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End-User License Agreement
Preamble
1. This End User License Agreement (hereinafter referred to as "this Agreement") is an agreement between you (hereinafter also referred to as the "User") and Chenyu Xu (hereinafter referred to as "Midou Studio") regarding the installation and use of game software and related services provided by Midou Studio. This Agreement is legally binding.
2. Before you use the games or services provided by Midou Studio, Midou Studio hereby reminds you to carefully read and fully understand all the terms of this Agreement, specifically the clauses that exempt or mitigate Midou Studio's liability, limit user rights, and the clauses on applicable law and dispute resolution, and choose to accept or not accept. Such terms may be highlighted in bold.
3. If you do not agree to any of the terms of this Agreement, you shall not install or use the games or services covered by this Agreement. Your installation, use, or other such behaviour shall be deemed as your acceptance of this Agreement and your consent to be bound by all the terms of this Agreement. Thereafter, you may not raise objections on the grounds of not having read/agreed to the contents of this Agreement.
Article 1: Definitions and Interpretations
1.1. "Game" or "Games" refers to the game software provided by Midou Studio, including but not limited to versions running on gaming consoles, computers, mobile smart devices, etc., in the form of personal consoles, applications, or other formats, as well as game-related updates, upgrades, patches, expansions, etc., comprising all related components such as program code, graphics, audio, video, documentation, etc.
1.2. "Service" or "Services" refers to the online operation services, customer services, etc., provided by Midou Studio in relation to the aforementioned games, including the games themselves.
1.3. "User" or "Users" refers to any natural person or entity who legally purchases and installs the Games and Services provided by Midou Studio.
1.4. "License" refers to the non-commercial, revocable, modifiable, non-exclusive, non-transferable, non-sublicensable right granted to the user by Midou Studio to use the Games and related Services, provided that all terms of this Agreement are complied with.
1.5. "Third-party Platform" or "Third-party Platforms" refers to gaming platforms provided by third parties other than Midou Studio that may need to be accessed when using the Games and related Services provided by Midou Studio.
1.6. All headings in this Agreement are for convenience of reference only and do not carry substantive meaning on their own. They shall not affect the interpretation of the content of the Agreement.
Article 2: Scope and Restrictions of Use
2.1. Subsequent to the User's agreement to all terms of this Agreement, Midou Studio agrees to grant the User a non-commercial, revocable, modifiable, non-exclusive, non-transferable, and non-sublicensable right to use the Games and related Services. The User has the right to run a copy of the Games on personal console, computer, or device according to the design of said Games and enjoy the Services provided by Midou Studio.
2.2. Without prior written consent from Midou Studio, the User shall not engage in the following actions (including for both for-profit and non-profit purposes):
(1) Using reverse engineering, decompiling, or disassembling techniques to crack, disassemble, or attempt to obtain the source code of the Games by other means;
(2) Reproducing, distributing, disseminating, or displaying the source code of the Games, user manuals, and/or graphical and textual materials;
(3) Publicly displaying or performing the contents of the Games or Services in any form or on any platform;
(4) Creating derivative works of the Games or using said Games for creative purposes in other ways;
(5) Renting, lending, or transferring the right to use the Games in any other way or engaging in any profitable activities using said Games;
(6) Deleting, modifying, or concealing Midou Studio's name, copyright or trademark information, or other intellectual property rights notices within the content of the Games and related programs, animations, packaging, and/or documentation;
(7) Engaging in other acts that violate copyright laws, trademark laws, regulations on the protection of the rights of computer software, and related laws and regulations, international treaties, or conventions.
Article 3: Declaration of Rights
3.1. Midou Studio holds all rights to its Games and related Services, and the data and content contained therein, including but not limited to game titles, program source code, character names, images, equipment, skills design, conceptual definitions, information, stories, dialogue text, artwork, patterns, landscape designs, animations, sounds, music, audiovisual effects, operation interfaces, operating methods, and all related documentation (collectively referred to as "Game Content"). The Games and the Game Content of Midou Studio are protected by copyright laws, other relevant intellectual property laws and regulations, and international treaties and conventions. The legitimate rights and interests in relation to the copyright of computer software, artistic works, trademarks, patents, and commercial secrets associated with the Games developed and the Game Content of Midou Studio solely belong to Midou Studio.
3.2. The User shall only obtain the right to use the Game.
3.3. Any rights not explicitly granted to the User in this Agreement are reserved by Midou Studio, including but not limited to the right to create derivative works from the Games. The User agrees to refrain from creating any work of authorship based on the Games or the Game Content of Midou Studio therein and shall not use Midou Studio's name, trademarks, domain names, or slogans unless prior written consent is obtained from Midou Studio.
