DoctorGameDoctorGame License and Service Agreement
Introduction
This DoctorGame License and Service Agreement (the "Agreement") is concluded between you and the provider of the DoctorGame services and has the force of a contract. Please read and fully understand each provision carefully, in particular the provisions that exempt or limit DoctorGame's liability (the "Exemption Clauses"), the provisions that restrict users' rights (the "Restriction Clauses"), the provisions that specify the method of dispute resolution and judicial jurisdiction, and any separate agreement for enabling or using a particular service. The foregoing exemption, restriction, dispute resolution and jurisdiction clauses may be brought to your attention in bold type, by colour marking or by other reasonable means, including but not limited to Articles 2, 3, 4, 6 and 9 of this Agreement. Please read those provisions again before you confirm your acceptance of this Agreement or before you use the DoctorGame services.
Please read all provisions of this Agreement in detail. If you agree to this Agreement, you may continue to use the DoctorGame services. If you have any questions, complaints or suggestions about this Agreement or the DoctorGame services, you may contact us at the DoctorGame customer service email [email protected]; we will follow up as soon as possible and respond to your request within the period prescribed by laws and regulations. By clicking "Agree", "Accept" or "Next", or by registering for or using the DoctorGame services, you are deemed to have read and agreed to enter into this Agreement.
If you are under 18 years old, please read this Agreement together with your legal guardian, and use the DoctorGame services only after obtaining your legal guardian's consent, paying particular attention to the provisions on minors. If you are the legal guardian of a minor and wish to set reasonable entertainment time for the child and help the child develop healthy entertainment habits, you may log in to the DoctorGame Parental Guardian Platform in accordance with the relevant rules to learn more. If you use the Parental Guardian Platform, you shall comply with the Parental Guardian Platform License and Service Agreement published on that platform.
1. [Definitions]
1.1 "This Agreement": means the body of this Agreement, the DoctorGame Privacy Policy, the privacy policy of a specific entertainment product (if any), the entertainment rules and their revised versions. Once the foregoing are officially published, they form an integral part of this Agreement. This Agreement also includes the Mandatory Provisions for Standard-form Network Entertainment Service Agreements.
1.2 "Entertainment Rules": means the user code of conduct, user terms, entertainment announcements, tips and notices concerning DoctorGame that the provider of the DoctorGame services publishes and revises from time to time.
1.3 "Provider of the DoctorGame services": means the operator that provides DoctorGame and its services to you (the "Operator", whose specific details are set out at the end of this Agreement), referred to in this Agreement as "DoctorGame" or "we/us".
1.4 "DoctorGame": means the collective term for the entertainment products operated by us, including PC client entertainment, web entertainment, HTML5 entertainment (H5 entertainment), mobile terminal entertainment, television terminal entertainment and other forms of entertainment, and also including entertainment provided in the form of WeChat mini entertainment. DoctorGame may be provided in the form of software, in which case DoctorGame also includes the relevant software and related documentation.
1.5 "DoctorGame Services": means the various online operation services relating to entertainment that we provide to you.
1.6 "You": also referred to as the "user", means the natural person authorised to use DoctorGame and its services.
1.7 "Entertainment Data": means the various data recorded by the servers that is generated in the course of your use of DoctorGame, including but not limited to character data, virtual item data, behavioural logs and purchase logs.
1.8 "Entertainment Virtual Items": means the service we provide that is stored as electromagnetic records on the servers on which the entertainment program runs, that can realise a specific function set by the entertainment program or reflect a specific result of the operation of the entertainment program, and that may be expressed in text, graphical or other digital forms. Entertainment Virtual Items form part of the entertainment services. Common Entertainment Virtual Items include but are not limited to:
(1) entertainment tokens and various other entertainment currencies. "Entertainment tokens" means a type of Entertainment Virtual Item that a user purchases directly or indirectly with legal tender at a certain ratio, that is stored on the specific entertainment server, and that may only be used to exchange for other virtual items and other value-added services designated in that specific entertainment product;
(2) entertainment equipment, such as weapons;
(3) heroes, skins and various other Entertainment Virtual Items.
2. [DoctorGame Account]
2.1 If you wish to use and enjoy DoctorGame, you need to use a WeChat account over which you hold the right of use (WeChat mini entertainment) or another account recognised by us to apply for and register an entertainment account, and, in accordance with the relevant requirements of national laws and regulations, log in to the real-name registration system and complete real-name registration. Your application for and use of that WeChat account or other account recognised by us shall comply with the relevant account usage rules of the WeChat platform (such as the WeChat Software License and Service Agreement and the WeChat Personal Account Usage Rules) and with the account registration and usage rules that we revise and publish from time to time.
When you complete real-name registration, you shall provide true, lawful, accurate and valid identity information about yourself and other relevant information, and you may not carry out real-name registration using another person's identity information. In addition, in order to prevent the misuse of personal information and to prevent circumvention of anti-addiction measures, the number of entertainment accounts that may be verified with the same identity information will be limited by the WeChat platform real-name authentication system (the Health System) and may not exceed a reasonable number. Otherwise, we have the right to take one or more of the measures set out in the second paragraph of Article 6.5 of this Agreement and to publish the outcome of that action; all consequences arising therefrom shall be borne by you, and we have the right to require you to compensate us for all losses caused to us as a result.
In order to satisfy the requirements of relevant laws, regulations, policies and competent authorities, you shall provide true identity information for account registration and login. We will verify your true identity information through the WeChat platform real-name authentication system (Health System / anti-addiction system). To achieve the foregoing purpose, you agree that we may verify with the WeChat platform real-name authentication system the real-name authentication status of the WeChat account you currently use to register and log in; if that account has completed real-name authentication in the WeChat platform real-name authentication system, you further agree that the system may disclose age information to us, so as to confirm whether that account should be included in the anti-addiction system and which anti-addiction measures should be adopted. You also agree that we may, through that system, submit your name and identity card number to the national unified electronic identity authentication system for minors' online entertainment for true identity verification.
