TERMS OF USE
Latest Update: March 16, 2023
Effective Date: March 16, 2023
About This Agreement
Our relationship with you
These Terms of Use (this "Agreement") is entered into by and between you and EXPTIONAL PTE. LTD., Level 35, The Gateway West, 150 Beach Road, Singapore (hereinafter referred to as "NetEase Game Account", "we", "us" or "our") in relation to this website or membership platform and any related services, content or products provided by us (together, the "Platform"). You agree that by accessing and/or using the Platform, you accept this Agreement and that you agree to comply with it. If you do not understand or agree to this Agreement, please do not use the Platform.
For the purposes of this Agreement, "you" and "your" means you as the user of the Platform.
Introduction of the Platform
The Platform allows you to create an account and use such account to access or log into a third party's, our affiliates' and/or our own gaming website(s) or application(s) ("Third Party Gaming Website"). Among other things, your Platform account will also allow you to:
interact with other users in the Platform or the Third Party Gaming Website;
check new releases and updates in relation to game or product offerings of the Third Party Gaming Website;
review the status of the game(s) or service(s) you have logged in using the Platform account; and/or
make purchases of certain games, products or services, including to purchase certain virtual currencies, virtual points, virtual items or services (the "Virtual Currencies, Points or Items") in the Third Party Gaming Website.
You understand and acknowledge that we may update our Platform (including the functionalities of your user account as described above) from time to time to reflect changes to our products or services, our users' needs or due to business or operational reasons, which may block your access to the Platform for a period of time and/or result in the modification of the content of the Platform. Unless under an urgent circumstance, we will inform you of such update in advance.
Changes to this Agreement
We may update this Agreement from time to time by posting the amended terms in the Platform. Every time you wish to use the Platform, please check this Agreement to ensure you understand the terms that apply at that time. The updated Agreement will be effective as of the time of posting, or such later date as may be specified in the updated Agreement. This Agreement is effective as of the "Effective Date" at the top of this page.
Accounts
Subject to the laws of your residence jurisdiction/region, minor children may utilise 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 authorised by you. In furtherance of our policy of not collecting personal information from persons under the minimum age as provided by the applicable laws of their residence jurisdiction/region ("Minimum Age"), you are not allowed to give us the personal information of any persons under the Minimum Age for any reason.
You should protect your account information, including any user identification code, password or any other piece of information as part of our security procedures, and keep it confidential. You agree that you may not transfer your account as well as any of your rights or obligations under this Agreement to anyone else or share your account information with others without our prior consent.
User Conduct and Content
Compliance with applicable laws
You must follow and comply with applicable laws of the jurisdiction where you are located when visiting the Platform. If any applicable laws restrict or forbid you from accessing or using the Platform, you shall follow such restrictions or stop accessing or using the Platform.
Content upload
You may send, upload, communicate, transmit or provide in other methods, information, data, sound, photographs, graphics, video, tags, or other materials ("Content") via your Platform account, for example when you upload or use a photograph, image or avatar as part of your profile. You are exclusively responsible for any and all Content that you may provide via your Platform account, either published in public or sent in private. Any Content you upload via your Platform account will be considered non-confidential and non-proprietary.
You may use your Platform account to interact with other users in the Third Party Gaming Website. You are responsible for all such interactions, including any dispute you may have with other users. You may also use your Platform account to send, upload, communicate, transmit or provide any Content in the Third Party Gaming Website. Such Content, including any restrictions and licences, is also subject to the terms and conditions of the applicable Third Party Gaming Website. You should review the applicable Third Party Gaming Website's terms and conditions before sending, uploading, communicating, transmitting or providing any Content in their website or platform.
Your grant of licence to us
You retain all of your ownership rights in your Content uploaded via your Platform account, but in order to operate the Platform, we must obtain from you certain licence rights in and to your Content so that actions we take in operating the Platform are not considered legal violations.
By using the Platform and uploading your Content via your Platform account, you hereby grant us a licence to access, use, host, cache, store, reproduce, transmit, display, publish, distribute and modify (for technical purposes, e.g., making sure the Content is viewable on smartphones as well as computers and other devices) your Content, but solely as required to be able to operate and provide the Platform. You agree that these rights and licences granted to us are royalty-free, transferable, sub-licensable, worldwide, and irrevocable (for so long as your Content is stored with us), and include a right for us to:
make your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Platform, solely for the purpose of operating and providing the Platform; and/or
otherwise permit access to or disclose your Content to third parties if we determine such access or disclosure is necessary to comply with our legal obligations.
By posting your Content via your Platform account, you confirm and agree that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein.
Content standards
Regarding any Content uploaded by you via your Platform account, you agree to comply with all applicable laws and regulations and you will not provide or upload any Content via your Platform account that:
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
contains viruses, trojans, worms, logic bombs, corrupted data, or other harmful, disruptive or destructive files;
will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
contains any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
infringes any intellectual property rights of any third party, such as patent, trade mark, trade secret, copyright or other proprietary rights of any party;
contains material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the licence described in paragraph 3.5 above;
could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence; and
contains anything that, in our reasonable determination, is objectionable or inhibits any other person from accessing or using the Platform, or which may expose us or our users to any harm or liability of any kind.