Article 4: Updates, Support, and Third-Party Platforms
4.1. Midou Studio reserves the right to provide or deploy patches to update, upgrade, or modify the Games as needed to improve the user experience, functionality, performance, and/or security of the Games.
4.2. Midou Studio shall offer necessary technical support based on relevant circumstances but does not guarantee the resolution of all issues encountered by the User. As such, the User shall bear the risks and consequences arising from the use of the Game.
4.3. When using the Games and Services of Midou Studio, the User may need to log in to Third-party Platforms outside of the direct control of Midou Studio. In such cases, the User must comply with the rules and terms of these Third-party Platforms. Unless directly related to its Games and Services, Midou Studio assumes no responsibility for the Services or content provided by Third-party Platforms.
Article 5: Personal Information Protection Policy
5.1. Midou Studio shall strictly comply with any and all relevant laws and regulations to protect the security of the User's personal information. This information includes real names, identification numbers, contact information, home addresses, accounts related to the Games, and other details provided during registration. Unless consent is expressly provided, Midou Studio shall not provide the User's personal information to third parties.
5.2. The User acknowledges and agrees that Midou Studio has the right to provide personal information to relevant entities under the following circumstances:
(1) As necessary for the conclusion or performance of a contract to which the User is a party;
(2) As necessary to fulfill legal obligations or in emergency situations to protect the life, health, and property of the User or others;
(3) When required by administrative or judicial authorities following statutory procedures;
(4) To handle personal information within a reasonable scope that the User has voluntarily disclosed or that has been legally disclosed;
(5) When the User authorizes Midou Studio to disclose or use said information;
(6) When it is necessary for Midou Studio to bring a lawsuit or arbitration against the User to protect its lawful rights and interests;
(7) In other situations prescribed by laws and administrative regulations.
5.3. To protect the User's privacy rights and regulate the use of their personal information, Midou Studio has formulated a "Personal Information Protection Policy." The User is encouraged to read this policy in detail.
5.4. To optimize user experience, Midou Studio may collect relevant information (hereinafter referred to as "User Game Information") during the User's use of its Games, including statistical data within said Games, usage history, and the hardware configurations of the devices used to play the Game developed by Midou Studio, with the User's consent. The User acknowledges that Midou Studio may analyze and use User Game Information for maintenance, operation, support, and marketing purposes. For detailed information, refer to the "Data Storage and Processing Agreement." Regardless of whether or not the User consents to Midou Studio collecting the aforementioned information, their use of the Games and the Services shall not be affected.
Article 6: Obligations of Midou Studio
6.1. Midou Studio agrees to provide its Games and Services to the User via the Internet or other means in accordance with the terms of this Agreement.
Article 7: Obligations of the User
7.1. The User shall prepare the device or devices required for installing and using the Games and the Services of Midou Studio (including but not limited to gaming consoles, computers, mobile smart devices, tablets, etc.) at their own expense.
7.2. The User shall comply with the terms of this Agreement, in addition to other relevant rules and protocols (including but not limited to the "Personal Information Protection Policy" or service agreement signed by the User and any agreements, user guidelines, announcements, and notices periodically published and revised on the official website, official WeChat public account, or within the Games themselves), and you must follow the law, regulation or other mandatory governmental limitations applicable to where you are located when using our Games and Services.
7.3. The User is responsible for all actions enacted under their account, including but not limited to any content posted by the User and any resulting consequences.
7.4. Apart from using the Games and related Services in accordance with this Agreement, the User shall not engage in any actions that infringe on the intellectual property rights or interests of Midou Studio, or any other actions that harm the legitimate rights and interests of Midou Studio or any third parties.
Article 8: Improper Conduct
8.1. The User shall bear responsibility for the content of any and all information they publish. Regarding such content, the User agrees to comply with applicable laws and to the following:
(1) You will not provide any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
(2) You will not provide any content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
(3) You will not provide 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;
(4) You will not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
(5) You will not provide any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(6) You will not provide any content that spreads rumours, disturbs social order, or undermines social stability;
(7) You will not provide any content that disseminates pornography, obscenity, gambling, violence, murder, terrorism, or incites criminal activities;
(8) You will not provide any content that insults or defames others, or infringes upon their legitimate rights and interests;
(9) You will not provide any content that promotes or instigates the use of cheats, private servers, or trojans;
(10) You will not provide content that will contain 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 license described above;
(11) You will not provide any content that contains anything that, in the sole determination of Midou Studio, is objectionable or inhibits any other person from using Services, or which may expose Midou Studio or its users to any harm or liability of any kind.
