End User License Agreement
The software is licensed only, not for sale. Imperium Interactive Entertainment Limited. (hereinafter referred to as " Imperium Interactive " or " Imperium Interactive Company ") reserves all rights not expressly licensed to you. This Agreement is used to regulate your use of software, applications, physical materials, upgrades, patches, updates and other related services (hereinafter collectively referred to as "products") currently or in the future provided by Imperium Interactive Company or any of its affiliates.
1. Please read carefully all clauses in this End User License Agreement (hereinafter referred to as "User Agreement" or "This Agreement"), including but not limited to clauses exempting or restricting Imperium Interactive's responsibilities, clauses restricting the rights of users and clauses stipulating the application of laws, dispute resolution and jurisdiction, and choose whether to accept this User Agreement or not.
2. If you do not agree with any term of This Agreement, you shall not download, install, launch, upgrade, login, display, run, copy or screen capture Imperium Interactive’s products, nor have the right to use a certain function or part of the products or use the products in other ways. If you download, install, launch, upgrade, login, display, run, copy, screen capture Imperium Interactive’s products, or use a certain function or part of the products or use the products in other ways, you shall be deemed to acknowledge, accept, and agree to be bound by all terms of this User Agreement. Thereafter, you may not claim that you have not read/agreed this Agreement or any other similar excuse.
2. The local laws of your country/jurisdiction may require that you must be of a certain age to enter into, such as the terms of This Agreement. If you are under the age of 18 (or other age which stipulated in laws in your jurisdiction), you are required to read This Agreement accompanied by your legal guardian, and you can only enjoy the product services provided by Imperium Interactive after obtaining the guardian's consent for you to enjoy the product services provided by Imperium Interactive, to pay the corresponding product fees and to agree all the terms of This Agreement.
Article 2 Product Rights
1. Imperium Interactive owns all legitimate rights and interests of Imperium Interactive's products according to laws. Imperium Interactive’s products (including but not limited to the entire software, the updates, upgrades, patches, and databases related to the software, and related web servers, websites (including but not limited to the official websites or forums of the game), electronic media, electronic documents, virtual currency and all other contents (including but not limited to texts, pictures, audio, video, charts, interface design, layout framework, relevant files or data)) are protected by national and international laws and treaties. Imperium Interactive owns all Intellectual Property rights and its legitimate interests (including all analogous or equivalent rights or forms of protection anywhere in the world) under law except for the rights it is entitled to under law.
2. The copyright of the personal works provided by you to Imperium Interactive for use in the products shall be solely owned by you. Imperium Interactive shall have an unlimited, worldwide, irrevocable and completely free of charge right to use such works. Once you provide such works to Imperium Interactive, you shall be deemed to have granted Imperium Interactive the right to use them, and Imperium Interactive may also transfer or sublicense the right to use them to its affiliates or cooperative entities. If there is any other agreement between both parties, such agreement shall prevail.
Article 3 Limitation of License and conduct
1. Providing that you accept all of the terms and conditions of this Agreement, Imperium Interactive agrees to grant you a non-commercial, revocable, changeable, non-exclusive, non-transferable and non-sublicensable right to use Imperium Interactive's products and services. You can install, access, use and run Imperium Interactive’s products in a specified way within the scope of the license. The license granted to you by Imperium Interactive under this Agreement is for personal use. You shall not use Imperium Interactive's products or services beyond the scope of personal use or provide the same to others for use or for any commercial use (including but not limited to transfer, rent, live broadcast, recording, acting on behalf of others) without the express prior written consent of any authorized representatives of Imperium Interactive or its affiliates. Any unauthorized installation, use, access, display, operation, commercial use and other acts constitute infringement.
You fully understand that if you obtain Imperium Interactive's products or services from a third party without Imperium Interactive's authorization or use other products with the same name as Imperium Interactive's products, it shall be deemed that you do not have the authorization from Imperium Interactive. Imperium Interactive cannot warrant that the product can be used normally or is free from computer virus or other malicious programs, and will not be liable for any loss caused to you thereby.
