days in advance.
Article 9 Protection and Collection of User Information
When QiHeShe requests the user to provide personal identity information, relevant privacy protection policies and personal information utilization policies shall be disclosed to the user in a clear and conspicuous way in advance, and necessary measures shall be taken to protect the safety of the user's personal information.
In order to protect the privacy of the user and regulate the use of the user's personal information, QiHeShe has formulated the Privacy Policy. The user is requested to read the contents of the policy carefully.
Article 10 Obligations of QiHeShe
1. QiHeShe shall agree to provide the user with QiHeShe Game Service via the PC according to the TOS.
2. QiHeShe shall save the recharge record of in-game currency for 180 days from the date of recharge by the user.
3. In the process of using the in-game currency of QiHeShe , the user has the right to request QiHeShe to assist in obtaining the in-game currency recharge record and transfer record. QiHeShe shall request the user to provide and verify the valid personal identity information or proof consistent with the user's registered information. If QiHeShe verifies that the valid personal identity information or proof provided by the user is consistent with the registered identity information, QiHeShe shall assist in providing such records. If the user does not provide valid personal identity information or proof, or the valid personal identity information or proof provided by the user is inconsistent with the registered identity information, QiHeShe has the right to refuse the user's request.
Article 11 Obligations of Users
1. The user shall have self-provided equipment necessary for surfing the Internet, including but not limited to computers, wireless routers or other necessary surfing devices.
2. The user shall bear the charges for telecommunication and internet related to this service.
3. The user shall abide by the provisions of the TOS and other relevant rules and regulations (including but not limited to the service terms on QiHeShe account agreed by the user and the rules published by QiHeShe in the game, etc.) .
4. Unless otherwise agreed upon with QiHeShe , you agree that the services under the TOS are only for your personal, non-commercial use.
5. You shall use services in a manner defined or approved by QiHeShe . The rights available to you under the TOS shall not be transferable.
6. You shall not use any plug-in, add-on or third-party tool not authorized by QiHeShe to interfere with, destroy, modify, or exert other influence on the services under the TOS.
7. If QiHeShe has reason to believe that your conduct is or may be in violation of the aforementioned, QiHeShe may, at its sole discretion, suspend or terminate Services without a prior notice, and pursue legal actions. If there are special laws and regulations in the area where you are located, such laws and regulations shall prevail.
8. When you use QiHeShe Services, you promise to abide by the local laws and regulations, and you shall not use the service to engage in illegal activity.
9. If iHeShe discovers or is informed that the information you posted or published is in violation of the TOS or the laws, QiHeShe has the right to decide at its sole discretion and take technical measures to delete, block or disconnect relevant links to the information. Additionally, QiHeShe has the right to take measures as appropriate, including but not limited to suspending or terminating services, restricting, suspending or terminating your account, and you shall bear full responsibility solely (including but not limited to property damages, reputational damage, legal fees, attorney fees, notarization fees, transportation fees, and other reasonable expenses).
10. You shall refrain from involving QiHeShe in any political or public incident when you use any service hereunder; otherwise QiHeShe has the right to suspend or terminate such service provided to you.
Article 12 Improper Game Behaviors
1. The user shall bear the responsibilities for the information published by himself. In particular, the user shall not publish the following contents:
(1) spreading obscenity, porn, gambling, violence, murder and terror or abetting a crime;
(2) infringing upon the privacy of others, insulting or slandering others, or infringing upon the legitimate rights and interests of others;
(3) promoting or instigating the use of plug-ins, non-official servers and contents related to a Trojan horse program;
(4) containing the information related to nationality, race and religion;
(5) publishing any home page addresses or links including software, documents, etc. that are reasonably judged inappropriate by QiHeShe or not recognized by QiHeShe;
(6) containing other vulgar, harmful and offensive contents, or involving other contents prohibited by law.
2. The user shall not use QiHeShe Game Software and QiHeShe Game Service or participate in QiHeShe game activities through improper means or other unfair means.
3. ONCE THE USER IS VERIFIED TO IMPLEMENT THE ABOVE IMPROPER MEANS OR OTHER UNFAIR MEANS, QiHeShe HAS THE RIGHT TO TAKE ONE OR MORE PUNISHMENT MEASURES UNDER ARTICLE 15 OF THE TOS ACCORDING TO SPECIFIC CIRCUMSTANCES. IF THE CIRCUMSTANCES ARE SERIOUS, QiHeShe RESERVES THE RIGHT TO INVESTIGATE THE LEGAL RESPONSIBILITY OF THE USER.