8.2. The User shall not engage in improper or unfair means when using the Games or related Services, including but not limited to the following behaviours:
(1) Deleting copyright notices or other intellectual property notices or information related to the Games;
(2) Reverse-engineering, decompiling, disassembling, or otherwise accessing the software code of the Games;
(3) Scanning, probing, or testing the Games to detect, discover, or find any bugs or vulnerabilities;
(4) Reproducing, modifying, adding, deleting, attaching, running, or creating any derivative works of data released into any terminal memory with regard to the Games or their operation, including but not limited to using plugins, cheats, or unauthorized third-party tools/services to access the Games and/or related systems;
(5) Modifying or falsifying instructions or data in the Games, adding, deleting, or altering functions or effects, or operating or disseminating software, tools, or methods used for the aforementioned purposes, regardless of whether these actions are carried out for profit;
(6) Using the Games or Services through third-party software, plugins, cheats, or systems not developed or authorized by Midou Studio, or creating, distributing, or using third-party software, plugins, cheats, or systems not developed or authorized by Midou Studio;
(7) Using, renting, lending, reproducing, modifying, linking, reprinting, compiling, publishing, or establishing mirror sites related to the content owned by Midou Studio or its Games and related Services;
(8) Establishing mirror sites related to Midou Studio, its Games, or related Services, or providing software or services identical or similar in nature to said Games or related Services to others through methods such as webpage snapshots or server setups;
(9) Separating any part of the Games or related Services for separate use or engaging in other uses that violate this Agreement;
(10) Using, modifying, or concealing the name, trademark, or other intellectual property of Midou Studio, its Games, or related Services;
(11) Any other unauthorized actions without prior written authorization from Midou Studio.
8.3. The User shall not interfere with Midou Studio's normal provision of its software and Services, including but not limited to: attacking or intruding into Midou Studio's website servers, or overloading the website servers by logging in or attempting to log in to servers with a frequency exceeding normal user login requirements during concentrated time periods; cracking or modifying the software provided by Midou Studio; attacking or intruding into Midou Studio's servers/server-side programs, or overloading servers related to the Game, creating, distributing, disseminating, or using any form of auxiliary tools or programs that hinder the fairness of the Games (including but not limited to "cheats," defined as any program that operates externally to the software of the Game and which impacts operations during gameplay, including but not limited to simulating user operations, modifying operational environments, and altering data). The User shall not: exploit program vulnerabilities and errors (bugs) to disrupt the normal operation of the Games or spread such vulnerabilities or errors (bugs), unreasonably interfere with or obstruct others' use of the software and services provided by Midou Studio, use the Game developed by Midou Studio, related Services, or software in abnormal or illegal ways, use abnormal methods to log into the Games (including but not limited to using third-party software, or systems not developed, authorized, or recognized by Midou Studio to log into the Games), use cheat software or robot programs to maliciously disrupt service facilities, disrupt normal operations; modify, translate, annotate, collate, compile, or derive Midou Studio's software; exploit possible technical defects or vulnerabilities in the Games in various forms for profit, or engage in other improper behaviors.
Article 9: Disclaimer of Liability
9.1. Midou Studio provides the Games to the User on an "as-is" basis, without guaranteeing that the Game is completely free from errors or defects or will not be interrupted. Except in cases of intent or gross negligence by Midou Studio, the User shall bear the risks and consequences of any faults, errors, defects, or data loss occurring during the operation of the Games.
9.2. Midou Studio shall not be liable for any direct, indirect, special, incidental, or consequential losses or damages arising from the User's use of the Games, including but not limited to property loss, data loss, or business disruption, except in instances of intent or gross negligence by Midou Studio.
9.3. Users are responsible for ensuring that their device meets the minimum system requirements for running the Games and shall take necessary security measures to safeguard their device and data safety. Midou Studio shall not be responsible for any losses or damages arising from security issues with the User's device or network.
9.4. The User acknowledges that there may be objective circumstances where different devices or operating systems are incompatible, which are not attributable to Midou Studio. This may lead to the User's data not being seamlessly transferred between devices or operating systems. The User shall bear the risks of any data loss resulting from switching between different devices or operating systems and may not request Midou Studio to assume any responsibility.
