USER AGREEMENT


1 About these terms

1.1 This agreement is entered into by and between you ("you" or "your") and NetEase along with its representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents (collectively "NetEase", "we", "us" or "our") in relation to our games and any related services, such as websites and mobile applications (together our "Game" or "Games"). You agree that by accessing and/or playing our Games, you are agreeing to these User Agreement and our Privacy Policy. Note that other NetEase websites, games, products and related services have their own User Agreement separate and apart from these Terms.

In addition, when using particular Games, you may be subject to any posted guidelines or rules applicable to such Games which may be posted from time to time. NetEase may introduce new games from time to time and all these Games shall be subjected to these Terms.

1.2 We can make changes to this agreement or Privacy Policy from time to time. If you do not want to accept the changes, you may stop using our Games. Otherwise, your continued use of our Games shall confirm your acceptance of the updated agreement or Privacy Policy.

1.3 Both you and the NetEase agree, with the limited exceptions noted below, to resolve all disputes between you and us through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

1.4 YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.


2 Access

2.1 You are responsible for obtaining and maintaining necessary devices for playing our Games, including but not limited to mobile phones and pads'and for device fees, including but not limited to Internet fees, flow fees and electricity fees. You recognize that these fees are paid to third parties not relevant to this agreement and shall not incur any liability of us under this agreement.

2.2 We have the right to modify our Games from time to time, which may block access to the Games for a period of time, or terminate this agreement, which means that you cannot play any of our Games any more, for any reason or no reason, with or without notice. We are not liable for any loss incurred by such modification or termination.


3 Accounts

3.1 You shall establish an account with your true, accurate and complete personal information, and make sure that the personal information provided is up to date. If it is necessary for you to revise the personal information after you establish the account, please update your profile.

3.2 Subject to the laws of your country of residence, minor children may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward (collectively, your "Child") to use an account, you hereby agree to this agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you.

3.3 You agree that you shall make necessary efforts to protect your account information and keep it confidential. You agree that you may not share your account with anyone, subject to Section 3.2.

3.4 If you fail to keep your account information confidential, or if you share your account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.

3.5 Any and all risks of an unauthorized use of your account shall be solely born by yourself. We are not responsible for any loss or damage incurred by the unauthorized use.

3.6 If we terminate this agreement in accordance with Section 2.2 above, we may delete your account with any and all records of your account in the game database, including but not limited to roles, levels, scores, Virtual Goods and/or Virtual Money (as defined below). These records are inaccessible by you after the deletion as they are unrecoverable. We will not refund you in the event of such a deletion.


4 Virtual Goods and Virtual Money

4.1 Our Games may include virtual currencies such as coins, gold coins and points ("Virtual Money") or items or services for use with our Games ("Virtual Goods"). You can buy Virtual Money or Virtual Goods from us for real money if you are at least eighteen (18) years old.

4.2 We have the ownership of any and all Virtual Goods and Virtual Money. You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable license to use them without expectation of any stored value of them.

4.3 Virtual Goods and Virtual Money can be used for so long as we operate a Game unless specially marked with duration or maximum charges. We may revoke the license to use them anytime if the duration expires or the maximum charges are reached. The duration will not be interrupted or paused for any reason.

4.4 When you purchase Virtual Goods and Virtual Money, you shall be careful with special marks. If they are marked with "unmarketable" or "binding", you may not transfer the Virtual Good or Virtual Money in any way once you purchase it, including but not limited to transaction, gift and exchange; if they are not marked with any special marks, you may transfer the Virtual Goods and Virtual Money by transaction, gift or exchange after you purchase them.

4.5 You may not makes transactions of Virtual Goods or Virtual Money in any way once you purchase it, nor may you exchange Virtual Goods or Virtual Money for real money, goods or service. We may take actions against accounts, Virtual Goods or Virtual Money involved in transactions, or in exchanging Virtual Goods and Virtual Money for real money, goods or service, including but not limited to legal actions against you in the real world.

4.6 You agree that all sales by us to you of Virtual Money and Virtual Goods are final and not refundable, unless applicable laws specify otherwise.

4.7 We may change or remove any Virtual Money or Virtual Goods with or without cause at any time without any liability to you.

4.8 We will not compensate you for any loss or make any refund to you resulting from your loss of any Virtual Money and Virtual Goods in case we suspend or terminate your account in accordance with this Agreement.