2. You must abide by laws and regulations when using Imperium Interactive's products or services, and you must not use Imperium Interactive's products or services to commit any illegal acts, including but not limited to the following:
1) Publish, disseminate or promote terms that endanger the national unity, sovereignty and territorial integrity, or incite ethnic hatred, or other terms deemed as offensive (specifically at Imperium Interactive’s discretion), including but not limited to language with insults, slander, intimidation, threats, harassment, obscenity, pornography, gambling, violence, crime instigation, racial discrimination, cult superstition, etc.;
2) Spread or reproduce any virus, trojan horses, worms, bombs, corrupt documents and/or similar destructive devices or corrupt data related to the products, and/or in any way organize, participate in or fall into attacks on Imperium Interactive’s servers and/or the products and/or service suppliers and/or any other affiliates;
3）Design, use and disseminate "automatic" or "macro" computer programs, including but not limited to the dissemination and use of any cheating programs, scripting software or software applications that willfully disrupt the balance of the game as well as hacker programs, bot programs that used to harm the game;
4）Any acts that hinder the game process such as blocking, disrupting, delaying the normal operation of the product, or interfering with the accessibility of the product to other users and the normal operation of the networks used by the Products, including but not limited to peddling product information, "temporary leave" (AFK), publishing advertisements in the game, harassing the normal operation of other users (including but not limited to buying and selling accounts, maliciously registering game roles), using DDoS (distributed denial of service attack) to attack the game servers or other users for network traffic, or using any program loopholes to provide unfair advantages for themselves or other users, etc.;
5）Unauthorized collect or intercept any user's data of the product, including but not limited to obtaining the users' private data information through phishing, intercepting or stealing the user's data through capturing traffic, or directly disclosing, copying and providing the obtained users’ data to other users;
6）Provocate, harass, threaten or insult (specifically at Imperium Interactive's discretion) Imperium Interactive's authorized representatives, employees, partners, affiliates or upstream and downstream channel agents and any other users of the product on web servers, websites, forums or in any other medium of the services;
7）Impersonate or falsely claim to be the authorized representatives, employees, partners, affiliates, upstream and downstream channel agents, or other special identities of Imperium Interactive for the purpose of obtaining illegitimate interests or damaging the legitimate rights and interests of other users, including but not limited to impersonating a game administrator to release any fraudulent or false information, or creating an account to mislead other users to believe that they are the authorized representative or other personnel of Imperium Interactive or related companies;
8）Any act that maliciously damage the public order of the game and the rules in industrials (including but not limited to malicious keeping sending comments, malicious time-consuming, in Imperium Interactive’s products);
9）Other acts in violation of national and international laws and treaties.
3. Unless otherwise agreed in This Agreement, you may not commit the following acts (whether for profit or not) without the prior written permission of Imperium Interactive:
1）Commercially utilize Imperium Interactive’s products or any part anywhere, including but not limited to computer game centers, internet cafes or any other location-based services;
2）Use Imperium Interactive’s products or provide the products to other users under the conditions of network, multi-user scenario and remote access, including but not limited to the situation of allowing download by several users;
3）Scan and detect Imperium Interactive's product to detect, find out and record possible bugs and software defects;
4）Reproduce, rip, modify, decompile, disassemble, spread and display all or part of Imperium Interactive's software programs, user's manuals and other graphic and audio-visual data, or reverse engineer any function or program of Imperium Interactive's products, etc.;
5）Copy, modify, add, delete, hook operation or create any derivative works of the game software or any data released into any terminal memory or other servers during the operation of the software;
6）Rent, lend, copy, modify, sell, license, distribute Imperium Interactive’s products or conduct any commercial activity by using Imperium Interactive’s products;
7）Create, use or share alternative practices of using Imperium Interactive’s products, including but not limited to server simulators;
8）Separate and use any part of Imperium Interactive's products independently, or otherwise use such part inconsistent with this Agreement;
9）Modify, conceal or delete any security protection, service name, company logo, trademarks, copyright information and other intellectual property statements on the software programs, images, animations, packaging and manuals of Imperium Interactive's products;
10）Other acts violating national and international laws and treaties.
Once the user is found to have committed any of the abovementioned violations, Imperium Interactive has the right to take the following punitive measures based on the violation: warning; muting; temporarily freezing the play; Permanently freezing the play; temporary banning of login; Permanent banning of login; modify data; data clearing; change names; forced offline; account blocking; etc.
You acknowledge and agree that Imperium Interactive has the right to automatically terminate your use without prior notice if you breach This Agreement. Your violation of this article will constitute a major violation of This Agreement and/or other intellectual property laws and treaties, and may be required to bear civil and criminal liabilities accordingly.