9.5. Midou Studio reserves the right to independently decide to modify, suspend, or terminate the User's use of the Game or the Services at any time without prior notice, except as required by laws, regulations, or terms under this Agreement. If Midou Studio suspends or terminates the User's use of the Game or the Services in accordance with relevant regulations or agreements due to the User's violation of laws, regulations, or agreements under this Agreement, Midou Studio shall not be deemed liable and shall have the right to require the User to assume the corresponding responsibilities.
Article 10: Suspension and Termination of Services
10.1. Suspension and Termination of User Services
(1) If the User publishes illegal information, seriously violates social ethics, or engages in other activities prohibited by law, they must immediately stop using the Games developed by Midou Studio and uninstall them. Midou Studio reserves the right to immediately terminate the Services rendered to the User;
(2) If the User engages in improper conduct while receiving said Services from Midou Studio, Midou Studio has the right to terminate the Services provided to the User. The specific improper conduct must be explicitly stipulated in this Agreement or clearly communicated by Midou Studio to be prohibited behaviour warranting the termination of the Services. Otherwise, such termination may not be permitted. The right to use virtual items on the User's account shall be terminated along with the termination of said Services.
(3) If the User provides false registration information or violates this Agreement, Midou Studio has the right to suspend all or part of the Services rendered. Midou Studio must notify the User of the suspension and specify the duration of the suspension period, which should be reasonable. The Services shall be promptly restored once this period ends. The usage period for virtual items on the User's account shall not be extended due to the suspension of said Services.
10.2. After the termination of the Services, Midou Studio shall no longer bear any obligations or responsibilities toward the User. The User shall bear any losses or damages resulting from the termination of said Services.
10.3. Special Instructions for Single-Player Game Services
In cases where the Services rendered are the primarily focused on single-player games, all data pertaining to the Game shall be stored on the User's device. If the User uninstalls or reinstalls the Game, or if their device suffers damage that prevents the Game from starting correctly, such data shall be irretrievable. If the User needs to save data on a server, they must perform such operations while connected to the internet.
Article 11: Applicable Law and Dispute Resolution
11.1. The establishment, effectiveness, interpretation, performance, and dispute resolution of this Agreement shall be governed by the laws of Canada, and all other conflicting laws are hereby excluded.
11.2. This Agreement is established in Vancouver, British Colombia, Canada. In the event of any dispute arising from this Agreement, the parties shall first attempt to resolve it amicably through friendly negotiation. If negotiation fails, both parties agree to submit the dispute to the competent people's court in the jurisdiction where this Agreement is established for adjudication. The User further waives the right to participate in class actions, or representative actions in connection with the use of the Games and Services.
11.3. If any provision of this Agreement is determined to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. The parties shall negotiate to establish new provisions to replace the invalid or unenforceable provisions.
Article 12: Effectiveness of and Amendments to the Agreement
12.1. This Agreement shall come into effect from the date the User selects the "Accept" or "Agree" button or otherwise signs this Agreement and shall remain valid until terminated by both parties in accordance with the provisions of this Agreement.
12.2. This Agreement constitutes the entire agreement between the parties regarding the Games and the Services and supersedes all previous oral or written agreements, statements, or warranties.
12.3. Midou Studio reserves the right to update this Agreement at any time. Upon the publication of the updated terms, they shall replace the original terms. The User shall be notified of the modified agreement through in-game announcements, official websites, or other appropriate means. If the User does not accept the modified terms, they must immediately cease using the Games or the Services provided by Midou Studio. Continued use of the Games or Services of Midou Studio shall be deemed as acceptance of the modified agreement.
12.4. The interpretation of this Agreement belongs exclusively to Midou Studio. For matters not explicitly stipulated in this Agreement, the parties shall negotiate and resolve them based on the principles of fairness and good faith.
12.5. The failure or delay of Midou Studio to exercise, or the partial exercise of, any right granted by this Agreement or by law shall not be construed as a waiver of such right, nor shall it affect Midou Studio's exercise of such right in the future.
Article 13: Notifications
13.1. Midou Studio may send any notifications or information to the User through in-game announcements, email, SMS, official websites, or other appropriate means. The User must ensure that the contact information provided to Midou Studio is accurate and valid so that notifications can be received promptly.
13.2. If the User needs to send any notifications or requests to Midou Studio, they may do so by contacting the official customer service email address: . Midou Studio shall process lawful requests and feedback in a timely manner.
Article 14: Miscellaneous
14.1. The phrase "including but not limited to" in this agreement implies that the listed items are examples and not an exhaustive list of all possible scenarios.
14.2. This agreement is originally written in English. Any conflicts or inconsistencies between the original and translated versions shall be interpreted by Midou Studio.