We are not obligated to monitor any Content you provide or upload via your Platform account. However, we reserve the right to remove any Content you provide or upload via your Platform account if, in our reasonable opinion, your Content does not comply with the terms set out in this Agreement, including paragraph 3.6 above. Where permitted under applicable law, we also reserve the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you via your Platform account constitutes a violation of their intellectual property rights or of their right to privacy. If you wish to contact us in relation to any Content you have uploaded via your Platform account and that we have taken down, please contact support@global.netease.com.
Restrictions of use
By using the Platform, you agree that you will not:
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platform without obtaining a licence to do so from us or our licensor(s);
use the Platform in breach of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;
use cheats, automation software (bots), hacks, mods or any other unauthorised third-party software designed to modify, collect information from or connect to any part of the Platform or any game made available within the Platform, including but not limited to simulating game user operations, changing the operating environment or modifying data to disrupt other users' experience through the deployment of external software (such as scripts (robots), plug-ins, button wizard software or third-party tools, including the multi-open function under simulator, synchroniser, record macro, keyboard mapping, cloud phone or similar);
use the Platform for any purposes other than those as may be contemplated by a reasonable person or user, specifically including but not limited to commercial purposes;
unless permitted by applicable law, reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Platform, any Content created by others or any portion thereof, in whole or in part;
remove or amend any patent notice, copyright notice or other intellectual property notice or information within our Platform;
collect any information of other users, unless reasonably necessary;
unless otherwise expressly permitted by this Agreement or the terms and conditions of the applicable Third Party Gaming Website, transfer any Virtual Currencies, Points or Items for use in any way once you purchase it, including but not limited to attempting to trade such Virtual Currencies, Points or Items via our Platform or any third party platforms with real money or real items, or attempting to provide mediation, intermediary, or agency service for such trade via or outside the Platform (together, "RMT"), including, but not limited to spamming, spreading RMT advertisements by any means via or outside the Platform, and conducting RMT via any in-game functions. Please note that your use of the Virtual Currencies, Points or Items is subject to the terms and conditions of this Agreement and the applicable Third Party Gaming Website (see further below under paragraph 9); and
use the Platform in any other way not permitted by this Agreement or any posted guidelines or rules.
Access to and Availability of the Platform
Your responsibility for your own devices and related device fees
You are responsible for obtaining and maintaining necessary devices for accessing or using the Platform, including but not limited to mobile phones and pads, and for device fees, including but not limited to Internet fees, data fees and electricity fees. You acknowledge that such fees are paid to third parties not relevant to this Agreement and shall not incur any liability on our part under this Agreement.
No guarantee of availability
We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and/or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal of the Platform.
No guarantee of content accuracy and your responsibility for virus protection software
We make no representations, warranties, conditions, guarantees or other terms, whether express or implied, that the content on the Platform is accurate, complete or up to date.
We do not guarantee that the Platform will be secure or free from malware, bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Platform. You should use your own virus protection software.
Our Responsibility for Loss or Damage Suffered By You
We do not exclude or limit in any way our liability to you where it would be unlawful to do so under the applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or agents and for fraud or fraudulent misrepresentation.
We only provide the Platform for domestic and private use. You agree not to use the Platform for any commercial or business purposes, and we have no liability to you for any:
loss of profits;
loss of sales, business or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity; or
loss of goodwill or reputation.
6.Breach of this Agreement
In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, or we reasonably detect suspicious activity on your account, in addition to any rights or remedies available under this Agreement or at law, in equity or statute, we may take such actions as we deem appropriate, including but not limited to:
removing any involved Content;
limiting your access to the Platform or your account;
restoring your account data to the status before your breach;
terminating or suspending your right to use the Platform;
taking legal action against you or disclosing relevant information to law enforcement authorities; and/or
any other actions set forth in any posted guidelines and rules.
Intellectual Property
Marks and logos
"Exptional", "NetEase Games" and our associated logos and names are our trade marks and/or service marks. Other marks, names and logos used in the Platform, are the trade marks, service marks or logos of their respective owners. You are granted no right or licence with respect to any of the aforesaid trade marks, service marks or logos.
Our and our licensor's reserved rights in the Work
The Platform and all data, material, content and software associated with or generated within it (together, the "Work") may be protected by the laws of copyright, trade mark, patent, trade secret and/or other applicable intellectual property laws, and we and our licensor(s) (as applicable) reserve and retain all rights, including without limitation the intellectual property rights and ownership, in such Work.
Your limited licence to use the Work
Subject to the terms and conditions of this Agreement, any applicable posted guidelines or rules and your payment of any required fee or price (if applicable), we hereby grant you a limited, revocable, non-sublicensable and non-exclusive licence to use and reproduce the Work solely for your personal use in connection with accessing or using the Platform and the right to download a single copy of any mobile or computer applications or other software provided to you in connection with the Platform.
Unless expressly set forth in this Agreement, you may not otherwise reproduce (other than incidental reproduction required to access or use the Platform on your device), distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display the Work or any adaptations thereof. The licence granted in paragraph 7.3 above will automatically terminate in the event of your breach of this Agreement.