If that account has not completed real-name authentication in the WeChat platform real-name authentication system, we will be unable to provide services to you. If you still wish to use our products and services, you shall complete real-name authentication in that system for the WeChat account you currently use to register and log in; during real-name authentication, that system will collect your real-name identity information (including your name and identity card number).
At the same time, for the purpose of verifying authenticity, the WeChat platform real-name authentication system may, in accordance with its minor protection policies, from time to time require you to provide further sensitive personal information (including your mobile phone number, photographs or facial recognition information) either when you complete real-name authentication for the WeChat account you currently use to register and log in or while you use a real-name-authenticated WeChat account to log in to entertainment and use entertainment services, and may compare that information with your real-name information records in the system, real-name information records held by telecommunications operators, or data sources of the authoritative public security data platform. If you refuse to provide the foregoing information or fail the comparison, you may be unable to continue to use our products and services, or your use may be restricted. Verification data relating to facial recognition is used after encryption solely for comparison with data sources of the authoritative public security data platform, and we will not retain it.
When you register an account or use the DoctorGame services, if we discover that your account may present abnormal circumstances or risks relating to fraud, we have the right to re-verify your account in accordance with relevant laws and regulations and, depending on the risk, to take measures such as ordering correction within a time limit, restricting functions, suspending use, closing the account, prohibiting re-registration and other measures provided for in this Agreement.
2.2 You further acknowledge and agree that, in guest mode, you may be unable to make entertainment top-ups or purchases, and may be unable to use comment and posting services (including in-game communication, group chat, chat rooms and similar functions). In addition, once you uninstall or reinstall the entertainment product, or change your mobile phone, computer or other terminal device, or such terminal device is damaged, all entertainment-related data in your guest mode may be cleared and cannot be queried or recovered. Any loss you suffer as a result shall be borne by you.
If you use a third-party account recognised by us to apply for and register an entertainment account and to enjoy entertainment, you shall also comply with the agreements and rules relating to that third-party account. You shall contact that third party directly to resolve any issues arising from that third-party account, including but not limited to its being stolen; we may provide appropriate assistance as the circumstances require.
2.3 You fully understand and agree that we will use your real-name registration information (including the relevant real-name authentication and age information) in the anti-addiction system in accordance with relevant national requirements; that is, we will determine from your real-name registration information whether you are at least 18 years old, whether the real-name identity information you submitted is compliant, and whether real-name verification has been passed, and will accordingly decide whether anti-addiction restrictions should be applied to your entertainment account.
2.4 You fully understand and agree that we have the right, in accordance with the requirements of laws and regulations, to verify whether the identity information provided by a user at registration is true and valid, and that we shall actively adopt reasonable technical and managerial measures to safeguard the security and validity of user accounts; users are obliged to keep their accounts and passwords properly and to use them correctly and securely. If we discover that your account may present abnormal circumstances or risks, we have the right to re-verify your account in accordance with relevant laws and regulations. If either party fails to fulfil the above obligations, resulting in the loss of an account password or the theft of an account, and thereby causing damage to the civil rights of the user or others, that party shall bear the legal liability arising therefrom.
If you discover that another person is fraudulently using or misappropriating your entertainment account and password, or that any other use has occurred without your lawful authorisation, you shall immediately notify us by effective means (you may contact us at the DoctorGame customer service email [email protected]). When notifying us, you shall provide valid personal identity information consistent with the identity information you used at registration. After we receive your valid request and verify your identity, we will take appropriate measures in light of the specific circumstances (including but not limited to suspending the login and use of that account). Any loss caused to you or other users as a result of our taking measures based on your request shall be borne by you. If you fail to provide valid identity information, or the valid personal identity information you provide is inconsistent with the identity information used at registration, we have the right to refuse your request, and any loss you suffer as a result shall be borne by you.
2.5 You fully understand and agree that, in order to use server resources efficiently, if you have not used that entertainment account to log in to the corresponding entertainment product for 3 years, we have the right, upon prior notice, to take measures such as deleting that account and the Entertainment Data and related information under it.
2.6 An entertainment account is an identifier and credential that we authorise you to use to log in to and use entertainment and related services under this Agreement, and its ownership belongs to us. You enjoy only the right to use the entertainment account in accordance with this Agreement, the relevant account usage agreements of the WeChat platform, the account usage agreement and any special rules we publish for that purpose. You may not provide your entertainment account to others for use in any manner, including but not limited to transferring, renting out or lending it to others for commercial use such as live streaming, recording, or playing on another's behalf. Otherwise, you shall bear all legal consequences and liability arising therefrom, and we have the right to take measures against your entertainment account including but not limited to issuing warnings, restricting or prohibiting the use of all or part of the entertainment account's functions, deleting the entertainment account and Entertainment Data and other related information, and banning the account up to and including deregistration; all consequences arising therefrom shall be borne by you.
2.7 Where DoctorGame provides an account deregistration function, if you need to deregister your entertainment account, you may do so in accordance with the account deregistration guidance officially provided by the entertainment product, and you shall ensure that you satisfy the relevant conditions for entertainment account deregistration published officially by the entertainment product, and you agree to the entertainment account deregistration agreement and other relevant rules officially published by the entertainment product.