Chenyu Xu
Updated on: November 20, 2024
Preamble
1. This End User License Agreement (hereinafter referred to as "this Agreement") is an agreement between you (hereinafter also referred to as the "User") and Chenyu Xu (hereinafter referred to as "Midou Studio") regarding the installation and use of game software and related services provided by Midou Studio. This Agreement is legally binding.
2. Before you use the games or services provided by Midou Studio, Midou Studio hereby reminds you to carefully read and fully understand all the terms of this Agreement, specifically the clauses that exempt or mitigate Midou Studio's liability, limit user rights, and the clauses on applicable law and dispute resolution, and choose to accept or not accept. Such terms may be highlighted in bold.
3. If you do not agree to any of the terms of this Agreement, you shall not install or use the games or services covered by this Agreement. Your installation, use, or other such behaviour shall be deemed as your acceptance of this Agreement and your consent to be bound by all the terms of this Agreement. Thereafter, you may not raise objections on the grounds of not having read/agreed to the contents of this Agreement.
Article 1: Definitions and Interpretations
1.1. "Game" or "Games" refers to the game software provided by Midou Studio, including but not limited to versions running on gaming consoles, computers, mobile smart devices, etc., in the form of personal consoles, applications, or other formats, as well as game-related updates, upgrades, patches, expansions, etc., comprising all related components such as program code, graphics, audio, video, documentation, etc.
1.2. "Service" or "Services" refers to the online operation services, customer services, etc., provided by Midou Studio in relation to the aforementioned games, including the games themselves.
1.3. "User" or "Users" refers to any natural person or entity who legally purchases and installs the Games and Services provided by Midou Studio.
1.4. "License" refers to the non-commercial, revocable, modifiable, non-exclusive, non-transferable, non-sublicensable right granted to the user by Midou Studio to use the Games and related Services, provided that all terms of this Agreement are complied with.
1.5. "Third-party Platform" or "Third-party Platforms" refers to gaming platforms provided by third parties other than Midou Studio that may need to be accessed when using the Games and related Services provided by Midou Studio.
1.6. All headings in this Agreement are for convenience of reference only and do not carry substantive meaning on their own. They shall not affect the interpretation of the content of the Agreement.
Article 2: Scope and Restrictions of Use
2.1. Subsequent to the User's agreement to all terms of this Agreement, Midou Studio agrees to grant the User a non-commercial, revocable, modifiable, non-exclusive, non-transferable, and non-sublicensable right to use the Games and related Services. The User has the right to run a copy of the Games on personal console, computer, or device according to the design of said Games and enjoy the Services provided by Midou Studio.
2.2. Without prior written consent from Midou Studio, the User shall not engage in the following actions (including for both for-profit and non-profit purposes):
(1) Using reverse engineering, decompiling, or disassembling techniques to crack, disassemble, or attempt to obtain the source code of the Games by other means;
(2) Reproducing, distributing, disseminating, or displaying the source code of the Games, user manuals, and/or graphical and textual materials;
(3) Publicly displaying or performing the contents of the Games or Services in any form or on any platform;
(4) Creating derivative works of the Games or using said Games for creative purposes in other ways;
(5) Renting, lending, or transferring the right to use the Games in any other way or engaging in any profitable activities using said Games;
(6) Deleting, modifying, or concealing Midou Studio's name, copyright or trademark information, or other intellectual property rights notices within the content of the Games and related programs, animations, packaging, and/or documentation;
(7) Engaging in other acts that violate copyright laws, trademark laws, regulations on the protection of the rights of computer software, and related laws and regulations, international treaties, or conventions.
Article 3: Declaration of Rights
3.1. Midou Studio holds all rights to its Games and related Services, and the data and content contained therein, including but not limited to game titles, program source code, character names, images, equipment, skills design, conceptual definitions, information, stories, dialogue text, artwork, patterns, landscape designs, animations, sounds, music, audiovisual effects, operation interfaces, operating methods, and all related documentation (collectively referred to as "Game Content"). The Games and the Game Content of Midou Studio are protected by copyright laws, other relevant intellectual property laws and regulations, and international treaties and conventions. The legitimate rights and interests in relation to the copyright of computer software, artistic works, trademarks, patents, and commercial secrets associated with the Games developed and the Game Content of Midou Studio solely belong to Midou Studio.
3.2. The User shall only obtain the right to use the Game.
3.3. Any rights not explicitly granted to the User in this Agreement are reserved by Midou Studio, including but not limited to the right to create derivative works from the Games. The User agrees to refrain from creating any work of authorship based on the Games or the Game Content of Midou Studio therein and shall not use Midou Studio's name, trademarks, domain names, or slogans unless prior written consent is obtained from Midou Studio.