5 User conduct and content

5.1 You must follow applicable laws of the jurisdiction where you are located when visiting our Games. If any applicable laws restrict or forbid you from playing our Games, you shall follow such restrictions or stop visiting and/or playing our Games.

5.2 You promise that the all information provided to us by you when visiting or playing our Games is always true, accurate, and complete.

5.3 You or other users may send, upload, communicate, transmit or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, or other materials via our Games ("Content"). You, not we, are exclusively responsible for any and all Content that you may upload, communicate, transmit or otherwise make available via our Games, either published in public or sent in private.

5.4 You agree to comply with applicable law and to the following, any violation, with or without prior notice from us, may result in action taken against actions your accounts, Virtual Goods or Virtual Money:

5.4.1 You will not upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise;

5.4.2 You will not promote sexually explicit material;

5.4.3 You will not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

5.4.4 You will not advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights of any other person;

5.4.5 You will not post any that content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;

5.4.6 You will not post content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

5.4.7 You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

5.4.8 You will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

5.4.9 You will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our service, use of our Games, or access to our Games;

5.4.10 host, provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by NetEase in any way, for any purpose, including without limitation unauthorized play over the Internet, network play, or as part of content aggregation networks;

5.4.11 You will not upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and

5.4.12 You will not post any content that contains anything that, in the sole determination of NetEase, is objectionable or inhibits any other person from using or enjoying the Games, or which may expose NetEase or its users to any harm or liability of any kind.

Failure to comply with these contribution guidelines ("Contribution Guidelines"), as determined in NetEase's sole discretion, constitutes a breach of these Terms.

5.5 You agree that you will not:

5.5.1 use our Games in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;

5.5.2 create more than one account for one Game;

5.5.3 use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the Game;

5.5.4 register an account, play the Game or provide Content in the name of another person or entity;

5.5.5 use our Games for any purpose other than a reasonable person is likely to believe is within the spirit of playing, specifically including without limited to commercial purposes;

5.5.6 exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of NetEase; (b) for gathering in-game currency, items or resources for sale outside the Game; (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling; or (d) performing advertising or solicitations for a third party;

5.5.7 use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game or the service, including without limitation any software that reads areas of RAM used by NetEase for the Game to store information about a character or the game environment; provided, however, that NetEase may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;

5.5.8 access the Game from any Internet protocol addresses, computers or proxies that NetEase may prohibit in its sole and absolute discretion;

5.5.9 facilitate, create or maintain any unauthorized connection to the Game or related services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by NetEase;

5.5.10 remove or amend any patent notice, copyright notice or other ownership information from our Games;

5.5.11 collect any information, other than reasonably necessary for playing the Games, of other users;

5.5.12 sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Goods;

5.5.13 broadcast, live-stream, record, transfer, or permit the broadcast, live-streaming, recording, or transfering of the Game play, sound effect, background music, printscreen, or snapshot of the Game or any part thereof without our express prior written consent; or

5.5.14 use our Games in any other way not permitted by these terms.

5.6 We do not control any and all Content posted on our Games by other people and therefore we cannot represent or warrant the accuracy, integrity or quality of that Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Games.

5.7 We have the discretion to remove uploaded Content from our Games for any reason or no reason at our sole discretion, including without limitation if Content conflicts with this Agreement or otherwise improper. However, we will not monitor any Content actively and we do not guarantee that we will delete any improper Content.


6 Your breach of these terms

6.1 In case we reasonably find that you have breached this Agreement, we may take such actions as we deem appropriate, including but not limited to: (i) terminating your right to use the Games; (ii) removal of any Contents; (iii) taking legal action against you, in which case you agree that we may recover reasonable costs and attorneys' fees; and/or (iv) disclosure of information to law enforcement authorities. Any breach of Section 5.4 or 5.5 of this Agreement may be deemed as a material breach.


7 Disclaimer

7.1 THE GAME (INLUDING but not limited to THE GAME CLIENT AND MANUAL(S)) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING but not limited to ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN ADDITION, NETEASE DOES NOT WARRANT THAT YOUR USE OF THE GAMES, OR THE OPERATION OR FUNCTION OF THE GAMES, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH: WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE GAMES OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH NETEASE ENDEAVORS TO PROVIDE CURRENT, ACCURATE, AND RELIABLE INFORMATION ON THE GAMES, IT DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE GAMES.