You are also specifically reminded that, if you deregister your entertainment account, the Entertainment Virtual Items and other value-added services under that entertainment account (also collectively referred to below as "Entertainment Benefits" for ease of description) will also be cleared. Accordingly, before deregistering this entertainment account, please ensure that you have properly dealt with the Entertainment Benefits under that entertainment account or that the relevant Entertainment Benefits have been settled. Once you deregister this entertainment account, if any Entertainment Benefits remain under that entertainment account at that time (including but not limited to Entertainment Virtual Items and other entertainment value-added services that have been generated during your use of this entertainment product but have not yet expired or been used, and Entertainment Benefits that may arise in the future), you are deemed to have voluntarily waived those Entertainment Benefits, and we have the right to clear all Entertainment Benefits under that entertainment account; the consequences arising therefrom shall be borne by you. The foregoing Entertainment Benefits include but are not limited to: entertainment membership benefits and levels; all data relating to the growth and levelling up of entertainment characters (including but not limited to experience points, honour points, reputation points and titles); Entertainment Virtual Items not yet used (such as vouchers, coins, diamonds and others); other value-added services already purchased but not yet expired or not yet fully used; and other Entertainment Benefits already generated but not yet fully consumed or expected in the future.
3. [Collection, Use and Protection of User Information]
3.1 You agree and authorise us to collect your personal information for the purpose of performing this Agreement. In the course of your use of the DoctorGame services, we will collect, in the manner prescribed by the DoctorGame Privacy Policy and the privacy policy of a specific entertainment product (if any), the information you voluntarily provide when using the services or that is generated by your use of the services, in order to provide and optimise our services and to safeguard the security of your account.
3.2 If we send you activity information, promotional information and other information about DoctorGame, the collection and use of your personal information will be governed by the DoctorGame Privacy Policy and the privacy policy of a specific entertainment product (if any).
3.3 You acknowledge and agree that, if a competent state authority requires us, in accordance with laws and regulations, to assist in investigating your entertainment account (including real-name identity information) and entertainment-related data (such as top-up, purchase and transaction data), or to restrict or freeze your entertainment account, we may provide the foregoing information to that competent state authority or restrict or freeze the account as required.
3.4 You shall fully respect the personal information of any person, including but not limited to other users, that you learn of, receive or may come into contact with through DoctorGame and related services. You shall not collect, copy, store, disseminate or otherwise use the personal information of other users; otherwise, the consequences arising therefrom shall be borne by you.
3.5 Protecting users' personal information and privacy is one of our fundamental principles. The collection, use and protection of users' personal information by the DoctorGame services will be governed by the DoctorGame Privacy Policy, the privacy policy of a specific entertainment product (if any) and other agreements. If you have already consented to our processing of your personal information in accordance with the foregoing agreements or provisions and later withdraw that consent, then, as a matter of law, your withdrawal of consent does not affect the validity of personal information processing activities already carried out on the basis of your consent before the withdrawal.
4. [DoctorGame Services]
4.1 Provided that you comply with this Agreement and the relevant laws and regulations, we grant you a personal, non-transferable and non-exclusive licence to use the DoctorGame services. You may use the DoctorGame services only for non-commercial purposes, including:
(1) receiving, downloading, installing, launching, upgrading, logging in to, displaying, running and/or taking screenshots of the entertainment product;
(2) creating entertainment characters, setting screen names, reviewing entertainment rules, user profiles and entertainment match results, opening entertainment rooms, configuring entertainment parameters, purchasing and using Entertainment Virtual Items within entertainment, and using chat functions and social sharing functions;
(3) using any other one or more functions supported and permitted by DoctorGame.
4.2 In the course of using the DoctorGame services, you may not record, live-stream or otherwise disseminate entertainment content to others without permission, including but not limited to using any third-party software for online live streaming or dissemination.
4.3 Where the entertainment product is provided in the form of software, your use of the entertainment product and the entertainment services shall also comply with the provisions on software licensing in Article 5 of this Agreement.
4.4 All other rights not expressly granted in this Article or in other provisions of this Agreement remain reserved by us, and you must obtain our separate written permission to exercise those rights.
4.5 If you breach any provision of this Agreement, we have the right to take one or more of the measures set out in the second paragraph of Article 6.5 of this Agreement and to publish the outcome, and/or to require you to compensate us for all losses caused to us by your breach.
4.6 You fully understand and agree that we have the right, based on our reasonable judgement, to deal with conduct that violates relevant laws and regulations or the provisions of this Agreement, to take appropriate legal action against any user who breaks the law or regulations, and to retain relevant information and report it to the relevant authorities in accordance with laws and regulations; the user shall independently bear all legal liability arising therefrom. In the course of providing entertainment services to you, if we discover leads or risk information relating to fraud or criminal activity, we have the right, in accordance with relevant national provisions and depending on the type and degree of fraud risk, to refer the matter to the competent public security, financial, telecommunications, cyberspace and other authorities.
4.7 You fully understand and agree that, if your breach of this Agreement or of the relevant terms of service causes or gives rise to any claim, demand or loss asserted by a third party, you shall bear liability independently; if we suffer losses as a result, you shall also compensate us for them.
4.8 You fully understand and agree that Entertainment Virtual Items and other entertainment value-added services are all part of the entertainment services, and that we hereby license you to obtain the right to use them in accordance with this Agreement. Your purchase and use of Entertainment Virtual Items and other entertainment value-added services shall comply with this Agreement and the specific entertainment rules. In addition, Entertainment Virtual Items and other entertainment value-added services may be subject to a certain validity period; even if you do not use them within the specified validity period, once that period expires they will automatically cease to be valid, except in cases of force majeure or where the cause is attributable to us. If the relevant Entertainment Virtual Item or other entertainment value-added service does not indicate a period of use, or indicates a period of use described as "permanent" or with wording having the same or a similar meaning to "permanent" (such as "indefinite" or "unlimited"), then its period of use runs from the date you obtain that Entertainment Virtual Item or other entertainment value-added service until the date the entertainment product ceases operation.