4. The user shall agree to use the monitoring data in the game program as the basis for judging whether the user has cheated in the game by using plug-in programs and other methods.
Article 13 Interruption, Suspension and Termination of Services
1. Suspension and Termination of User Services
(1) QiHeShe shall immediately terminate the provision of services to the user if the user publishes illegal information, seriously violates social morality, and is subject to other acts in violation of laws and regulations.
(2) QiHeShe has the right to terminate the provision of services if the user is subject to any one of the acts listed in Article 12 of the TOS or other improper game behaviors while enjoying QiHeShe Game Service.
(3) QiHeShe has the right to suspend the provision of all or part of the services if the user provides false registered identity information or violates the TOS; the user shall be informed of the suspension measures taken by QiHeShe and the suspension period. The suspension period shall be reasonable. QiHeShe shall resume the provision of services to the user in time when the suspension period expires.
2. Interruption, Suspension and Termination of Game Server Operation
(1) QiHeShe needs to periodically stop the game server for maintenance or carry out emergency stop maintenance for emergencies for the purpose of normal operation of the game server; please understand the interruption and suspension of normal service caused by the above circumstances. QiHeShe is obliged to make the best to minimize the interruption duration.
QiHeShe has the right to terminate or interrupt all or part of the services provided by the game server under any one of the following circumstances.QiHeShe shall not assume any responsibility for any inconvenience or damage caused thereby to the user or the third party.Accordingly, we will choose to provide appropriate virtual prop compensation for relevant users according to the actual situation:
① Regular inspection or construction, update of software and hardware, etc. QiHeShe has the right to suspend the provision of services, but QiHeShe will complete maintenance and update as soon as possible;
② The game server is damaged and cannot operate normally;
③ Sudden failures in software and hardware equipment and electronic communication equipment;
④ Failures in the lines of the network provider or others;
⑤ In case of the emergency circumstances regulated by law or the circumstances for the personal security of the user and the third party;
⑥ The circumstances caused by the third party or other force majeure.
(2) QiHeShe reserves the right to terminate the provision of all or part of QiHeShe Game Service if it deems necessary，but advance notice will be given.
Regardless of the reason why QiHeShe Game Service is terminated, the user shall take corresponding measures to handle the Virtual items, including but not limited to canceling or stopping using the user account, Virtual items and other related matters. The user shall not require QiHeShe to assume any form of liability for indemnity or compensation including but not limited to the indemnity required due to impossibility to continue to use the user account, Virtual items, etc. EXCEPT: the in-game currency which has purchased but has not been used(except for free gifts, recharge gifts, etc.) due to complete termination QiHeShe Game Service.
Article 14 Special Description of Combat System
Specific QiHeShe Game Service may include a combat system in which users can freely fight with each other. For this type of QiHeShe Game Service with a combat system, once you “click accept” / “click next” , or register, start to use and/or continue to use the corresponding QiHeShe Game Software or QiHeShe Game Service, you will be deemed to agree to all free battle behaviors in the combat system and shall abide by the rules for free battle.
Article 15 Type and Definition of Punishments
If you violate the provisions of the TOS, in addition to the corresponding punishments according to other provisions, you may also bear one or more of the following penalties:
(1) Warning: It is only an educational guidance for the player who violates the rules of the game. It is a way for normal management of game operation.
(2) Muting: It means to close some or all chat channels of a violated player, and force to suspend the online conversation function of the player's user account so that the player cannot talk with other players until the punishment expires or is canceled.
(3) Temporary freezing of gameplay: It means to restrict the game characters of a violated player who violates the rules and restrict some game operations of the player until the punishment expires or is canceled.
(4) Permanent freezing of gameplay: It means to restrict the game characters of the violated player, restrict some game operations of the player. The gameplay will never be unfrozen or released.
(5) Temporary banning of login: The user account of a violated player will be temporarily unable to log into one or several games of QiHeShe for a certain period of time until the punishment expires or is canceled.