Article 4 Registration and Protection of User Accounts
1. You promise and agree to provide true, legal, accurate and valid identity information (including but not limited to name, ID number, mobilephone number, email, etc.) to register Imperium Interactive's product accounts or accounts of other partners acknowledged by Imperium Interactive, and log in with such accounts (the "User Account"). If the Real-name registration system shows that your User Account has not been registered with real name, please register with real name in time, otherwise you will not be able to login and use all Imperium Interactive's products. You hereby promise that you will bear all the consequences arising from the untrue, inaccurate and untimely update of your identity information, and Imperium Interactive will not bear any responsibility.
2. Imperium Interactive has the right to examine the authenticity and validity of the registered identity information and shall actively take reasonable technical and managerial measures to safeguard the security of the User Accounts. You have the obligation to properly keep your User Account and password, and promise not to share or authorize any third party to log in or use your personal account. Any party failing to perform the above obligations shall bear the corresponding legal liability for the loss of account password, account theft and damage to the civil rights of you or others.
1）If you find that your account or password is illegally, fraudulently used by others, or the use is abnormal, you shall deal with it in accordance with the processing method published by Imperium Interactive’s products, and you shall have the right to notify Imperium Interactive in a timely manner. Valid personal identity information or certificate consistent with your registered identity information shall be provided along with such notice.
2）Imperium Interactive will take different measures based on different circumstances (including but not limited to suspending the login and use of such user's account) after receiving your valid request and verifying your identity. You shall be liable for any loss caused to you and/or other users as a result of measures taken by Imperium Interactive based on your request. If you fail to provide or provide personal identity information or certificate inconsistent with the registered identity information, Imperium Interactive has the right to refuse your request and you shall be liable for any losses arising therefrom.
3. Password setting. You acknowledge and agree that any act of using your account and password to log in to your account is deemed to have been done by you. When registering an account, in order to ensure the security of your account, it is recommended that you (1) choose a high-strength alphanumeric password combination; and (2) Choose a brand-new password and update it regularly. Imperium Interactive reserves the right to unilaterally reject any password.
4. Username creation. Create a username to access and use Imperium Interactive's products and services. Your username will be associated with your account and will be publicly displayed. Therefore, we recommend that you do not display real personal information in your username. It is forbidden to choose (1) usernames that have been used by other users or are extremely similar to other accounts, or (2) inappropriate, controversial or harmful, including but not limited to names that contain obscenity, hatred, terror, maltreatment, political or religious tendencies, or (3) usernames that contain Imperium Interactive's official product logo, product abbreviation, or usernames that are substantially similar to product logo or abbreviation and are easily mistaken (specifically at Imperium Interactive's discretion). Imperium Interactive reserves the right to unilaterally reject any username.
5. (if any) Third party account login. If you use a third-party account approved by Imperium Interactive’s products as your account, you shall also comply with the User Agreement with such third-party account. In case of any problem arising from such third party account, including but not limited to account theft, you shall contact such third party for resolution. Imperium Interactive shall provide assistance as the case may be.
6. If you need to logout your account, you may follow the account logout guidelines provided by Imperium Interactive, and agree with the account logout agreement and other rules officially published. It should be noted that all value-added services related to the game (including but not limited to the remaining subscription term, virtual props, virtual currency) as well as other game proceeds and game data shall not be retained in the account, nor can they be exchanged for cash or other forms of compensation. Imperium Interactive has the right to clear all game proceeds under the said user's account and you shall bear the consequences arising therefrom.
Article 5 Price Policy
1. When Imperium Interactive’s products provide commercial game services to users, users shall have the right to decide, in their sole discretion, whether to agree with fees in accordance with the charging methods and standards determined by Imperium Interactive’s products (including but not limited to the purchase of virtual items in game and other value-added services) to obtain relevant game services. If you do not accept the above charging methods and standards, you will not be able to obtain relevant services. Please read the specific Price Policy on Imperium Interactive's props mall and the official website of the game.
2. You acknowledge and agree that, it is a normal business practice to adjust chargeable items and/or charging standards. Imperium Interactive’s products reserves the right to adjust its Price Policy (including but not limited to charging rates, charging software functions, charging objects and Invoice period) at different stages based on needs. You shall not request Imperium Interactive to make compensation or indemnity for the aforesaid adjustment.