You fully understand and agree that, in order to better provide entertainment services to users, we have the right to adjust, update or optimise entertainment-related content (including but not limited to the design, performance and related numerical settings of Entertainment Virtual Items).
4.9 You fully understand and agree that, in order to safeguard the security of your entertainment account and to create a fair, healthy and safe entertainment environment, we may, in the course of your use of the entertainment services and without violating the relevant legal provisions, use technical means to learn about the random access memory of your terminal device and the programs running at the same time as the entertainment product. Upon discovering any unauthorised program that harms the normal operation of the entertainment services, we may take reasonable measures to counter it.
4.10 You fully understand and agree that, in order to create a fair, healthy and safe entertainment environment, to encourage fair competition among users and to improve your and other users' entertainment experience, we have established and implemented the DoctorGame credit rating system. You agree to comply with the DoctorGame Credit Platform Service Agreement and other relevant rules on credit ratings that we publish.
4.11 We will, in accordance with the relevant laws and regulations and the provisions of this Agreement, take effective measures to protect the lawful rights and interests of minors in the course of their use of the entertainment services, including possibly adopting technical measures, preventing minors from coming into contact with inappropriate entertainment or entertainment functions, restricting minors' entertainment time and preventing minors from becoming addicted to the internet. As part of the entertainment rules, we will also publish entertainment user guidance and warnings in appropriate places, including an introduction to the entertainment content, the correct way to use the entertainment product and ways to prevent harm from occurring. All minor users should read these guidelines and instructions carefully under the guidance of their legal guardians and follow them; other users should, in the course of using the entertainment services, avoid publishing or generating any content that is harmful to the physical or mental health of minors, and should jointly create a healthy entertainment environment.
4.12 You acknowledge and agree that, in any of the following circumstances, we have the right to include your entertainment account in the corresponding anti-addiction system and to adopt the corresponding anti-addiction measures:
(1) the system determines that you are under 18 years old; or
(2) the real-name identity information you submitted is not compliant; or
(3) your real-name verification has not been passed; or
(4) you log in in guest mode; or
(5) other circumstances required by the laws, regulations and policies of other countries, or where we have reasonable grounds to consider that inclusion in the anti-addiction system is necessary.
In addition, in order to further improve the accuracy of real-name authentication and to the greatest extent prevent minors from using another person's identity information, we may enable facial recognition verification in some entertainment products or for some users, or obtain your entertainment account information from third-party platforms, and, based on minor protection policies, identify and record your entertainment behaviour and determine whether that behaviour matches the characteristics of minors' entertainment behaviour. If we require you to undergo facial recognition verification and you fail it or refuse it, we will likewise include your entertainment account in the corresponding anti-addiction system and adopt the corresponding anti-addiction measures.
For entertainment accounts included in the corresponding anti-addiction system, we have the right to adopt one or more of the following measures in accordance with the relevant national laws, regulations and policies, other provisions of this Agreement, entertainment operation policies, or the reasonable requests of your legal guardian:
(1) providing information relating to your entertainment (including but not limited to the login information and top-up transaction information of your entertainment account) to your legal guardian, so that your legal guardian can learn about your entertainment situation promptly or in real time;
(2) limiting the spending amount on your entertainment account;
(3) adopting technical measures to block certain entertainment products or certain functions of the entertainment product, or limiting your entertainment time or entertainment duration;
(4) deregistering or deleting your entertainment account and related information such as Entertainment Data;
(5) other reasonable measures requested by your legal guardian or that we consider appropriate in order to restrict or prohibit your use of the entertainment product;
(6) relevant measures required by national laws, regulations or policies.
4.13 The provision of entertainment services to users is itself a commercial activity. Users have the right to decide for themselves whether to pay the corresponding fees in accordance with the charging items we determine (including but not limited to purchasing the right to use Entertainment Virtual Items within the entertainment product and accepting other value-added services and other charging items) and our fee standards, in order to obtain the corresponding entertainment services. If you do not pay the corresponding fees in accordance with the applicable standards, you will not be able to obtain the corresponding entertainment services.
You acknowledge and agree that changes to and adjustments of charging items or fee standards are a normal commercial practice, and you may not require us to pay damages or compensation because of such changes or adjustments.
You acknowledge and agree that, where you use legal tender to make entertainment top-ups to purchase or exchange Entertainment Virtual Items and other value-added services, the Entertainment Virtual Items and other value-added services you purchase or exchange may not be refunded or exchanged for legal tender, unless otherwise mandatorily provided by law.
You acknowledge and agree that, if a transaction in which you made an entertainment top-up to purchase or exchange Entertainment Virtual Items or other value-added services is cancelled or restored to its original state for reasons such as a refund or the transaction constituting an invalid civil act, we have the right to deduct the Entertainment Virtual Items and other value-added services corresponding to that cancelled or restored transaction that were credited to your entertainment account. If the Entertainment Virtual Items or other value-added services involved in the foregoing cancelled or restored transaction have already been gifted to other users, you, or where you are the recipient user, agree that we may deduct those Entertainment Virtual Items or other value-added services from the recipient's entertainment account. If, in your entertainment account or, where you are the recipient user, in the recipient's entertainment account, the Entertainment Virtual Items and other value-added services are insufficient for the deduction, we may, as to the shortfall, deduct it on a priority basis when Entertainment Virtual Items and other value-added services in your or the recipient's entertainment account are subsequently increased.
4.14 Under no circumstances shall we be liable for losses you suffer in the course of using the entertainment services that are caused by force majeure. Such force majeure events include but are not limited to national laws, regulations, policies and orders of state authorities and other governmental acts, as well as other unpredictable, unavoidable and insurmountable events such as earthquakes, floods, snowstorms, fires, tsunamis, typhoons, strikes and war.