(6) Permanent banning of login: The user account of a violated player will never be able to log into one or several games of QiHeShe and enjoy QiHeShe Game Service.
(7) Forcing to go offline: It means to force a violated player to quit the current game and terminate the execution of the player's current game program.
(8) Banning of account: It means to suspend or permanently terminate the right of a violated player to log into QiHeShe Game Service with the game account.
(9) Dissolution of organizations: It means to dissolute the families, alliances, forces and other organizations established by a violated player.
(10) Modifying of nicknames: It means to make mandatory modifications to nicknames or names independently determined by a violated player, such as the names of the player's game character or alliance, space, etc.
(11) Temporary restricting of game behaviors: It means to restrict the user account of a violated player from using some game services within a certain period of time. For example, the transaction of the player's game characters and some game behaviors such as character upgrade and PK will be restricted within a certain period of time.
(12) Freezing of Virtual item: It means to restrict relevant functions of the Virtual items attached to the game character of a violated player, including but not limited to using, trading and giving such objects.
(13) Deduction of Virtual item: It means to deduct the Virtual items (included but not limited to) acquired by a violated player due to fraud or other irregularities.
(14) Deduction of parameters: It means to deduct the parameters of the game character, including but not limited to the game character level, currencies, experience, gold coins, diamonds, etc.
(15) Resetting: It means to permanently and irrevocably cancel or clear the objects, credits, levels and/or honors illegally acquired by the player.
(16) Banning of IP: It means to temporarily or permanently prohibit an illegal user from logging into a game server with abnormal IP.
(17) Bearing legal responsibilities: If the player's improper acts cause damage to others or QiHeShe or violates the current legal provisions, the violated player shall bear corresponding civil, administrative or criminal liabilities according to law.
(18) Other punishment measures: including but not limited to confiscation of illegitimate interests (e.g. Virtual items acquired by the player through illegitimate means), deleting of improper opinions, temporary interruption of services, etc.
IF QiHeShe TAKES SUCH PUNISHMENT MEASURES AS PERMANENT BANNING OF LOGIN, BANNING OF ACCOUNT,AND BANNING OF IP, THE PLAYER SHALL AGREE THAT QiHeShe WILL NOT RETURN ALL OBJECTS ATTACHED TO THE ACCOUNT (INCLUDING BUT NOT LIMITED TO DIAMONDS,GOLD COINS,HERO CHARACTERS,PETS AND OTHER GAME PROPS).
Article 16 Anti-Harassment Rules in Games
QiHeShe advocates players to be responsible for your own words and deeds, and play games in a civilized and healthy manner. The players will be punished according to the stipulations of this article in case of any one of the following conditions.
1. Pretending to be a system or the staff of QiHeShe : In the game, anyone who publishes or propagates false information to other players by pretending to be a system or the staff of QiHeShe through various means and behaviors may be punished as follows according to the situation: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; banning of account.
2. Illegal websites: In order to maintain cleanliness and harmony in the game world, anyone who publicizes illegal websites may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; banning of account.
3. Indecent words and deeds: In the game, anyone who publishes or propagates indecent words and deeds through various means and behaviors may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; forcing to go offline; temporary banning of login.
4. Spam advertisement information: Anyone, who propagates a large number of same and similar phrases or meaningless contents, as well as any information unrelated to the game (including but not limited to flooding the screen, etc.), or publishes or propagates any information that disparages, denigrates, maliciously attacks the game or QiHeShe or other false information, may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; forcing to go offline; temporary banning of login; permanent banning of login; banning of account; banning of IP.
5. Region cleavage: In the game, anyone who causes regional disputes through various ways or means may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; forcing to go offline; temporary banning of login; permanent banning of login; banning of account.
6. Real life information and personal intimidation: Any violence not directly related to the game world as well as any disclosure of information on the game world and real life of other players or QiHeShe staff may be punished as follows: muting; forcing to go offline; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; banning of account; banning of IP; bearing legal responsibilities.
7. Publicizing or using Trojan, plug-in, virus and other information: In the game, publishing or propagating and using Trojan, cheating tool, virus and other information through various ways and behaviors may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; forcing to go offline; banning of account; banning of IP; bearing legal responsibilities.
8. : In the game, publishing or propagating game boosting through various ways and behaviors may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; forcing to go offline; banning of account; banning of IP.