Article 4: Updates, Support, and Third-Party Platforms
4.1. Midou Studio reserves the right to provide or deploy patches to update, upgrade, or modify the Games as needed to improve the user experience, functionality, performance, and/or security of the Games.
4.2. Midou Studio shall offer necessary technical support based on relevant circumstances but does not guarantee the resolution of all issues encountered by the User. As such, the User shall bear the risks and consequences arising from the use of the Game.
4.3. When using the Games and Services of Midou Studio, the User may need to log in to Third-party Platforms outside of the direct control of Midou Studio. In such cases, the User must comply with the rules and terms of these Third-party Platforms. Unless directly related to its Games and Services, Midou Studio assumes no responsibility for the Services or content provided by Third-party Platforms.
Article 5: Personal Information Protection Policy
5.1. Midou Studio shall strictly comply with any and all relevant laws and regulations to protect the security of the User's personal information. This information includes real names, identification numbers, contact information, home addresses, accounts related to the Games, and other details provided during registration. Unless consent is expressly provided, Midou Studio shall not provide the User's personal information to third parties.
5.2. The User acknowledges and agrees that Midou Studio has the right to provide personal information to relevant entities under the following circumstances:
(1) As necessary for the conclusion or performance of a contract to which the User is a party;
(2) As necessary to fulfill legal obligations or in emergency situations to protect the life, health, and property of the User or others;
(3) When required by administrative or judicial authorities following statutory procedures;
(4) To handle personal information within a reasonable scope that the User has voluntarily disclosed or that has been legally disclosed;
(5) When the User authorizes Midou Studio to disclose or use said information;
(6) When it is necessary for Midou Studio to bring a lawsuit or arbitration against the User to protect its lawful rights and interests;
(7) In other situations prescribed by laws and administrative regulations.
5.3. To protect the User's privacy rights and regulate the use of their personal information, Midou Studio has formulated a "Personal Information Protection Policy." The User is encouraged to read this policy in detail.
5.4. To optimize user experience, Midou Studio may collect relevant information (hereinafter referred to as "User Game Information") during the User's use of its Games, including statistical data within said Games, usage history, and the hardware configurations of the devices used to play the Game developed by Midou Studio, with the User's consent. The User acknowledges that Midou Studio may analyze and use User Game Information for maintenance, operation, support, and marketing purposes. For detailed information, refer to the "Data Storage and Processing Agreement." Regardless of whether or not the User consents to Midou Studio collecting the aforementioned information, their use of the Games and the Services shall not be affected.
Article 6: Obligations of Midou Studio
6.1. Midou Studio agrees to provide its Games and Services to the User via the Internet or other means in accordance with the terms of this Agreement.
Article 7: Obligations of the User
7.1. The User shall prepare the device or devices required for installing and using the Games and the Services of Midou Studio (including but not limited to gaming consoles, computers, mobile smart devices, tablets, etc.) at their own expense.
7.2. The User shall comply with the terms of this Agreement, in addition to other relevant rules and protocols (including but not limited to the "Personal Information Protection Policy" or service agreement signed by the User and any agreements, user guidelines, announcements, and notices periodically published and revised on the official website, official WeChat public account, or within the Games themselves), and you must follow the law, regulation or other mandatory governmental limitations applicable to where you are located when using our Games and Services.
7.3. The User is responsible for all actions enacted under their account, including but not limited to any content posted by the User and any resulting consequences.
7.4. Apart from using the Games and related Services in accordance with this Agreement, the User shall not engage in any actions that infringe on the intellectual property rights or interests of Midou Studio, or any other actions that harm the legitimate rights and interests of Midou Studio or any third parties.
Article 8: Improper Conduct
8.1. The User shall bear responsibility for the content of any and all information they publish. Regarding such content, the User agrees to comply with applicable laws and to the following:
(1) You will not provide any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
(2) You will not provide any content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
(3) You will not provide 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;
(4) You will not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
(5) You will not provide any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(6) You will not provide any content that spreads rumours, disturbs social order, or undermines social stability;
(7) You will not provide any content that disseminates pornography, obscenity, gambling, violence, murder, terrorism, or incites criminal activities;
(8) You will not provide any content that insults or defames others, or infringes upon their legitimate rights and interests;
(9) You will not provide any content that promotes or instigates the use of cheats, private servers, or trojans;
(10) You will not provide content that will contain 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 license described above;
(11) You will not provide any content that contains anything that, in the sole determination of Midou Studio, is objectionable or inhibits any other person from using Services, or which may expose Midou Studio or its users to any harm or liability of any kind.