4.15 The entertainment product may, due to bugs in the entertainment software, defects in a version update, third-party virus attacks or any other factor, cause abnormalities in your Entertainment Virtual Items and other account data or Entertainment Data. Before the cause of the data abnormality has been identified, we have the right to temporarily freeze that entertainment account; if it is identified that the data abnormality was caused by abnormal entertainment behaviour, we have the right to restore the entertainment account data to its original state before the abnormality occurred (including recovering transferred data from third parties), without assuming any liability to you. If the data abnormality was caused by your unlawful or non-compliant conduct or conduct in breach of this Agreement, we have the right to take one or more of the measures set out in the second paragraph of Article 6.5 of this Agreement.
You understand and agree that, where the entertainment product is deployed on multiple servers, in the course of operating the entertainment product, in order to improve its playability and interactivity and to create a better entertainment environment, we may, in light of factors such as the number of active users on the entertainment servers, adjust the number of servers as appropriate and temporarily or permanently merge or migrate users between several of those servers into the same server (a "server merge" or "zone merge").
If a server merge or zone merge occurs, we will notify you before the merge through an in-product announcement or other means and will publish the specific rules for the server merge or zone merge. A server merge or zone merge may cause changes to entertainment-related settings, experience and user-related entertainment data such as leaderboards, but will not involve adjustments to the functions of your Entertainment Virtual Items; see the specific rules for the server merge or zone merge officially published by the entertainment product. If a server merge or zone merge results in duplicate character names, team names (if any) or other related content, the entertainment product may assign new names at random to the duplicated content in order to distinguish them.
4.16 Without our permission, you may not trade Entertainment Virtual Items or other value-added services with other users on your own initiative, or obtain Entertainment Virtual Items or other value-added services from a third party by purchase, gift or any other means. We are not responsible for third-party transactions (a "third-party transaction" means your obtaining Entertainment Virtual Items or other value-added services from a third party by purchase, gift or any other means), and we do not accept appeals arising from disputes over any third-party transaction.
4.17 You fully understand that different operating systems are objectively not interoperable, that this is not caused by us, and that this may prevent your top-ups and entertainment data in one operating system from being smoothly transferred to another operating system. The risk of top-up losses and loss of entertainment data caused by your switching between different systems shall be borne by you, and we assume no liability in that respect.
4.18 You fully understand that the entertainment product may contain areas or game modes involving forced combat; if you do not agree to forced combat, please do not enter that entertainment product or entertainment area. Your entry will be deemed to constitute agreement to that game mode and acceptance of the corresponding consequences.
4.19 If we decide to cease operating the entertainment product on our own initiative, or if the entertainment product ceases operation for any other reason, we will handle matters relating to the cessation of operation in accordance with the relevant national laws and regulations on the cessation of online entertainment operations, so as to safeguard users' lawful rights and interests.
5. [Software License]
5.1 Using the entertainment services may require downloading and installing the relevant software. You may obtain that software directly from our relevant websites or from a third party authorised by us. If you obtain entertainment, or an entertainment product with the same name as the entertainment product, from a third party not authorised by us, it will be deemed that you have not obtained our authorisation, we cannot guarantee that the entertainment product will function normally, and we will not be liable for any loss caused to you as a result.
5.2 We may have developed different software versions for different terminal devices or operating systems, including but not limited to versions for Windows, iOS, Android, HarmonyOS NEXT and Nintendo Switch. You should choose the appropriate version to download and install according to your actual situation, and after downloading the installation program you need to install it correctly by following the steps indicated by that program.
5.3 Where the entertainment product is provided in the form of software, we grant you a personal, non-transferable and non-exclusive licence. You may download, install, log in to and use that entertainment product only for non-commercial purposes and on a single terminal device.
5.4 In order to provide a better and safer service, we may recommend that you install other software during software installation; you may choose to install it or not.
5.5 If you no longer need to use the software, or need to install a new version, you may uninstall it yourself. If you are willing to help us improve our products and services, please tell us the reason for uninstalling.
5.6 In order to ensure the security of the entertainment services and the consistency of their functions, we have the right to update the software, or to change or restrict the effect of some of its functions.
5.7 After a new version of the software is released, older versions may no longer be usable. We do not guarantee that older versions will continue to be available or that customer service will be provided for them; please check for and download the latest version at any time.
6. [User Code of Conduct]
6.1 You fully understand and agree that you must be responsible for all conduct under your entertainment account, including any content you publish and any consequences arising therefrom.
6.2 Apart from using the entertainment services in accordance with this Agreement, you may not engage in any act that infringes the intellectual property rights of the entertainment product, or in any other act that harms the lawful rights and interests of us or of any third party.
6.3 When using the entertainment product or the entertainment services, you must comply with laws and regulations and may not use the entertainment product or the entertainment services to engage in unlawful or non-compliant conduct, including but not limited to the following:
(1) violating the basic principles established by the Constitution;
(2) endangering national security, disclosing state secrets, subverting national policy or undermining national unity;
(3) harming the honour and interests of the State;
(4) distorting, denigrating, desecrating or denying the deeds and spirit of heroes and martyrs, or infringing the name, image, reputation or honour of heroes and martyrs by insult, defamation or other means;
(5) advocating terrorism or extremism, or inciting the commission of terrorist or extremist activities;
(6) inciting ethnic hatred or ethnic discrimination, or undermining ethnic unity;
(7) undermining the State's religious policies, or advocating cults and feudal superstition;
(8) spreading rumours and disturbing public order;
(9) disseminating obscene, pornographic, gambling, violent, homicidal or terror-related content, or abetting crime;
(10) insulting or defaming others, or infringing their reputation, privacy or other lawful rights and interests;
(11) offending against public morals;
(12) other content prohibited by laws, administrative regulations and national provisions.
