Terms Of Service
THIS SOFTWARE IS PROTOCOLD, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE GAME. IF YOU REJECT THE TERMS OF THIS AGREEMENT YOU MAY CHOOSE NOT ENTER THE GAME.
Grant of a Limited Use Protocol.
If you agree to this Protocol Agreement, you may install the computer software (hereafter referred to as the "Game Client") onto your computer for purposes of playing the Game by registering for and accessing an account with the Service (the "Account"). Subject to your agreement to and continuing compliance with this Protocol Agreement, the operator hereby grants, and you hereby accept, a limited, non-exclusive Protocol to (a) install the Game Client on one or more computers owned by you or under your legitimate control, and (b) use the Game Client in conjunction with the Service for your non-commercial entertainment purposes only, with the sole exception that you may install the unmodified Game Client on an unlimited number of computers located at a bona fide cyber café or computer gaming center owned by you or under your legitimate control for use by users with a registered Account. Any and all uses of the Game Client are subject to this Protocol Agreement which you must accept before you can play the Game.
Additional Protocol Limitations.
The Protocol granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "Protocol Limitations"). Any use of the Game in violation of the Protocol Limitations will be regarded as an infringement of The operator's copyrights in and to the Game. You agree that you will not, under any circumstances, commit any acts that threaten or harm the Game environment, including but not limited to the following:
A. in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game; provided, however, that you may make one (1) copy of the Game Client and the manuals that accompany it for archival purposes only;
B. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the experience;
C. exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose not otherwise expressly set forth herein, including without limitation (a) for gathering in-game currency, items or resources for sale outside the Game; or (b) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
D. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, the operator may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
E. modify or cause to be modified any files that are a part of the Game Client in any way not expressly authorized by the operator;
F. host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by the operator in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
G. facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by the operator;
H. sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, or rent, lease or Protocol the Game to others.
I. Honest credit principle is basic principle on purchase option, once an account(or player) make any purchase option and gain items, resource or any other kinds of service, if any account(or player)has any misunderstanding or suggestion or requirement with game, should contact via in-game feedback system of official service email, if any account(or player) does not choose option above and make refund option, should contact via in-game feedback or official service email to deduct items, resource or service obtained via relevant purchase. If the player still keeps or use items, resource or service obtained via refund purchase, We will take option including but not limited to retrieving the items that have been obtained abnormally, transacted, deducting the credits and any other in-game data and freezing the account temporarily or permanently.
Note that if the Game Operator judges you to be threatening or harming the Game environment in any way (included but not limited to the above), the Operator reserves the right to temporarily or permanently freeze your Account in order to protect the Game environment.
Ownership & transaction of the virtual items.
The application is an online game. ALL of your purchases and gameplay behaviors directly affect the game experience of other players. According to this principle, none of your purchases can be refunded. Please consider carefully before you complete purchases of any kind.
A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or Protocold by the operator. The Game is protected by the copyright laws of PRC and the United States, international treaties and conventions, and other laws. The Game may contain materials Protocold by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Protocol Agreement.
B. You may permanently transfer all of your rights and obligations under the Protocol Agreement to another only by physically transferring the original media (e.g., the CD-ROM or DVD you purchased), all original packaging, and all Manuals or other documentation distributed with the Game; provided, however, that you permanently delete all copies and installations of the Game in your possession or control, and that the recipient agrees to the terms of this Protocol Agreement. The transferor (i.e., you), and not the operator, agrees to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game.
C. All the ownership, licensing right and other rights in the game belong to the operator, including but not limited at the Gems, bind Gems, Items, resource and other materials and props in the game. Any sale, abnormal abtain, transfer or transactions of those virtual items happened out of the game or in the "reality" shall not be protected by the operator. Therefore, you must not exchange the "real" currencies or deal with other worthy things out of the game. The operator has the unilateral right to take measures to protect the service and the software if the operator asserts that you breach this term, including but not limited at retrieving the items that has been abtain abnormally, transacted, deducting the credits and freezing the account temporarily or permanently.
D. for the users who did not log in the game for a period of time, the operation team has the right to turn the Gems into bound Gems out of the protection of the account safety and the statistical concern. This operation will not affect the user's normal use of Gems and the game experience.
Consent to Monitor.
WHEN RUNNING, THE GAME MAY MONITOR YOUR DEVICE'S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 2. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE GAME MAY (a) COMMUNICATE INFORMATION BACK TO THE OPERATOR, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
This Protocol Agreement is effective until terminated. You may terminate the Protocol Agreement at any time by (i) permanently destroying all copies of the Game in your possession or control; (ii) removing the Game Client from your device; and (iii) notifying the operator of your intention to terminate this Protocol Agreement. The operator may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, all Protocols granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Game Client from your device.
Patches and Updates.
The operator may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game. The operator may update the Game remotely including without limitation the Game Client residing on the user's machine, without the knowledge of the user, and you hereby grant to the operator your consent to deploy and apply such patches, updates and modifications.
Duration of the "On-line" Component of the Game.
Limitation of Liability, Indemnity.
NEITHER THE OPERATOR NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER THE OPERATOR NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. THE OPERATOR SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, DEVICE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL THE OPERATOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall the operator's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you to the operator during the six (6) months immediately prior to the time such claim arose. You hereby agree to defend, indemnify and hold the operator harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by the operator arising out of or from your use of the Game.
You hereby agree that the operator would be irreparably damaged if the terms of this Protocol Agreement were not specifically enforced, and therefore you agree that The operator shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Protocol Agreement, in addition to such other remedies as the operator may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Protocol Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
Changes to the Agreement.
The operator may replace this Agreement with new versions (each a "New EUPA") over time as the Game and the law evolve. This Agreement will terminate immediately upon the introduction of a New EUPA, and you will be given an opportunity to review and accept the New EUPA. If you accept the New EUPA, and if the Account registered to you remains in good standing, you will be able to continue playing the Game subject to the terms of the New EUPA. If you decline to accept the New EUPA, or if you cannot comply with the terms of the New EUPA for any reason, you will no longer be permitted to play the Game. New EUPAs will not be applied retroactively. The operator may change, modify, suspend, or discontinue any aspect of the Game at any time. The operator may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
I hereby acknowledge that I have read and understand the foregoing Protocol Agreement and agree that by installing the Game Client. I am acknowledging my agreement to be bound by the terms and conditions of this Protocol Agreement.