7.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETEASE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NETEASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR GAMES, AND/OR RELATED SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR GAMES, and/or RELATED SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR GAMES, and/or RELATED SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR GAMES, and/or RELATED SERVICES. NETEASE RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE GAMEs OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. In no event shall Netease's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Netease during the SIX (6) months immediately prior to the time such claim arose.

7.3 We are not responsible for:

7.3.1 losses or harm caused by any third party beyond our reasonable control, including but not limited to internet service providers, telecommunication companies, or governments;

7.3.2 losses or harm that are beyond our reasonable foreseeability; or

7.3.3 losses or harm caused by your breach of any of these terms and conditions.

7.4 Jurisdictional Restrictions

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7.5 Release

If you have a dispute with one or more users of the Games, or with any party who provides advertising or third-party services, on, or through the Games, or with any party who provides a website linked to on the Games, you release us from claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code §1542 which says:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR" and all other laws, statutes, or policies that have a similar rule or effect on waiver and release.

You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any country, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.

7.6 Indemnification

You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including but not limited to any breach of these Terms. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.


8 Intellectual property

8.1 NetEase and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used during gameplay, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

8.2 The Games and all content and software associated with them are our "Works." They may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in the Games. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to reproduce our Works solely for your personal use in connection with using the Games. You may not otherwise reproduce (other than incidental reproduction required to run the Games on your device), distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Works or any adaptations thereof unless expressly set forth herein. Such conduct would, among other things, exceed the scope of your license and constitute infringement of our proprietary rights.

As part of this license, you may not do any of the following:

8.2.1 Copy the Games except a single backup copy;

8.2.2 Sell, rent, lease, license, distribute or otherwise transfer or make our Works available to any other person, in whole or in part, or use the Works or any part thereof in any commercial context, including but not limited to use on a commercial website or as part of a commercial service;

8.2.3 Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Works or any portion thereof, in whole or in part; or

8.2.4 Remove, disable or circumvent any proprietary notices or labels contained on or within the Works or any portion thereof.

The above described license is conditioned on your compliance with these Terms, and shall terminate upon the earlier of: (a) your breach of this User Agreement; or (b) our termination of these User Agreement. If you breach any provision, any license you have obtained will be automatically rescinded and terminated.

When you download or otherwise copy our Works, you are not buying or being gifted copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to specific terms and conditions (the "Content License"). Under this Content License you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Content License and constitute copyright infringement. At the expiration of your Content License or the termination of these Terms, you will delete or otherwise dispose of all copies of Applications and Works in your possession.

8.3 You may not interrupt us from providing our products or services normally, including but not limited to by attacking or invading our servers or making them overloaded; decoding or modifying the end-user software; making, publishing, spreading, or using any assistant tools or programs that affect the fairness of the Games in any way (including but not limited to "plug-ins"), exploiting or otherwise making use of bugs of the programs to prevent the Games from normal operation, or spreading the bugs; interrupting or preventing others from using products or services provided by us unreasonably.

8.4 By submitting Content (as defined in paragraph 5.3) via our Games you:

8.4.1 are representing that you are fully entitled to do so;

8.4.2 grant us and our affiliate companies an exclusive, irrevocable, transferable, sublicensable right to use, modify, copy, publish your Content and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, forever and for free;

8.4.3 agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us.

8.5 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other player of our Games.

8.6 If you believe that anything posted in the Game infringes any copyright that you own or control, please provide NetEase's Copyright Agent with the following written information required under the Digital Millennium Copyright Act (DMCA):

8.6.1 a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

8.6.2 identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;

8.6.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing URLs in the body of an email is the best way to help us locate the content quickly);

8.6.4 information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted;

8.6.5 a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

8.6.6 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NetEase's Copyright Agent for notice of claims of copyright infringement on this Site can be reached by e-mail or as follows:

Chen Mei, Counsel

Tel: +86-20-85106181

Fax: +86-20-85106153#56181

NetEase.Games.Legal@gmail.com

NetEase Building, 16 Keyun Rd., Tianhe District, Guangzhou, China 510665


9 Privacy

9.1 We will only collect, handle, use and share your personal information in accordance with our Privacy Policy and this Agreement. By playing our Games, you agree that we may collect, handle, use and share your personal information in this way. If you disagree with our Privacy Policy, you may not access to or play our Games.