You may not use the entertainment product or the entertainment services to produce, copy or publish undesirable information containing the following:
(1) exaggerated headlines where the content is seriously inconsistent with the headline;
(2) hyping gossip, scandals or disreputable conduct;
(3) improperly commenting on disasters such as natural disasters or major accidents;
(4) content with sexual innuendo or sexual provocation that readily gives rise to sexual associations;
(5) content showing blood, horror, cruelty or similar that causes physical or mental discomfort;
(6) content inciting group discrimination, regional discrimination and the like;
(7) content advocating vulgar, crude or pandering material;
(8) content that may induce minors to imitate unsafe behaviour or conduct contrary to public morals, or to develop bad habits;
(9) other content that adversely affects the online ecosystem.
6.4 Unless permitted by law or by our written permission, you may not engage in the following conduct:
(1) deleting copyright information from the entertainment software and its copies;
(2) reverse engineering, reverse assembling, reverse compiling or otherwise attempting to discover the source code or other confidential content of the entertainment software, including but not limited to entertainment elements that we have not yet made publicly available but that are sealed in the entertainment installation package;
(3) scanning, probing or testing the entertainment software in order to detect, discover or locate bugs or weaknesses that may exist in it;
(4) copying, modifying, adding to, deleting, linking or running, or creating any derivative work from, the entertainment software, the data released into any terminal memory during the operation of the software, the interaction data between the client and the server during the operation of the software, or the system data necessary for the operation of the software, in any form including but not limited to the use of plug-ins, cheats or third-party tools/services that are not lawfully authorised to access the software and related systems;
(5) modifying or forging the instructions or data used in the operation of the software, adding to, removing or altering the functions or operating effects of the software, or operating or disseminating to the public software or methods used for the foregoing purposes, whether or not for commercial purposes;
(6) using the entertainment product and the entertainment services through third-party software, plug-ins, cheats or systems that are not developed or authorised by us, or producing, publishing or disseminating third-party software, plug-ins, cheats or systems that are not developed or authorised by us;
(7) using, renting out, lending, copying, modifying, linking to, reproducing, compiling, publishing or printing content in the entertainment product in which we hold intellectual property rights, or creating mirror sites for it;
(8) creating mirror sites relating to the entertainment product, taking web snapshots, or using methods such as setting up servers to provide others with services identical or similar to the entertainment services;
(9) separating any part of the entertainment product for separate use, or otherwise using it in a manner inconsistent with this Agreement;
(10) using, modifying or obscuring the name, trademarks or other intellectual property of the entertainment product;
(11) other conduct not expressly authorised by us.
If the entertainment product includes an online platform through which multiple users can communicate entertainment information, users shall comply with laws and regulations, this Agreement and the relevant rules we establish for that platform (the "Platform Rules"), and may not use that platform to produce, copy, publish or disseminate information content prohibited by laws, regulations and relevant national provisions.
If a user (the "Creator") may, in accordance with the Platform Rules, create a corresponding entertainment communication section and allow other users to enter that section to produce, copy, publish or disseminate information content, the Creator and the administrators (that is, other users designated by the Creator as administrators) shall perform management responsibilities for that section and regulate online behaviour and information publishing within that section in accordance with laws and regulations, this Agreement and the Platform Rules. The Creator and administrators shall regulate the behaviour of other users in the section, promptly stop unlawful or non-compliant conduct in the section content, and be responsible for conduct carried out using the administrative permissions of that section. In respect of Creators and administrators who fail to perform their management duties, resulting in unlawful or undesirable information content appearing in an entertainment communication section, we will, depending on the specific circumstances, issue warnings and reminders, delete information, restrict or suspend their use of the entertainment communication section functions, permanently close the entertainment communication section, and have the right to take one or more of the measures set out in the second paragraph of Article 6.5 of this Agreement.
6.5 If, in the course of using the entertainment services, you commit any of the following acts (also referred to below as "unlawful or non-compliant conduct"), we have the right, depending on the severity of the circumstances and in accordance with this Agreement and the relevant entertainment rules, to take one or more of the measures set out in the second paragraph of this Article against you and to announce the outcome:
(1) using or uploading unlawful or inappropriate words, characters and other content in the entertainment product, including for character naming;
(2) disrupting the entertainment product or affecting the normal operation of the entertainment services in any manner, including but not limited to:
1) non-compliant and/or malicious registration for or login to the entertainment product, including but not limited to maliciously registering entertainment accounts in bulk and logging in to the entertainment product by breaking server authentication or maliciously flooding the servers;
2) maliciously engaging in conduct that may cause the entertainment servers to crash or lag, or cause other entertainment users to disconnect, experience latency or otherwise be unable to play normally, such as using DDoS attacks to conduct network traffic attacks on the entertainment servers or other users;
3) exploiting entertainment vulnerabilities to obtain benefits, to damage the entertainment environment or to cause adverse effects on other users;
4) conduct that disrupts other users' entertainment experience through passive play, including but not limited to maliciously harming or killing one's own teammates, malicious teaming, maliciously giving away or lowering scores, deliberately idling, fleeing, deliberately feeding kills, and other conduct that disrupts users' entertainment experience through passive play;
5) other conduct in which entertainment data appears abnormal and which affects fairness in entertainment;
(3) using various private servers or cheats;
(4) using entertainment synchronisers (including but not limited to using hardware synchronisers such as keyboards and mice so that a single keyboard and mouse can control multiple computers simultaneously and in synchrony for entertainment), as well as using various other hardware that can make your entertainment efficiency or benefit data appear abnormal (including but not limited to "auto-clickers", collectively referred to below as "cheating hardware");
(5) disseminating unlawful speech or inappropriate information;
(6) stealing other people's entertainment accounts or entertainment items;
(7) engaging in entertainment account trading, account sharing and other conduct affecting account security;
(8) without our permission, trading Entertainment Virtual Items or other entertainment value-added services with other users on your own initiative, or obtaining Entertainment Virtual Items or other entertainment value-added services from a third party by purchase, gift or any other means;
(9) making entertainment top-ups through discount channels not authorised or recognised by us, trading discounted entertainment items (for example, buying discounted skins at low prices through unofficial channels), entrusting a third party not authorised or recognised by us to make top-ups on your behalf, or using third-party software not authorised or recognised by us to make top-ups;
(10) implying or falsely claiming in some manner to be our internal staff or to hold some special status, in an attempt to obtain improper benefits or to affect the rights and interests of other users;
(11) conduct in breach of any provision of this Agreement or of any provision of national laws and regulations;
(12) other improper conduct widely recognised as such in the industry, or other non-compliant conduct published through the entertainment rules (including but not limited to the user code of conduct, user terms, entertainment announcements, tips and notices).