9. Publicizing the third-party recharging: In the game, publishing or propagating the third-party recharging information through various ways and behaviors may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; forcing to go offline; banning of account; banning of IP.
10. Publicizing or performing offline purchase: The player may purchase Virtual items only in the game or through the platform (if any) approved by QiHeShe . The user's relevant behaviors (including but not limited to the user's recharging or purchasing of objects in the game through a third party) of recharging or purchasing on other platforms not approved by QiHeShe in advance will be severely cracked down and punished by QiHeShe. Once such behaviors are verified, QiHeShe has the right to take various punishment measures according to the specific situation, including but not limited to one or more of the following: warning, muting, deduction of parameters, temporary freezing of Virtual items, deduction of Virtual items, temporary freezing of gameplay, permanent freezing of gameplay, forcing to go offline, banning of account, banning of IP, and other technical measures to prevent the user from conducting such behaviors; in severe cases, QiHeShe reserves the right to investigate the legal liability of the user. Moreover, QiHeShe will not protect any results of offline purchase, and any problems and disputes arising from offline purchase among users, including but not limited to the fraud of money or Virtual items by false purchase information, are irrelevant to QiHeShe. The user shall be responsible for such problems and disputes, and QiHeShe is not be responsible for compensation or losses resulted therefrom.
11. Publicizing or publishing illegal information, seriously violating the social morality: In the game, the player may be punished as follows for any violation of laws, ethics and the TOS: warning; muting; forcing to go offline; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; banning of account; banning of IP; bearing legal responsibilities.
12. Other harassment behaviors: In addition to the above circumstances in this Article, the player may be punished as follows for other harassment against laws and regulations or the TOS: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; forcing to go offline; banning of account; banning of IP; bearing legal responsibilities.
Article 17 Interactive Management Rules of Game Administrator (hereinafter referred to as “Service Personnel”)
1. We hope that the communication between the Service Personnel and the player is conducive to the player, but the player shall comply with relevant regulations. QiHeShe may impose punishment on the following behaviors:
(1) Abusing or viciously attacking the Service Personnel: In the game, verbal abuse or malicious attack on the Service Personnel is not allowed. Once found, QiHeShe may impose severe punishment on such behaviors.
(2) Disturbing the game order: In the game, QiHeShe may impose severe punishment on any of the following behaviors:
① Any malicious PK, site clearing, blackmail, etc.;
② Threatening or inciting other players to participate in abnormal game content (including but not limited to demonstration, mobbing, etc.);
2. In case of violating any item in Paragraph 1 of this Article, the player may be punished as follows: warning; muting; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; forcing to go offline; banning of account; banning of IP; temporary interruption of services; bearing legal responsibilities.
3. Retrieving the password: If the password is forgotten or lost, the player may collect relevant information of the password and try to contact the Service Personnel of QiHeShe for checking and processing.
Any Service Personnel and staff of QiHeShe will not ask for the password, security code and other information from the player in the game, so the player shall pay attention to identify similar cases to avoid unnecessary losses.
Article 18 Handling Rules for Using Game Bugs and Third-Party Software
1. Game bug refers to the vulnerability or unreasonable phenomenon in the game system, program, settings, etc.
No player is allowed to make profits or disturb the game order directly or indirectly by utilizing the game bugs, program vulnerabilities, game rule loophole etc., or to use the bugs, program vulnerabilities, game rule loophole vulnerabilities, etc., for personal purposes. Once such behaviors are verified (if any), the player may be punished as follows: confiscating of the improper benefits obtained directly or indirectly by utilizing the bugs in a game; deduction of parameters (including but not limited to XP); resetting; forcing to go offline; temporary freezing of gameplay; permanent freezing of gameplay; temporary banning of login; permanent banning of login; banning of account; banning of IP; bearing legal responsibilities.
2. Unauthorized third-party software refers to any file or program that can be used to gain advantages in the game, but is not a part of QiHeShe Game Software, including cheating plug-ins and related auxiliary plug-ins (including but not limited to automatic click, automatic upgrade, automatic leveling, automatic energy supplement, automatic accomplishment of task, acceleration, dot simulation, and other operations beyond the setting range of the game). Anyone who uses cheating plug-ins and related auxiliary plug-ins will be subject to severe punishment: confiscating of illegitimate benefits that the player has directly or indirectly acquired by using the third-party software in the game; deduction of parameters (including but not limited to XP); resetting; temporary freezing of gameplay; permanent freezing of gameplay; forcing to go offline; temporary banning of login; permanent banning of login; banning of account; banning of IP; bearing legal responsibilities.