9.2 Some of our Games may be linked to social networks. You will be subject to the privacy policies of such social networks when they collect, handle, use or share your personal information. By allowing our Games to link to social networks, you agree to share the personal information submitted by you to the social networks. If you do not want to share such information, you shall not allow our Games to link to social networks.


10 Links

We may link to third party websites or services from our Games. These third parties are beyond our control. They may have their own terms of use or privacy policies, and it is your sole responsibility to deal with them, including but not limited to making payment to them and submit your information to them. We are not liable for any losses or damage incurred by you caused by them including but not limited to disclosure of your personal information.


11 Transfer

We may transfer all or a part of our rights or obligations under this Agreement to a third party without your permission. You may not transfer any of the rights or obligations under this Agreement without our prior permission in writing.


12 Entire agreement

This Agreement sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.


13 Severability

If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that this Agreement will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.


14 Waivers of our rights

The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by us.


15 Changes

We have the right to modify this Agreement unilaterally from time to time. You shall refer to currently operative version regularly. You agree the modification by continuing playing our Games. If you disagree with the modification, you must stop playing our Games.


16 Termination

Notwithstanding anything in these Terms or in the Games, NetEase reserves the right, without notice and in its sole discretion, to terminate your license to use the Games, and to block or prevent your future access to and use of the Games or any related service operated by NetEase.


17 Contact Us

Questions or comments about the Site may be directed to us by: (i) e-mailing NetEase.Games.Legal@gmail.com; (ii) calling us at +86-20-85106181 from 10:00 am to 5:00 pm Beijing Time (UTC+8), Monday to Friday and excluding all public holidays in China or Hong Kong; or (iii) writing us at the following address with your message: NetEase Building, 16 Keyun Rd., Tianhe District, Guangzhou, China 510665. Please be sure to include in any e-mail or postal mail your full name, e-mail address, postal address, and any message.


18 Governing law

This User Agreement between you and us shall be governed by the laws of the Hong Kong, as an agreement wholly performed, negotiated and executed therein without regard to Hong Kong's conflict of law rules. Except as otherwise stated in section 19 below, any dispute relating in any way to or arising under or out of your use of the Games or this User Agreement shall be adjudicated by binding arbitration by the China International Economic and Trade Arbitration Commission (CIETAC) Hong Kong Arbitration Center.. You hereby consent to personal jurisdiction and venue in CIETAC Hong Kong Arbitration Center..


19 Agreement to Arbitrate

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION RELATING TO, ARISING UNDER OR OUT OF YOUR USE OF THE GAMES, INCLUDING ANY SALES MADE THROUGH THEM, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Both you and NetEase agree, with the limited exceptions noted below, to resolve all disputes between you and NetEase through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

Both you and NetEase waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Games as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, which is discussed further below, is generally referred to herein as the class action waiver.)

Jurisdiction and venue for any dispute shall be in Hong Kong Each party submits to personal jurisdiction and venue in that forum for any and all purposes. If this paragraph would render any other paragraph or provision of these Terms unenforceable, then jurisdiction and venue shall instead be in your home county of residence.

The arbitration shall take place in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration, which can be found at http://cn.cietac.org/rules/rule_E.pdf.

The arbitral award is final and binding upon both parties

This arbitration agreement is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.

The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Both you and NetEase waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in any statutes, laws or rules which may be otherwise applicable to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the entirety of this Dispute Resolution procedure shall be null and void.

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following. Within 15 days of making your first purchase from NetEase, you must send a letter to NetEase Building, 16 Keyun Rd., Tianhe District, Guangzhou, China 510665 that specifies (1) your name, (2) your account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. All other Terms shall continue to apply to you and your account, including the requirement to participate in pre-dispute mediation. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.


20 Miscellaneous

20.1 No party, nor any of the parties' respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

20.2 Except as otherwise expressly provided in these User Agreement, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, NetEase representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents are intended third-party beneficiaries.

20.3 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

20.4 The headings in these User Agreement are for convenience only and have no legal or contractual effect.

20.5 "Include," "Includes," "Including," "include," "includes," and "including" herein mean including without limitation.