The measures provided for in the preceding paragraph include but are not limited to:
(1) a warning; and/or
(2) muting, including but not limited to muting across all entertainment zones, muting in a single zone and muting in public channels; and/or
(3) content reset, including but not limited to resetting or forcibly modifying unlawful information or content such as unlawful nicknames, room names and images that you provide or upload; and/or
(4) reducing or restricting your Entertainment Benefits, which include but are not limited to increases in all data relating to the growth and levelling up of entertainment characters within the entertainment product (such as experience points, honour points, reputation points and titles) and the acquisition of Entertainment Virtual Items and other entertainment value-added services within the entertainment product; and/or
(5) deleting or deregistering all or part of your entertainment accounts, Entertainment Data or other entertainment-related information; and/or
(6) restricting or prohibiting your entry into specific scenes within the entertainment product or your use of specific entertainment functions; and/or
(7) forcing you to exit the entertainment product (that is, "kicking you out of the entertainment product"), including but not limited to forcing you to exit the entire entertainment product, a single match within the entertainment product, or other entertainment activity you are carrying out; and/or
(8) temporarily or permanently prohibiting all or part of your entertainment accounts from logging in to the entertainment product (referred to below as "account banning"); and/or
(9) temporarily or permanently prohibiting the specific terminals involved in your unlawful or non-compliant conduct (including but not limited to PC terminals and mobile terminals) from logging in to the entertainment product; and/or
(10) suspending or terminating your use of the entertainment product and related services, or unilaterally notifying you of the termination of this Agreement; and/or
(11) bringing corresponding civil proceedings in respect of your unlawful or non-compliant conduct, pursuing your civil liability for infringement, breach of contract or otherwise, and claiming compensation for the losses we suffer as a result of your unlawful or non-compliant conduct (including our direct economic losses, loss of reputation or goodwill, and compensation payments, settlement costs, legal fees, litigation costs and other indirect losses incurred by us), or referring the matter to the relevant administrative authority for administrative penalties, or referring it to the judicial authorities for the pursuit of your criminal liability; and/or
(12) other measures published by us through the entertainment rules (including but not limited to the user code of conduct, user terms, entertainment announcements, tips and notices).
You acknowledge and agree that, because cheats and cheating hardware such as entertainment synchronisers are covert in nature or disappear once used, we have the right to determine whether you have used unlawful cheats or cheating hardware such as entertainment synchronisers based on your entertainment data and abnormal performance.
6.6 You acknowledge and agree that, if we ban your entertainment account in accordance with this Agreement, the specific duration of the ban will be determined by us according to the circumstances of your non-compliant conduct.
You acknowledge and agree that: (1) during the ban period, the Entertainment Virtual Items and other value-added services in your entertainment account will be unusable; and (2) if the foregoing Entertainment Virtual Items and other value-added services have a certain validity period, that period may expire during the ban, and after your entertainment account is unblocked you will be unable to use those expired Entertainment Virtual Items and other value-added services.
6.7 In order to comply with national laws and regulations on deep synthesis services and generative artificial intelligence services, and to promote the transparent use of AI-generated synthetic content, where the entertainment product has relevant functions/services, we will, as required by the relevant laws and regulations, add explicit labels in the AI-generated synthetic content or in the interaction interface of the specific function/service, and add implicit labels in the metadata of the file in which the synthetic content is generated (if any) (including production element information such as the attribute information of the generated synthetic content, the name or code of the service provider, and the content number). Please be sure to read and understand the relevant labelling management requirements carefully.
The specific methods of explicit labelling are as follows:
(1) text content: add "AI generated/synthesised" or other text or corner labels containing both AI elements and generation/synthesis elements at appropriate positions such as the beginning, end or middle of the text, or the top, bottom or background of the interaction interface;
(2) image content: add "AI generated/synthesised" or other labels containing both AI elements and generation/synthesis elements at the corners of the image;
(3) other scenarios: add "AI generated/synthesised" or other labels containing both AI elements and generation/synthesis elements at appropriate positions according to the application characteristics of the AI-generated synthesis service scenario itself.
The entertainment product will retain log information in accordance with laws, administrative regulations and relevant national provisions. If you disseminate the synthetic content generated by a specific function/service through the internet, you shall keep the above content labels accurate and complete. If the provisions of this Article are not expressly agreed or are inconsistent with a written document separately signed by you and us (including but not limited to the usage rules of the specific function/service), the provisions of that written document shall prevail.