3. You acknowledge and agree that, if you purchase the right to use virtual items in the game or receive relevant value-added services through legal currency, the legal currency, once converted, shall be deemed as used up and non-refundable and cannot be re-converted into legal currency.
4. You acknowledge and agree that, if your transaction of exchanging legal currency into virtual currency is cancelled due to refund or other reasons, Imperium Interactive’s products have the right to deduct the virtual currency paid to your account for the cancelled transaction. In the event that the virtual currency is not enough for deduction, Imperium Interactive's products can give priority to deduct the insufficient part when the virtual currency in your User Account is subsequently increased.
Article 6 User Generated Materials
1. Imperium Interactive acknowledges and agrees that all rights and interest of the materials generated by the user (excluding any software or game fragments) shall belong solely to the user. With respect to the generated materials, you hereby acknowledge and agree to automatically grant Imperium Interactive a worldwide, irrevocable, perpetual, royalty-free, re-licensable, and re-transferable right, so that Imperium Interactive can use, disseminate, reproduce, modify, adapt, display, publish, translate, perform, sublicense, and otherwise use and/or dispose of the generated materials (or any part thereof) in any other suitable way by Imperium Interactive, and create derivative works by using such contents. You hereby promise that Imperium Interactive's subsequent use and utilization will not infringe any third party's Intellectual Property rights and legitimate rights and interests, and will not otherwise cause any liability to Imperium Interactive.
2. According to the terms of This Agreement and other policies released by Imperium Interactive from time to time, you may display the generated materials only on Imperium Interactive and other platforms approved by Imperium Interactive or use them in a manner approved by Imperium Interactive. You are not allowed to disseminate them on other platforms or authorize third parties to perform in any other use such as display, performance, publication, commercial profit, secondary derivation, etc. In case of violation, Imperium Interactive reserves the legal right to prosecute.
3. You hereby promise that the ownership and Intellectual Property of the game data generated from your use shall belong to Imperium Interactive, and Imperium Interactive has the right to store and dispose such game data, and has legal property rights and interests in the relevant data products and services generated from lawful processing of game data.
Article 7 Data Protection Notification
You acknowledge and agree that Imperium Interactive may collect and process personal data of the products you use, and Imperium Interactive warrants that it will take necessary measures to protect the security of such personal data. Imperium Interactive will never provide, disclose or share your personal identity information to any third party without your permission, except that:
1）information is authorized or required by you or your guardian to be disclosed by Imperium Interactive;
2）Information that is required by national laws and regulations to be disclosed by Imperium Interactive;
3）Information that is required by judicial or other governmental authorities vested with jurisdiction by laws to be provided by Imperium Interactive based on legal procedures;
4）Information that is disclosed to protect the legitimate rights and interests of Imperium Interactive, its partners or you;
5）Information that is disclosed to protect the personal safety of other users and third parties in case of emergency.
Article 8 Disclaimer of Warranties
1. You specify guarantee and promise that you will bear any risks of using Imperium Interactive's products, including the quality, performance, accuracy and trial of the products. The product is provided "as is and available" basis with no warranty of any kind. Imperium Interactive hereby disclaims any express, implied or statutory warranty or condition related to the product, and explicitly states that it will not be responsible for this, including but not limited to the warranty of the eligibility, accuracy, safety, fitness for specific uses, and non-infringement of any third party rights. Besides, Imperium Interactive does not warrant that: (1) the product will meet your expected requirements; (2) the use of the product is uninterrupted and safe; (3) the product can be compatible with other software. (4) the results obtained from the use of the product are effective, accurate and reliable. You are solely responsible for the installation and use of the product or any other consequences arising therefrom. No oral or written document from Imperium Interactive or its authorized representatives shall constitute a valid warranty.
2. To the maximum extent permitted by law, Imperium Interactive and its affiliates shall not be liable for any loss or damage whatsoever arising out of or in connection with the use of the products or any relevant third party services, including but not limited to (1) any form of loss, whether in tort (including breach of This Agreement or neglect of legal liability), negligence, misrepresentation (whether innocent or unintentional) or otherwise; (2) direct loss; (3) accidental loss; (4) incidental loss; (5) indirect loss (including but not limited to loss due to property, data or revenues, regardless of whether we have previously warned of the possibility of such loss).