You can use the Work obtained within the Platform for so long as we operate the Platform, unless the Work is specially marked with duration or maximum charges under which circumstance the licence of using such Work will be automatically terminated if the duration expires or the maximum charges are reached.
Third party open source licences
Some Work may be subject to certain third party's licence such as open source licence as may be stated in the Platform. Please read carefully the licence agreement of such third party and make sure you comply with the requirements set forth in such agreement when using the relevant Work.
Privacy and Cookies
For information about how we collect, use and process your personal information when you access and use the Platform, please see our Privacy Policy.
For information about the cookies and other similar technologies we use in the Platform, please see our Cookie Policy.
Purchase and Use of Virtual Currencies, Points or Items
You may use your Platform account to purchase certain Virtual Currencies, Points or Items for use within the Third Party Gaming Website. Such purchase is subject to the terms and conditions of this Agreement and the applicable Third Party Gaming Website. Please read carefully the terms and conditions herein and of the applicable Third Party Gaming Website and make sure you comply with such terms and conditions when purchasing and/or using the Virtual Currencies, Points or Items.
Subject to the terms and conditions of this Agreement and the applicable Third Party Gaming Website, any applicable posted guidelines or rules and your payment of any required fee or price (if applicable), if and when you use your Platform account to purchase, earn or otherwise obtain any Virtual Currencies, Points or Items within the Third Party Gaming Website, you may receive a limited licence from the relevant provider of the Third Party Gaming Website to use the Virtual Currencies, Points or Items for certain prescribed purposes only (such as for your personal, non-commercial use only). Please read carefully the terms and conditions of such Third Party Gaming Website and make sure you comply with the requirements set forth in those terms and conditions when using the Virtual Currencies, Points or Items within such Third Party Gaming Website.
You agree that the Virtual Currencies, Points or Items have no monetary or real value outside of their intended use within the applicable Third Party Gaming Website and cannot be sold, sub-licensed, traded, transferred, or exchanged for any credit, money or other consideration. The Virtual Currencies, Points or Items cannot in any circumstances be used as a substitute for currency or medium of exchange. You are not allowed to transfer the Virtual Currencies, Points or Items via or outside of the Platform or the applicable Third Party Gaming Website.
Please note that the applicable Third Party Gaming Website may establish certain conditions or limits in connection with the purchase and/or use of the Virtual Currencies, Points or Items, such as a maximum amount you may spend to purchase the Virtual Currencies, Points or Items per transaction or per day and/or a maximum balance that may be credited to your account. You must comply with such conditions or limits where applicable.
Mobile Applications and Third Party Websites or Applications
Use of mobile applications
You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use mobile applications provided in connection with the Platform (the "App"). We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in any particular geographic location.
When using the Platform, you may receive push notifications, local notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App ("Push Messages"). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and may opt in or out of these Push Messages through the Platform or through your mobile device's operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from us. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of Push Messages from us.
Third party websites or applications
The Platform may contain links to other websites or applications (including Third Party Gaming Websites) provided or operated by third parties. Such links should not be interpreted as approval or endorsement by us of those linked websites or applications.
We have no control over the contents of third party websites or applications (including Third Party Gaming Websites), and we are not responsible for the content provided by any third parties, nor do we guarantee their compliance with any applicable law, accuracy, reliability, quality or completeness.
Any access or use of third party websites or applications (including Third Party Gaming Websites) is at your discretion and between you and the applicable third party provider. We do not make any representation or commitment, or guarantee the performance, availability, safety or reliability of any third party websites or applications (including Third Party Gaming Websites) and are not responsible for the applicable third party provider's performance or failure to perform in any respect.
Your personal information may be collected, used and processed when using a third party website or application (including Third Party Gaming Websites). You should read the privacy policy of such third party website or application carefully before or when using their website or application. Third party websites or applications may also use cookies and other similar technologies on their websites or applications – you should refer to their cookie policy before or when using their websites or applications.
Governing Law and Jurisdiction
If you reside in the UK
This Agreement, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you reside in the EU
This Agreement, its subject matter and its formation, are governed by the law of the EU member state in which you are a citizen or habitual resident. You and we both agree that the courts of such EU member state will have exclusive jurisdiction.
If you reside in a country other than the UK or an EU member state
This Agreement, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England will have non-exclusive jurisdiction.
Miscellaneous
Transfer
You agree that we may transfer or assign all or part of our rights or obligations under this Agreement to a third party upon prior notice to you, but we will ensure that the transfer will not adversely affect your rights under this Agreement.
You must not transfer or assign all or part of your rights or obligations under this Agreement without our prior written consent.
Written terms of this Agreement
We intend to rely upon the written terms set out in this Agreement. If you require any changes, please make sure you ask for these to be put in writing. That way, we can avoid any issues surrounding what we and you are both expected to do.
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. The remainder of this Agreement shall not be affected and shall be enforced to the maximum extent permitted by applicable law.
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.
Contact us
If you have any questions about this Agreement, please contact us via support@global.netease.com.