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USER AGREEMENT
Last Updated: Oct 1, 2022
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR GAMES OR SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR GAMES OR SERVICES.
This End User License Agreement (this “Agreement”) is a contract between you and either GY Games as applicable (in either case, “GY Games”, “us”, “we” or “our”) and applies to your access to, and use of, the game in which this Agreement appears (or if posted online, the game referenced above), including, without limitation, any multi-player, online, or downloadable portions thereof and any related written or electronic documentation or content (the “Game”). The Game is licensed, and not sold, and this Agreement confers no title or ownership to the Game or any copy thereof. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with GY Games for other products or services. Any changes, additions, or deletions by you are not acceptable, and are hereby expressly rejected by GY Games.
Additional terms provided by us (including, but not limited to, posted fees, billing procedures, and promotion rules) may apply to particular functionalities and features that are part of the Game. Unless otherwise indicated, any additional applicable terms are incorporated by reference into this Agreement. In the event of a conflict between this Agreement and any additional terms, the additional terms shall govern with respect to such particular functionalities and features.
1. PRECONDITIONS OF THE LICENSES. The licenses granted in this Agreement are specifically conditioned upon the following and your full compliance with all other terms and conditions set forth in this Agreement:
a) You have reached the age of majority in your jurisdiction. If you are under the age of majority in your jurisdiction, your parent or legal guardian must agree to be bound by this Agreement and any applicable additional terms;
b) You agree to and comply with all of the terms in this Agreement, and any additional terms as may be applicable to the Game;
c) Your access and use of the Game is subject to certain security measures, including, without limitation, registering the Game with a serial code, having continuous access to the Internet, and accepting certain security/digital rights management features. Failure to accept and fully-comply with such security measures may partially or completely impair your use of the Game.
d) Your access and use of the Game is in accordance with all applicable local, state, national, and foreign laws and regulations.
e) You access and use the Game only on local machines, running validly licensed copies of operating systems on which the Game was designed to operate (the “Hardware”);
f) You have accepted and are in compliance with all terms and conditions applicable to the Hardware, including any terms of such platform regarding the checkout process.
2. LIMITED USE LICENSE.
a) Subject to the terms of this Agreement and your compliance with these terms, we grant you a nonexclusive, nontransferable, limited license to use the Game for the term of the Agreement in your country of residence, on Hardware that you own or exclusively control and solely as permitted by the applicable platform usage rules or terms of use (if any). Any updates, supplements or replacements to the original Game are governed by this Agreement unless separate license terms accompany such update.
b) The preceding states the entirety of your rights with respect to the Game, and we reserve all rights in and to the Game not expressly granted to you in this Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following:
(i) distribute, copy, license, rent, or sell the Game (except as expressly permitted by this license or the applicable platform usage rules);
(ii) use the Game for any purpose other than your own personal, noncommercial use;
(iii) reverse engineer, decompile, disassemble, or attempt to discover the source code for the Game;
(iv) unpack or otherwise attempt to discover game content that is not available to the user, obtain game graphics, sound, text, and other resource files.
(v) publish or disseminate any code, graphics, sound effects, music, text resource files obtained from the actions in (iv), as well as the game content that is not meant to be available to users;
(vi)modify, alter, or create any derivative works of the Game;
(vii) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Game;
(viii) use the Game for purposes for which it is not designed;
(ix) use the Game on any Hardware that you do not own or exclusively control;
(x) circumvent, or attempt to circumvent, any security measures in the Game.
3. OWNERSHIP. The Game and all content (other than User Content, as defined below) and other materials in the Game or available through the Game, including, without limitation, the publisher or developer logo, and all designs, text, graphics, pictures, information, data, software, sound files, Game Currency, Virtual Items, other files and the selection and arrangement thereof are the property of publisher or developer or its licensors and are protected by copyright and other intellectual property laws and treaties. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Game, including without limitation any Game Currency and Virtual Items.
