Welcome to Shengqu Games Limited !
We offer a diverse range of services to our users. Your use of our products and services (“services” or “our services”) is subject to these Terms of Service (these "Terms") – so please read them carefully.
Thank you for reviewing these Terms – we hope you enjoy using our services.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Subject to your compliance with these Terms, Shengqu Games grants to you a non-exclusive, personal, worldwide, non-transferable and revocable limited license to access and use the Services solely for your own non-commercial entertainment purposes by accessing the Services through a web browser or mobile device. You explicitly agree that you will not use the Services for any other purpose other than as provided for by these Terms. You agree not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract source code of the Services or to allow or assist anyone else to do so.
Shengqu Games expressly reserves the right to deny anyone access to the Services at any time for any reason with or without notice. You agree that Shengqu Games may cease providing the Services or change the content of the Services at any time for any reason with or without notice to you without liability.
You represent that you are thirteen (13) years old or older. YOU MUST BE THIRTEEN (13) YEARS OF AGE OR OLDER TO USE THE SERVICES. If you are between the ages of thirteen (13) and eighteen (18)( or the relevant age in your jurisdiction where you are considered a minor), you represent that your legal guardian has reviewed and agrees to these Terms. If you are using our services on behalf of a company, partnership, association, government or other organisation (your “Organisation”), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms. In such circumstances “you” will include your Organisation.
If you access the Services from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
You may not use the Services if you are barred from using the Services under the laws of the Cayman or other countries, including the country in which you are resident or from which you use the Services. You agree that your use of the Services will comply with all applicable laws, regulations and ordinances including, but not limited to, the export laws of Hong Kong relating to software and data.
We may translate these Terms into multiple languages. In the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent of the difference and to the extent permitted by applicable laws and regulations).
You may be required to register and establish an account in order to use the Services. You agree to provide accurate and complete registration information, and you will be responsible for keeping your password confidential.
Your account is unique to you, and you may neither transfer (or otherwise make available) your account to others, nor use anyone else’s account at any time. If you distribute your account or related information, Shengqu Games reserves all rights to terminate your account immediately and without refund.
You are responsible for maintaining the confidentiality of your account information (including usernames, passwords and billing information). Shengqu Games is not liable for any loss that you may incur as a result of someone else using your account, whether or not that activity is authorized by you.
You are liable for any losses or damages incurred by Shengqu Games or any third party as a result of someone else using your account. In the event of theft, unauthorized use, or any other breach of security on your account, you must notify Shengqu Games immediately.
You are responsible for any and all activities that occur under or in connection with your account created in order for you to use the Services.
We will regard all use of your account on our services as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.
All materials that are part of the Services (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Services are copyrighted under the Hong Kong copyright laws and/or similar laws of other jurisdictions.
You agree that no materials that are part of the Services may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Shengqu Games’ express prior written permission, except that the foregoing does not apply to your own User Content (as defined below). All other uses of copyrighted material, including any derivative use, require express prior written permission from Shengqu Games. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
Shengqu Games and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Shengqu Games. You acknowledge that you do not acquire any ownership rights by using the Services or by accessing any materials posted on the Services by Shengqu Games, or any derivative works thereof.
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Shengqu Games game client, and the Shengqu Games game clients and server software) are owned by Shengqu Games. Shengqu Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SHENGQU GAMES.
Any data, text, graphics, photographs and their selection and arrangement, (“User Content”) uploaded to the Services are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Shengqu Games. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Shengqu Games is not responsible for any files users upload, post, or otherwise make available. Shengqu Games may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Services. By using the Services you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Shengqu Games will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. Shengqu Games reserves the right to remove and permanently delete any User Content from the Services with or without notice.
You agree that you are willingly publishing the User Content on the Services using technology and tools provided by Shengqu Games. You understand and agree that you may not distribute, sell, transfer or license your User Content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of Shengqu Games. You grant Shengqu Games the right to act as an agent for User Content on your behalf as operator of the Services.
Shengqu Games reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Shengqu Games chooses, in its sole discretion, to monitor the Service, Shengqu Games nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Shengqu Games have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Shengqu Games games. Shengqu Games reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Shengqu Games to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Shengqu Games access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The Services may include an opportunity to purchase virtual, in-game currency (“Virtual Currency”) that may require you to pay a fee using “real money” to obtain the Virtual Currency. The Services may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Shengqu Games for “real money” or for Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from Shengqu Games or any other party. You understand that you have no right or title in Virtual Goods or Virtual Currency.
Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, transferable, except in Shengqu Games’s sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Services. Doing so is a violation of the Terms and may result in termination of your account with the Services and/or legal action.
Shengqu Games retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods and services are subject to change without notice.
YOU ACKNOWLEDGE THAT SHENGQU GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
You understand that the Service is an evolving one. Shengqu Games may require that you accept updates to the Service and to Shengqu Games's games you have installed on your device or computer. You acknowledge and agree that Shengqu Games may update the Service and Shengqu Games games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Shengqu Games games.
By continuing to use our services after we make any changes to these Terms or our services, with or without notice from us, you are agreeing to be bound by these revised Terms.
The Services may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other users of the Services. Shengqu Games has no obligation to monitor these Communication Channels, but Shengqu Games may do so and reserve the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at our sole discretion. Shengqu Games may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Shengqu Games, and these communications should not be considered reviewed or approved by Shengqu Games. Shengqu Games will not under any circumstance be liable for any activity within Communication Channels.
You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. Shengqu Games is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
You agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Services in order to:
post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users’ computers violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity) attempt to obtain passwords or other private information from other members improperly use support channels or complaint buttons to make false reports to Shengqu Games develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable license agreements exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services.
WITHOUT LIMITING ANY OTHER REMEDIES, SHENGQU GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR SHENGQU GAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND SHENGQU GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, SHENGQU GAMES MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF SHENGQU GAMES BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, SHENGQU GAMES MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
SHENGQU GAMES RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
You agree that your use of the Services shall be at your sole risk, and that Shengqu Games provides the Services on an “as is” basis. To the fullest extent permitted by law, Shengqu Games, its Affiliates, officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Shengqu Games HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED. Shengqu Games makes no warranties or representations about the accuracy or completeness of the content of the Services and of the content of any sites linked to the Services; Shengqu Games assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.
SHENGQU GAMES DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT ALL TIMES OR ALL LOCATIONS, OR THAT SHENGQU GAMES WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SHENGQU GAMES IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT SHENGQU GAMES IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION.
IN NO EVENT WILL SHENGQU GAMES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU FURTHER AGREE THAT SHENGQU GAMES IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SHENGQU GAMES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES, AND THAT THE RISK OF THE SERVICES AND THE THIRD PARTY WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU, INCLUDING DAMAGE OR LOSS OF ANY KIND.
UNDER NO CIRCUMSTANCES WILL SHENGQU GAMES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE SHENGQU GAMES PARLOR IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM.
You agree to defend, indemnify and hold Shengqu Games harmless from and against any claim, liability, loss, injury, damage, cost, or expense, including attorneys’ fees and costs, incurred by Shengqu Games, arising out of or resulting from your access or use of the Services including, but not limited to, your breach or alleged breach of any term, condition, obligation, representation or warranty contained in these Terms; any User Content posted, transmitted or provided by you or on your behalf; your violation of any third party’s intellectual property or other legal rights; and the illegal or improper use of your user account.
You acknowledge and agree that the rights granted to you and your obligations to Shengqu Games under these Terms are unique and irreplaceable in nature, and the loss of which will irreparably harm Shengqu Games and cannot be compensated by monetary damages alone. You agree that Shengqu Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to monetary damages only.
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Shengqu Games shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Shengqu Games.
If a dispute arises between you and Shengqu Games, we strongly encourage you to first contact us directly to seek a resolution by sending a letter to our customer e-mail: [email@example.com].
By visiting or using the Services, you agree that the laws of Hong Kong, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Shengqu Games. Any claim or dispute between you and Shengqu Games that arises in whole or in part from your use of the Services shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
Shengqu Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Shengqu Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Shengqu Games's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
If you are a user of our services in the United States of America, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
If you are a user of our services in Australia, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by applicable laws and regulations.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable laws and regulations which cannot lawfully be excluded, restricted or modified.
If any guarantee, condition, warranty or term is implied or imposed by any applicable laws and regulations and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.