Any external third-party software which is simultaneously used with QiHeShe Game Software may exert unfavorable impacts on the game. The main consequence of using external applications is that the data transmission will not be smooth, leaving the player to suffer from frequent disconnection or lagging. External application software is likely to make the player's computers, etc. to be infected by viruses, and invaded by spyware and other unknown programs. Third-party software may also steal information (e.g. account, password and other personal information) which the player stores in PCs.
3. Modifying the client refers to any behavior of changing the official version of the client published by QiHeShe in any way which changes, adds or reduces the pre-set functions QiHeShe or gives rise to abnormality in the data sent by the client to the server. It is a kind of cheating behavior. Once verified, QiHeShe will take severe punishment measures, including: confiscating of illegitimate benefits directly or indirectly obtained by the player using the client to play games; deduction of parameters (including but not limited to XP); resetting; temporary freezing of gameplay; permanent freezing of gameplay; forcing to go offline; temporary banning of login; permanent banning of login; banning of account; banning of IP; and bearing legal responsibilities.
Article 19 Handling Rules for Account Hacking and Account Hacking-related Behaviors
Once discovering any abnormal behavior or data of the player, QiHeShe is entitled to observe and record the player's behavior, and decide whether the player has violated the User Code of Conduct of the TOS based on the results of observation and record.
Account hacking and account hacking-related behaviors (including but not limited to hacking the user account, game data and personal information of the player, assisting the account hacker in operation and transfer of Virtual items, modifying and destructing Virtual item, transferring objects under an abnormal IP and other account hacking and account hacking-related behaviors) will be severely cracked down and punished by QiHeShe for the purpose of ensuring that players can enjoy the game and protecting their legitimate benefits from being infringed. Once verified to be true or as required by relevant authorities, QiHeShe has the right to take such punishment measures as temporary restricting of game behaviors, deduction of Virtual items, temporary banning of login, permanent banning of login and banning of account as the case may be. In severe circumstances, QiHeShe reserves the right to investigate the legal responsibilities of the player involved.
On condition that you did not actively participate in the account hacking, but the objects you've obtained are obtained by others through account hacking, and then transferred or assigned to you, in order to maintain the rights and interests of the player subject to hacking and the fair and just game order in the game, QiHeShe has the right to deduct such objects which you've purchased.
If you violates the User Code of Conduct in this article, QiHeShe further has the right to require the violated player to bear the liability to QiHeShe for breach of TOS, including but not limited to recovering to the original status, eliminating the impact and compensating direct and indirect loss or additional cost incurred to QiHeShe; moreover, QiHeShe has the right to recover from the violated player in case QiHeShe has undertaken the administrative punishment or tort compensatory responsibility due to the violated player's behavior.
In the process of verifying the player's account hacked, QiHeShe may request relevant player to assist in the investigation, including but not limited to investigation for banning of login, online communication, offline communication, etc. so as to investigate and deal with problems quickly.
Article 20 Handling Rules for Fraud in Game
Fraud in game refers to wangling other's objects or other properties in the game for the purpose of illegal possession in such ways as making a false promise, making up fictitious fact, concealing the truth, deliberately misleading, pretending to be others, deliberately confusing something. Fraud in game involves planning a fraud by taking a similar nickname, pretending to be a friend, pretending to be official and other forms.
Provided that the player commits fraud in game, we will take all kinds of measures according to the fraud circumstance of the player, including but not limited to one or more of the followings: deduction of Virtual items, deduction of parameters (including but not limited to XP), temporary freezing of gameplay, permanent freezing of gameplay, forcing to go offline, temporary banning of login, permanent banning of login and banning of account.
On condition that you did not actively participate in the fraud, but the objects you've obtained are obtained by others through fraud, and then transferred or assigned to you, in order to maintain the rights and interests of the player subject to fraud and the fair and just game order in the game, QiHeShe has the right to deduct such objects which you've purchased.