4. TERM.
a) Subject to your satisfaction of the preconditions set forth in Section 1, this Agreement will remain in full force and effect while you use the Game. Either party may terminate this Agreement with or without cause at any time with reasonable prior notice. You may terminate this Agreement by deleting or destroying all copies of the Game in your possession, custody, or control. GY Games shall not be liable to you or any third party for termination of your use of the Game.
b) Without limiting any other rights of GY Games, if you fail to comply with the terms and conditions of this Agreement, GY Games retains the right to immediately limit, suspend, or terminate your license to the Game.
c) Upon termination of this Agreement: (i) your license to the Game shall cease immediately; and (ii) you will not be entitled to a refund of any fees, including any unused fees, if any, except for Purchased Game Currency refunded as required by applicable law.
d) Sections 2(b), 3, 4(d), 6, 7, 9-11 shall survive termination of this Agreement.
5. AMENDMENTS. GY Games reserves the right to change or modify this Agreement at any time and for any reason at GY Games’ sole discretion. If GY Games makes changes to this Agreement, we will provide one month prior notice of such changes, such as by providing notice through the Game. Your continued use of the Game after the effective date of such changes will confirm your acceptance of the revised Agreement.
6. MODIFICATION OF THE GAME. GY Games reserves the right to modify or discontinue, temporarily or permanently, the Game or any features or portions thereof with prior reasonable notice and, in case of emergency or if absolutely necessary, without prior notice. You agree that GY Games will not be liable for any modification, suspension, or discontinuance of the Game or any part thereof.
7. USER CONTENT. By posting any communication, information, intellectual property, material, messages, photos, graphics, videos, URLs, and other items or content to the Game (“User Content”), to the extent permitted by applicable local law, you hereby grant GY Games a non-exclusive, royalty-free, fully transferable and sub-licensable worldwide license for the whole duration of the applicable legal protection of intellectual rights to use the User Content in connection with the Game and related goods and services including the rights to reproduce, copy, adapt, modify, perform, create derivative works from, display, publish, broadcast, transmit, or otherwise use, distribute, exploit and communicate to the public by any and all means and media whether now known or hereafter devised without any further notice or compensation of any kind to you. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to GY Games’ and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license grant to GY Games survives any termination or revocation of this Agreement.
8. THIRD PARTY CONTENT. Content from any users, advertisers, and other third parties may be made available to you through the Game. Because we do not control third party content, you agree that unless due to intentional fault or gross negligence of GY Games, we are not responsible for any third party content, make no guarantees about the accuracy or quality of the information in third party content; and assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful third party content. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by GY Games, except where expressly stated by GY Games.
9. DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT GY GAMES AND ITS LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME OR ANY INCOMPATIBILITY AMONG THE GAME, OTHER SERVICES, AND HARDWARE. THE GAME AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS MIGHT BE DESCRIBED HEREIN, GY GAMES AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the disclaimer of implied terms nor the exclusion or limitation of warranties or guarantees in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
16. INTERNET. YOU ACKNOWLEDGE AND AGREE THAT GY GAMES IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN ACCURATE OR TIMELY MANNER.
10. THIRD-PARTY BENEFICIARIES. Any person or entity who is not a party to this Agreement shall have no rights under any law to enforce any terms of this Agreement, regardless of whether such person or entity has been identified by name. Nothing in this section shall affect the rights of any permitted assignee or transferee of this Agreement.
11. MISCELLANEOUS. This Agreement contains the entire agreement between you and GY Games regarding the use of the Game. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect for the remainder of the term, or as otherwise set forth in Section 4(d), except if such provision deprives the Agreement from its essential obligations. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of GY Games, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. The failure of GY Games to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
12.Proper law and Jurisdiction
The Agreement is governed by and is to be construed in accordance with the laws of Mainland China. Any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute must be brought to and finally resolved by arbitration administered by the Primary People’s Court of Haidian District of Beijing Municipality under the Arbitration Rules in force thereof, when the Notice of Arbitration is submitted.