7. [Intellectual Property]
7.1 We are the holder of the intellectual property rights in the entertainment products. All copyright, trademark rights, patent rights, trade secrets and other intellectual property rights and other lawful rights and interests in and to the entertainment products (including but not limited to the entertainment product as a whole, all artwork, music and written works and other entertainment constituent elements and components contained in the entertainment product, and the continuous dynamic images presented by the operation of the entertainment product), as well as all information content related to the entertainment products (including text, images, audio, video, charts, interface design, layout frameworks, related data and electronic documents), are protected by the laws and regulations of the People's Republic of China and the corresponding international treaties. We enjoy the foregoing intellectual property rights and lawful rights and interests, except for rights that relevant right holders are entitled to enjoy in accordance with the law. Without our prior written consent, you may not commercially use the entertainment products (including but not limited to the entertainment product as a whole, all artwork, music and written works and other entertainment constituent elements and components contained in the entertainment product, and the continuous dynamic images presented by the operation of the entertainment product) in any manner, or disseminate the entertainment content through information networks.
7.2 If the entertainment product includes platform functions or services that allow you to create, produce or upload relevant content yourself (referred to below as the "UGC Platform"), in respect of the content you create, produce, upload or publish using the UGC Platform (referred to below as "UGC Content"), you shall ensure that it is lawful and does not infringe the lawful rights and interests of others, and you shall comply with the relevant rules we publish on the UGC Platform (referred to below as the "UGC Platform Rules"). You also agree that:
(1) if the UGC Content contains entertainment content (including but not limited to the entertainment product as a whole, all artwork, music and written works and other entertainment constituent elements and components contained in the entertainment product, and the continuous dynamic images presented by the operation of the entertainment product) and/or other content in which we enjoy lawful rights and interests, then your commercial use of the UGC Content requires our written authorisation and consent and compliance with the corresponding UGC Platform Rules;
(2) in respect of the UGC Content, you agree to authorise us to use that UGC Content (the foregoing "use" includes but is not limited to use within or outside the entertainment product for purposes such as publicity, promotion and optimisation of the entertainment product, by means of reproduction, distribution, broadcasting, modification, adaptation, dissemination through information networks or otherwise; for ease of description, the rights to the foregoing use are collectively referred to below as the "Right of Use"), and at the same time to grant us the right to sublicense or further sublicense within the scope of the foregoing purposes of use. You undertake that such use by us will not infringe your intellectual property rights or other lawful rights and interests, or those of any third party;
(3) in respect of the UGC Content, except in circumstances expressly provided for in this Agreement, you may display or use that content in a reasonable and lawful manner, but may not infringe the lawful rights and interests of us or of third parties; in particular, you should avoid engaging, or authorising a third party to engage, in conduct that may affect the business operations of us or our affiliates. If you breach this, we reserve the right to pursue legal action;
(4) in order to better protect your rights, you authorise us to safeguard rights in our own name or by entrusting a professional third party against acts that infringe the lawful rights and interests in the UGC Content. The forms of such rights protection include but are not limited to monitoring infringing acts, sending rights protection letters, bringing lawsuits or arbitration, mediation and settlement. We have the right to make decisions on rights protection matters and to implement them independently. For litigation, arbitration and other rights protection actions that may affect your substantive interests, we will obtain your consent, confirmation or assistance in an appropriate manner;
(5) if, under the Copyright Law and other legal provisions, you enjoy moral rights of authorship in respect of the UGC Content, such as the right of publication, the right of authorship, the right of modification and the right to protect the integrity of the work, then, without prejudice to your lawful enjoyment of the relevant rights and interests, you agree that we may reasonably arrange the manner of attribution according to the specific use or usage scenario of the UGC;
(6) if the provisions of this Article are not expressly agreed or are inconsistent with a written document separately signed by you and us (including but not limited to the UGC Platform Rules), the provisions of that written document shall prevail.
7.3 Ownership and intellectual property rights in the Entertainment Data generated by you in the course of using the entertainment services belong to us, and we have the right to retain and dispose of that Entertainment Data, unless otherwise provided by national laws and regulations.
We enjoy the property rights provided by laws and regulations in the related data products and services formed through the lawful processing of Entertainment Data.
7.4 The entertainment product may involve the intellectual property of third parties, and where such third parties impose requirements on your use of that intellectual property within the entertainment product under this Agreement, we will inform you of those requirements in an appropriate manner, and you shall comply with them as well.
8. [Compliance with Local Laws and Regulations]
8.1 In the course of using the entertainment services, you shall comply with the relevant local laws and regulations and respect local morals and customs. If your conduct violates local laws, regulations, morals or customs, you shall bear liability for it independently.
8.2 You shall avoid involving us in political and public events through your use of the entertainment services; otherwise, we have the right to suspend or terminate our services to you.
9. [Jurisdiction and Governing Law]
9.1 The place of signing of this Agreement is within the territory of the People's Republic of China.
9.2 The formation, effectiveness, performance and interpretation of this Agreement and the resolution of disputes under it shall be governed by the laws of the mainland region of the People's Republic of China (excluding conflict-of-laws rules).
9.3 Any dispute or controversy between you and us arising from (and/or in connection with) this Agreement shall first be resolved through friendly negotiation; if negotiation fails, you agree to submit the dispute or controversy to the jurisdiction of a competent people's court.
9.4 The headings of all provisions of this Agreement are for ease of reading only, have no substantive meaning in themselves, and may not serve as a basis for interpreting the meaning of this Agreement.
9.5 If any provision of this Agreement is held invalid for any reason, the remaining provisions shall remain valid and binding on all parties.
10. [Miscellaneous]
10.1 We have the right to amend the provisions of this Agreement when necessary, and you may review the latest version of the Agreement on the relevant pages of the entertainment product. If you continue to use the entertainment services after the provisions of this Agreement have been amended, you are deemed to have accepted the amended Agreement.
10.2 We remind you: resist undesirable entertainment and refuse pirated entertainment; take care to protect yourself and guard against being defrauded; moderate entertainment benefits the mind, while addiction to entertainment harms the body; arrange your time reasonably and enjoy a healthy life.
Operator: DoctorGame