Article 21 Handling Rules for Recharge-related Dishonest Behaviors
In case of any misunderstanding, dissatisfaction, suggestion or other demand for QiHeShe Game Service after the user successfully recharges QiHeShe Game Service and obtains the use right of objects or value-added services (hereinafter referred to as "recharge income"), the user may inform QiHeShe at any time through the online customer service or send us an email. Dishonest behavior that the user still uses the recharge service after refund operation will be severely cracked down and punished by QiHeShe , including but not limited to one or more of the followings: warning, deduction of parameters, freezing or deduction of objects or value-added service, temporary freezing of gameplay, permanent freezing of gameplay, forcing to go offline, banning of account, banning of IP, and other technical measures to prevent the user from committing such behaviors; in severe circumstances, QiHeShe reserves the right to investigate the user's legal responsibilities.
QiHeShe will seriously deal with the user account involving recharging for other player and refunding of recharging for other player to maintain the normal operation of the game. The user account involving recharging for other player and refunding of recharging for other player is subject to one or more punishment measures in Article 15 - Type of Punishments under the TOS as the case may be. In severe circumstances, QiHeShe reserves the right to investigate the user's legal responsibilities. The user agrees to use the monitoring data in the QiHeShe game program as the basis to judge whether there is any behavior of recharging for other player and refunding of recharging for other player.
Article 22 Handling Rules for Data Exception
In case QiHeShe finds out abnormal user data or any illegal or other improper behavior, including but not limited to: (1) improvement of the game character data and the character ranking in the game through bug or in other abnormal way; (2) transaction not for the purpose of normal game entertainment and interaction; (3) abnormal transaction for the purpose of transferring Virtual items or improving the strength of a specific game character, (including but not limited to the purchase of the Virtual items that are not required for the game character, transaction of the Virtual items at an abnormal price, transaction of Virtual items among multiple game accounts controlled by the same player, etc.).
QiHeShe has the right to investigate and take corresponding measures, including but not limited to: (1) deleting of Virtual items; (2) confiscating of illegitimate benefits; (3) deduction of parameters or resetting; (4) muting; (5) temporary banning of login; (6) permanent banning of login; (7) temporary freezing of gameplay; (8) permanent freezing of gameplay; (9) forcing to go offline; (10) banning until the user account is deleted, etc. The user has no right to require QiHeShe to bear any responsibility for the above circumstance.
Article 23 Handling Rules for Behaviors of Seeking Illegitimate Benefits
The user promises not to engage in game behavior or transact objects for the purpose of seeking benefits, and any case of engaging in game behavior or transacting objects for the purpose of seeking benefits will be deemed to seek illegitimate benefits including but not limited to the following cases of the user:
(1) Register multiple user accounts and/or game character IDs to conduct game behaviors for seeking benefits;
(2) Engage in single or series output gameplay, and selling the obtained objects for seeking benefits(In the game, by purchasing auction house props at a high premium, both buyers and sellers will be regarded as profiting from offline sales of virtual items);
(3) Buy and sell objects on different servers for seeking benefits by exploiting the value difference of objects on different servers;
(4) Act as an intermediary agent of game account and object transaction and charging others for seeking benefits;
(5) Purchase user accounts or objects on trading platforms that are not provided or recognized by QiHeShe;
(6) Sell the objects obtained in the game for profit instead of focusing on the strength enhancement of the game character;
(7) Organize or participate in gambling, conduct or participate in any theft of other players' property or objects and other alleged criminal acts by means of any activities and contents in the game;
(8) Any other in-game profit-making behavior that does not aim at the normal interactive needs of game entertainment.
Meanwhile, QiHeShe has the right to take the following measures for the user who seeks illegitimate benefits: Deduction of parameters, deduction of Virtual items, temporary freezing of gameplay, permanent freezing of gameplay, forcing to go offline, temporary banning of login, permanent banning of login, banning of account, banning of IP and other technical measures which may be taken to prevent any user accounts (including but not limited to the accounts for obtaining, transferring and selling the Virtual items) involved in seeking illegitimate benefits. In severe cases, QiHeShe reserves the right to investigate the legal liability of such user.