Last Updated: Oct 1, 2022
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR GAMES OR SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR GAMES OR SERVICES.
This End User License Agreement (this “Agreement”) is a contract between you and either GY Games as applicable (in either case, “GY Games”, “us”, “we” or “our”) and applies to your access to, and use of, the game in which this Agreement appears (or if posted online, the game referenced above), including, without limitation, any multi-player, online, or downloadable portions thereof and any related written or electronic documentation or content (the “Game”). The Game is licensed, and not sold, and this Agreement confers no title or ownership to the Game or any copy thereof. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with GY Games for other products or services. Any changes, additions, or deletions by you are not acceptable, and are hereby expressly rejected by GY Games.
Additional terms provided by us (including, but not limited to, posted fees, billing procedures, and promotion rules) may apply to particular functionalities and features that are part of the Game. Unless otherwise indicated, any additional applicable terms are incorporated by reference into this Agreement. In the event of a conflict between this Agreement and any additional terms, the additional terms shall govern with respect to such particular functionalities and features.
1. PRECONDITIONS OF THE LICENSES. The licenses granted in this Agreement are specifically conditioned upon the following and your full compliance with all other terms and conditions set forth in this Agreement:
a) You have reached the age of majority in your jurisdiction. If you are under the age of majority in your jurisdiction, your parent or legal guardian must agree to be bound by this Agreement and any applicable additional terms;
b) You agree to and comply with all of the terms in this Agreement, and any additional terms as may be applicable to the Game;
c) Your access and use of the Game is subject to certain security measures, including, without limitation, registering the Game with a serial code, having continuous access to the Internet, and accepting certain security/digital rights management features. Failure to accept and fully-comply with such security measures may partially or completely impair your use of the Game.
d) Your access and use of the Game is in accordance with all applicable local, state, national, and foreign laws and regulations.
e) You access and use the Game only on local machines, running validly licensed copies of operating systems on which the Game was designed to operate (the “Hardware”);
f) You have accepted and are in compliance with all terms and conditions applicable to the Hardware, including any terms of such platform regarding the checkout process.
2. LIMITED USE LICENSE.
a) Subject to the terms of this Agreement and your compliance with these terms, we grant you a nonexclusive, nontransferable, limited license to use the Game for the term of the Agreement in your country of residence, on Hardware that you own or exclusively control and solely as permitted by the applicable platform usage rules or terms of use (if any). Any updates, supplements or replacements to the original Game are governed by this Agreement unless separate license terms accompany such update.
b) The preceding states the entirety of your rights with respect to the Game, and we reserve all rights in and to the Game not expressly granted to you in this Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following:
(i) distribute, copy, license, rent, or sell the Game (except as expressly permitted by this license or the applicable platform usage rules);
(ii) use the Game for any purpose other than your own personal, noncommercial use;
(iii) reverse engineer, decompile, disassemble, or attempt to discover the source code for the Game;
(iv) unpack or otherwise attempt to discover game content that is not available to the user, obtain game graphics, sound, text, and other resource files.
(v) publish or disseminate any code, graphics, sound effects, music, text resource files obtained from the actions in (iv), as well as the game content that is not meant to be available to users;
(vi)modify, alter, or create any derivative works of the Game;
(vii) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Game;
(viii) use the Game for purposes for which it is not designed;
(ix) use the Game on any Hardware that you do not own or exclusively control;
(x) circumvent, or attempt to circumvent, any security measures in the Game.
3. OWNERSHIP. The Game and all content (other than User Content, as defined below) and other materials in the Game or available through the Game, including, without limitation, the publisher or developer logo, and all designs, text, graphics, pictures, information, data, software, sound files, Game Currency, Virtual Items, other files and the selection and arrangement thereof are the property of publisher or developer or its licensors and are protected by copyright and other intellectual property laws and treaties. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Game, including without limitation any Game Currency and Virtual Items.