8.2. The User shall not engage in improper or unfair means when using the Games or related Services, including but not limited to the following behaviours:
(1) Deleting copyright notices or other intellectual property notices or information related to the Games;
(2) Reverse-engineering, decompiling, disassembling, or otherwise accessing the software code of the Games;
(3) Scanning, probing, or testing the Games to detect, discover, or find any bugs or vulnerabilities;
(4) Reproducing, modifying, adding, deleting, attaching, running, or creating any derivative works of data released into any terminal memory with regard to the Games or their operation, including but not limited to using plugins, cheats, or unauthorized third-party tools/services to access the Games and/or related systems;
(5) Modifying or falsifying instructions or data in the Games, adding, deleting, or altering functions or effects, or operating or disseminating software, tools, or methods used for the aforementioned purposes, regardless of whether these actions are carried out for profit;
(6) Using the Games or Services through third-party software, plugins, cheats, or systems not developed or authorized by Midou Studio, or creating, distributing, or using third-party software, plugins, cheats, or systems not developed or authorized by Midou Studio;
(7) Using, renting, lending, reproducing, modifying, linking, reprinting, compiling, publishing, or establishing mirror sites related to the content owned by Midou Studio or its Games and related Services;
(8) Establishing mirror sites related to Midou Studio, its Games, or related Services, or providing software or services identical or similar in nature to said Games or related Services to others through methods such as webpage snapshots or server setups;
(9) Separating any part of the Games or related Services for separate use or engaging in other uses that violate this Agreement;
(10) Using, modifying, or concealing the name, trademark, or other intellectual property of Midou Studio, its Games, or related Services;
(11) Any other unauthorized actions without prior written authorization from Midou Studio.
8.3. The User shall not interfere with Midou Studio's normal provision of its software and Services, including but not limited to: attacking or intruding into Midou Studio's website servers, or overloading the website servers by logging in or attempting to log in to servers with a frequency exceeding normal user login requirements during concentrated time periods; cracking or modifying the software provided by Midou Studio; attacking or intruding into Midou Studio's servers/server-side programs, or overloading servers related to the Game, creating, distributing, disseminating, or using any form of auxiliary tools or programs that hinder the fairness of the Games (including but not limited to "cheats," defined as any program that operates externally to the software of the Game and which impacts operations during gameplay, including but not limited to simulating user operations, modifying operational environments, and altering data). The User shall not: exploit program vulnerabilities and errors (bugs) to disrupt the normal operation of the Games or spread such vulnerabilities or errors (bugs), unreasonably interfere with or obstruct others' use of the software and services provided by Midou Studio, use the Game developed by Midou Studio, related Services, or software in abnormal or illegal ways, use abnormal methods to log into the Games (including but not limited to using third-party software, or systems not developed, authorized, or recognized by Midou Studio to log into the Games), use cheat software or robot programs to maliciously disrupt service facilities, disrupt normal operations; modify, translate, annotate, collate, compile, or derive Midou Studio's software; exploit possible technical defects or vulnerabilities in the Games in various forms for profit, or engage in other improper behaviors.
Article 9: Disclaimer of Liability
9.1. Midou Studio provides the Games to the User on an "as-is" basis, without guaranteeing that the Game is completely free from errors or defects or will not be interrupted. Except in cases of intent or gross negligence by Midou Studio, the User shall bear the risks and consequences of any faults, errors, defects, or data loss occurring during the operation of the Games.
9.2. Midou Studio shall not be liable for any direct, indirect, special, incidental, or consequential losses or damages arising from the User's use of the Games, including but not limited to property loss, data loss, or business disruption, except in instances of intent or gross negligence by Midou Studio.
9.3. Users are responsible for ensuring that their device meets the minimum system requirements for running the Games and shall take necessary security measures to safeguard their device and data safety. Midou Studio shall not be responsible for any losses or damages arising from security issues with the User's device or network.
9.4. The User acknowledges that there may be objective circumstances where different devices or operating systems are incompatible, which are not attributable to Midou Studio. This may lead to the User's data not being seamlessly transferred between devices or operating systems. The User shall bear the risks of any data loss resulting from switching between different devices or operating systems and may not request Midou Studio to assume any responsibility.