Article 24 Protection Rules for Game Character
For any reported game character theft, hacking or any other abnormalities, or any game character theft, sharing, abusing or other abnormalities detected by QiHeShe, QiHeShe will conduct an investigation on your game character and take protective measures (including but not limited to temporary freezing of the game character) during the investigation as the case may be, so as to avoid the illegal infringement upon your game characters and Virtual items. Please submit relevant information according to the guidance of QiHeShe to cooperate with the investigation, so as to remove the protective measures from your game character as soon as possible.
Article 25 Compensation for Damages
If any violation of the user in the game causes damage to QiHeShe or a third party, the user shall bear the corresponding legal liability, and QiHeShe has the right to take all reasonable actions against the imposed damage, including but not limited to the deduction of Virtual items. QiHeShe also has the right to reclaim the amount of loss and ask the user to bear the reasonable cost resulted therefrom, including but not limited to authentication fee, etc.
Article 26 Disclaimer
1. QiHeShe SHALL NOT BE LIABLE FOR THE FOLLOWING ASPECTS UNDER THE TOS: THE FAILURE OF FIXED AND MOBILE COMMUNICATION NETWORKS PROVIDED BY DOMESTIC AND OVERSEAS INFRASTRUCTURE TELECOMMUNICATION OPERATORS INVOLVED IN THE TOS, VARIOUS TECHNICAL DEFECTS, COVERAGE RESTRICTIONS, FORCE MAJEURE, COMPUTER VIRUSES, HACKER ATTACKS, PLAYER'S LOCATION, PLAYER'S SHUTDOWN, PARTNER FACTORS, OTHER INTENTIONAL OR NEGLIGENT ACTS, OR OTHER PROBLEMS BEYOND THE TECHNICAL CAPABILITIES OF QiHeShe INCLUDING SERVICE INTERRUPTION, LOSS OF DATA OR SMS SENT BY PLAYERS, OCCURRENCE OF UNREADABLE CODE, WRONG RECEPTION, INABILITY TO RECEIVE, DELAYED RECEPTION, ETC.
2. IN CASE OF SYSTEM FAILURE, SECURITY VULNERABILITY, BUG AND ERROR, QiHeShe HAS THE RIGHT TO RESTORE THE GAME DATA TO THE SETTINGS OF A PREDEFINED DATE TO MAINTAIN THE BALANCE OF THE GAME. THE PLAYER SHALL NOT CLAIM ANY COMPENSATION OR INDEMNITY FOR THIS.ACCORDINGLY, WE WILL CHOOSE TO PROVIDE APPROPRIATE VIRTUAL PROP COMPENSATION FOR RELEVANT USERS ACCORDING TO THE ACTUAL SITUATION.
3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QiHeShe SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, ACCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PRIVACY DISCLOSURE, ANY LIABILITY FOR FAILURE TO PERFORM ANY DUTY INCLUDING GOOD FAITH OR REASONABLE CARE, DAMAGES FOR NEGLIGENCE AND FOR ANY OTHER MONETARY OR OTHER LOSS) CAUSED BY THE USE OF QiHeShe’s PRODUCTS AND SERVICES BY THE PLAYER, WHICH MAY COME FROM THE IMPROPER USE OF THE PRODUCTS AND SERVICES BY THE PLAYER OR OTHERS, THE PURCHASE OF MERCHANDISES OR SIMILAR SERVICES ON THE INTERNET, THE TRANSACTION ON THE INTERNET, THE ILLEGAL USE OF THE SERVICES OR ANY CHANGE TO THE PLAYER’S INFORMATION TRANSMITTED. THE PLAYER UNDERSTANDS AND AGREES THAT THE TOTAL LIABILITY OF QiHeShe SHALL NOT EXCEED THE TOTAL EXPENSES PAID BY THE PLAYER TO QiHeShe WITHIN SIX MONTHS BEFORE THE DATE OF THE CLAIM, REGARDLESS OF THE CAUSE OF CLAIM BEING BREACH OF CONTRACT, TORT LIABILITY OR OTHER REASONS.
4. ANY CONSEQUENCE CAUSED BY THE PLAYER'S PERSONAL MISTAKE, ERROR OR IMPROPER OPERATION SHALL BE BORNE BY THE PLAYER, AND QiHeShe WILL NOT MAKE ANY COMPENSATION OR INDEMNITY.