4. TERM.
a) Subject to your satisfaction of the preconditions set forth in Section 1, this Agreement will remain in full force and effect while you use the Game. Either party may terminate this Agreement with or without cause at any time with reasonable prior notice. You may terminate this Agreement by deleting or destroying all copies of the Game in your possession, custody, or control. GY Games shall not be liable to you or any third party for termination of your use of the Game.
b) Without limiting any other rights of GY Games, if you fail to comply with the terms and conditions of this Agreement, GY Games retains the right to immediately limit, suspend, or terminate your license to the Game.
c) Upon termination of this Agreement: (i) your license to the Game shall cease immediately; and (ii) you will not be entitled to a refund of any fees, including any unused fees, if any, except for Purchased Game Currency refunded as required by applicable law.
d) Sections 2(b), 3, 4(d), 6, 7, 9-11 shall survive termination of this Agreement.
5. AMENDMENTS. GY Games reserves the right to change or modify this Agreement at any time and for any reason at GY Games’ sole discretion. If GY Games makes changes to this Agreement, we will provide one month prior notice of such changes, such as by providing notice through the Game. Your continued use of the Game after the effective date of such changes will confirm your acceptance of the revised Agreement.
6. MODIFICATION OF THE GAME. GY Games reserves the right to modify or discontinue, temporarily or permanently, the Game or any features or portions thereof with prior reasonable notice and, in case of emergency or if absolutely necessary, without prior notice. You agree that GY Games will not be liable for any modification, suspension, or discontinuance of the Game or any part thereof.
7. USER CONTENT. By posting any communication, information, intellectual property, material, messages, photos, graphics, videos, URLs, and other items or content to the Game (“User Content”), to the extent permitted by applicable local law, you hereby grant GY Games a non-exclusive, royalty-free, fully transferable and sub-licensable worldwide license for the whole duration of the applicable legal protection of intellectual rights to use the User Content in connection with the Game and related goods and services including the rights to reproduce, copy, adapt, modify, perform, create derivative works from, display, publish, broadcast, transmit, or otherwise use, distribute, exploit and communicate to the public by any and all means and media whether now known or hereafter devised without any further notice or compensation of any kind to you. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to GY Games’ and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license grant to GY Games survives any termination or revocation of this Agreement.
8. THIRD PARTY CONTENT. Content from any users, advertisers, and other third parties may be made available to you through the Game. Because we do not control third party content, you agree that unless due to intentional fault or gross negligence of GY Games, we are not responsible for any third party content, make no guarantees about the accuracy or quality of the information in third party content; and assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful third party content. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by GY Games, except where expressly stated by GY Games.
9. DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT GY GAMES AND ITS LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME OR ANY INCOMPATIBILITY AMONG THE GAME, OTHER SERVICES, AND HARDWARE. THE GAME AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS MIGHT BE DESCRIBED HEREIN, GY GAMES AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the disclaimer of implied terms nor the exclusion or limitation of warranties or guarantees in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
16. INTERNET. YOU ACKNOWLEDGE AND AGREE THAT GY GAMES IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN ACCURATE OR TIMELY MANNER.
10. THIRD-PARTY BENEFICIARIES. Any person or entity who is not a party to this Agreement shall have no rights under any law to enforce any terms of this Agreement, regardless of whether such person or entity has been identified by name. Nothing in this section shall affect the rights of any permitted assignee or transferee of this Agreement.
11. MISCELLANEOUS. This Agreement contains the entire agreement between you and GY Games regarding the use of the Game. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect for the remainder of the term, or as otherwise set forth in Section 4(d), except if such provision deprives the Agreement from its essential obligations. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of GY Games, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. The failure of GY Games to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
12.Proper law and Jurisdiction
The Agreement is governed by and is to be construed in accordance with the laws of Mainland China. Any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute must be brought to and finally resolved by arbitration administered by the Primary People’s Court of Haidian District of Beijing Municipality under the Arbitration Rules in force thereof, when the Notice of Arbitration is submitted.