9.5. Midou Studio reserves the right to independently decide to modify, suspend, or terminate the User's use of the Game or the Services at any time without prior notice, except as required by laws, regulations, or terms under this Agreement. If Midou Studio suspends or terminates the User's use of the Game or the Services in accordance with relevant regulations or agreements due to the User's violation of laws, regulations, or agreements under this Agreement, Midou Studio shall not be deemed liable and shall have the right to require the User to assume the corresponding responsibilities.
Article 10: Suspension and Termination of Services
10.1. Suspension and Termination of User Services
(1) If the User publishes illegal information, seriously violates social ethics, or engages in other activities prohibited by law, they must immediately stop using the Games developed by Midou Studio and uninstall them. Midou Studio reserves the right to immediately terminate the Services rendered to the User;
(2) If the User engages in improper conduct while receiving said Services from Midou Studio, Midou Studio has the right to terminate the Services provided to the User. The specific improper conduct must be explicitly stipulated in this Agreement or clearly communicated by Midou Studio to be prohibited behaviour warranting the termination of the Services. Otherwise, such termination may not be permitted. The right to use virtual items on the User's account shall be terminated along with the termination of said Services.
(3) If the User provides false registration information or violates this Agreement, Midou Studio has the right to suspend all or part of the Services rendered. Midou Studio must notify the User of the suspension and specify the duration of the suspension period, which should be reasonable. The Services shall be promptly restored once this period ends. The usage period for virtual items on the User's account shall not be extended due to the suspension of said Services.
10.2. After the termination of the Services, Midou Studio shall no longer bear any obligations or responsibilities toward the User. The User shall bear any losses or damages resulting from the termination of said Services.
10.3. Special Instructions for Single-Player Game Services
In cases where the Services rendered are the primarily focused on single-player games, all data pertaining to the Game shall be stored on the User's device. If the User uninstalls or reinstalls the Game, or if their device suffers damage that prevents the Game from starting correctly, such data shall be irretrievable. If the User needs to save data on a server, they must perform such operations while connected to the internet.
Article 11: Applicable Law and Dispute Resolution
11.1. The establishment, effectiveness, interpretation, performance, and dispute resolution of this Agreement shall be governed by the laws of Canada, and all other conflicting laws are hereby excluded.
11.2. This Agreement is established in Vancouver, British Colombia, Canada. In the event of any dispute arising from this Agreement, the parties shall first attempt to resolve it amicably through friendly negotiation. If negotiation fails, both parties agree to submit the dispute to the competent people's court in the jurisdiction where this Agreement is established for adjudication. The User further waives the right to participate in class actions, or representative actions in connection with the use of the Games and Services.
11.3. If any provision of this Agreement is determined to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. The parties shall negotiate to establish new provisions to replace the invalid or unenforceable provisions.
Article 12: Effectiveness of and Amendments to the Agreement
12.1. This Agreement shall come into effect from the date the User selects the "Accept" or "Agree" button or otherwise signs this Agreement and shall remain valid until terminated by both parties in accordance with the provisions of this Agreement.
12.2. This Agreement constitutes the entire agreement between the parties regarding the Games and the Services and supersedes all previous oral or written agreements, statements, or warranties.
12.3. Midou Studio reserves the right to update this Agreement at any time. Upon the publication of the updated terms, they shall replace the original terms. The User shall be notified of the modified agreement through in-game announcements, official websites, or other appropriate means. If the User does not accept the modified terms, they must immediately cease using the Games or the Services provided by Midou Studio. Continued use of the Games or Services of Midou Studio shall be deemed as acceptance of the modified agreement.
12.4. The interpretation of this Agreement belongs exclusively to Midou Studio. For matters not explicitly stipulated in this Agreement, the parties shall negotiate and resolve them based on the principles of fairness and good faith.
12.5. The failure or delay of Midou Studio to exercise, or the partial exercise of, any right granted by this Agreement or by law shall not be construed as a waiver of such right, nor shall it affect Midou Studio's exercise of such right in the future.
Article 13: Notifications
13.1. Midou Studio may send any notifications or information to the User through in-game announcements, email, SMS, official websites, or other appropriate means. The User must ensure that the contact information provided to Midou Studio is accurate and valid so that notifications can be received promptly.
13.2. If the User needs to send any notifications or requests to Midou Studio, they may do so by contacting the official customer service email address: . Midou Studio shall process lawful requests and feedback in a timely manner.
Article 14: Miscellaneous
14.1. The phrase "including but not limited to" in this agreement implies that the listed items are examples and not an exhaustive list of all possible scenarios.
14.2. This agreement is originally written in English. Any conflicts or inconsistencies between the original and translated versions shall be interpreted by Midou Studio.
Chenyu Xu
Updated on: November 20, 2024