Article 27 Links and Advertising Information
All links provided by QiHeShe in the game may be linked to the websites of other individuals, companies or organizations. The purpose of providing such websites is to facilitate users to search or obtain relevant information by themselves. QiHeShe does not guarantee the authenticity, integrity, timeliness or credibility of the products, services or information provided by the websites of the linked individual, company or organization. There is no employment, appointment, agency, partnership or other similar relationship between these individuals, companies or organizations and QiHeShe.
QiHeShe may publish commercial advertisements or other information on promotional activities in the game. These advertisements or promotional activities are provided by advertisers or commercial service providers who shall bear the corresponding responsibility. QiHeShe only provides the media for publishing content. For the merchandises or services purchased by the user through such linked websites or advertisements, the transaction will be established only between the user and the provider of such merchandises or services. QiHeShe will not be involved in such transaction and will not bear any legal liability for the transaction between the user and the provider of such merchandises or services. The user shall pay special attention to such advertisements.
Article 28 Storage and Security of Information and Restrictions on Services
QiHeShe will try its best to maintain the security and convenience of the services provided under the TOS, but will not be responsible for the deletion or storage failure of the information (including but not limited to the information released by users) in the service. QiHeShe reserves the right to determine whether the user's behavior conforms to the TOS. If the user violates the TOS, QiHeShe has the right to terminate the provision of services to the user as stipulated in the TOS.
Article 29 Game Data
1. Any data information generated and stored in QiHeShe server during the user's participation in the game, including but not limited to account data information, game character data information, level and object data information (except for the user's name, and other personal identity data information), which belongs to a part of the game software, is owned and managed by QiHeShe. The user has the right to modify and discard the data information belonging to the user account through proper channels on the premise of complying with the game rules.
2. QiHeShe has the right to arrange the splitting or merging of game servers according to the provision of products and services. In the case of no substantial damage to the rights and interests of the user in the game, QiHeShe has the right to transfer the user's game character information, game character files, etc. in the game to other game servers.
Article 30 Intellectual Property Rights and Authorization of Content Provided by the User
1. QiHeShe respects intellectual property rights and protects the rights of the user. In QiHeShe Game Service, The user may need to provide content to QiHeShe through uploading, releasing and other ways. In this case, the user still enjoys the complete intellectual property rights of such content.
2. The user hereby expressly agrees that while providing the above content, the user irrevocably grants QiHeShe and its affiliates a global and permanent free license to use, disseminate, copy, modify, sublicense, translate, publish, perform and display the content, and use the content to create derivative works.
Article 31 Other Commitments
1. For the avoidance of disputes, the user agrees that the data stored in QiHeShe server should be used as the judgment standard for data and technical issues involved in the TOS. QiHeShe ensures the authenticity of the data.
2. The titles of all terms of the TOS have no practical meanings and are provided to facilitate the reading only, so they cannot serve as the bases for interpretation of the TOS and the meanings of related terms. If any term and condition of the TOS is judged to be invalid or unenforceable in whole or in part for any reason, the other terms and conditions of the TOS shall remain valid and enforceable.
3. QiHeShe’s non-exercise, failure to exercise in a timely manner or failure to fully exercise the rights under the TOS or specified by law shall not be deemed as a waiver of such rights, nor shall it affect the exercise of such rights by QiHeShe in the future.
Article 32 JURISDICTION AND APPLICABLE LAW
1. THE CONCLUSION, PERFORMANCE AND INTERPRETATION OF THE TOS AND RESOLUTION OF DISPUTES IN CONNECTION HEREWITH SHALL BE GOVERNED BY THE LAWS OF CHINA (EXCLUDING THE APPLICABLE CONFLICT OF LAW RULES).
2. IN THE EVENT OF ANY DISPUTES (INCLUDING BUT NOT LIMITED TO DISPUTES OVER CONTRACT OR OTHER PROPERTY RIGHTS AND INTERESTS) ARISING FROM THE CONTENT OR IMPLEMENTATION OF THE TOS, BOTH PARTIES SHALL SETTLE SUCH DISPUTE THROUGH AMICABLE NEGOTIATION.
3. YOU AND QiHeShe AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. MOREOVER, IF THE DISPUTE OF THE PARTIES IS RESOLVED THROUGH ARBITRATION, THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Article 33 Contact us
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