3. You acknowledge and agree that in resolving any dispute with Imperium Interactive, your sole remedy is to cease using the product. In any case, Imperium Interactive's compensation liability will not exceed the price you previously paid to Imperium Interactive or its affiliates in respect of which Imperium Interactive is liable..
4. This clause is without prejudice to Imperium Interactive' liability for death or personal injury resulting from negligence, fraud, misrepresentation or any other liability which is expressly not excluded or limited by law. However, the exclusion of liability of Imperium Interactive and its affiliates shall be limited to the maximum extent permitted by law.
Article 9 Indemnification
1. You fully understand and agree that you shall be solely responsible for any claim made by any third party or legal entity arising out of your breach of This Agreement or the relevant Service Terms. You shall also indemnify Imperium Interactive for any losses suffered therefrom.
2. You hereby agree and promise to defend, indemnify and exempt Imperium Interactive and its affiliates from any claims, liability and all damages (including attorney's fees) arising from the following reasons upon Imperium Interactive's request: (1) your use or other activities with respect to the product; (2) any breach by you of This Agreement; or (3) any allegation that any content you provide through the product infringes or otherwise infringes any third party’s copyright, trademark, trade secret or other intellectual property rights or legitimate interests (including all analogous or equivalent rights or forms of protection anywhere in the world).
3. This Article and the Article 8 above shall survive the termination of This Agreement.
Article 10 Termination
1. This Agreement shall take effect as of the date on which you download, purchase and use the product (whichever is earlier) and shall continue in effect until terminated by either party hereto. You acknowledge and agree that you will not be entitled to a refund paid to Imperium Interactive prior to the termination of This Agreement.
2. According to This Agreement, you and Imperium Interactive (or its licensors) may terminate This Agreement at any time for any reason. If Imperium Interactive terminates This Agreement, the termination will take effect when (1) notice of termination is given to you, or (2) your account (if any) or your right to access the services is terminated, or (3) Imperium Interactive decides to cease to provide or support the product. This Agreement will terminate automatically if You fail to comply with any term of This Agreement.
3. If your account or service is terminated, you must uninstall the product and destroy all copies of the product (including but not limited to all files and all game processes related to the services). All value-added services related to the game (including but not limited to the remaining subscription terms, virtual props, virtual currency) as well as other game proceeds and game data shall not be retained or added to the account, nor can they be exchanged for cash or other forms of compensation.
Article 11 Miscellaneous
1. Ease of Reading. The titles of all clauses in This Agreement are inserted for your convenience only and have no actual meaning. They cannot be taken into consideration for the interpretation of any clauses of This Agreement.
2. Product export restrictions. The export of the products shall be subject to all export restrictions. You hereby undertake and comply with all import and export laws and restrictions, and legally use the products in accordance with the laws and regulations promulgated by your local or foreign authorities. The products shall not be transmitted in any form (including but not limited to re-export and download) and shall not be used by the nationals or residents of any country where trade is prohibited in your country.
3. Supplementary agreement. The supplementary agreement (if any) to this User Agreement is an integral part of This Agreement and shall have the same legal effect as This Agreement. In the event of any contradiction or conflict between the supplementary agreement and this User Agreement, the supplementary agreement shall prevail. The User Agreement shall continue to apply to any matter that is not covered by the supplementary agreement.
4. Severability. Each clause and provision of this User Agreement is severable. The invalidity of any provision, in part or in whole, shall not affect the legal effect of the remaining provisions of this User Agreement.
5. Judgment Criteria of Data. For the avoidance of any dispute, the user agrees to rely on the data stored in Imperium Interactive's product server to judge the data and technology related issues in This Agreement. The service provider of Imperium Interactive guarantee the authenticity of the data.
6. No Waiver. No failure or delay by Imperium Interactive to exercise any right provided under this Agreement or by law shall constitute a waiver of such right, nor shall it preclude or restrict further exercise of such right, unless Imperium Interactive declares in writing to waive such right. The exercise of one or part of these rights shall not preclude or restrict the exercise of other rights.
7. Jurisdiction. The execution, performance, interpretation and dispute resolution of This Agreement shall be governed by the laws of the People's Republic of China and exclude the application of all other conflict laws. In case of any dispute (including but not limited to disputes over contract or other property rights and interests) arising from the content or implementation of This Agreement, both parties shall settle it through friendly negotiation. If the negotiation fails, both parties agree to submit it to SHIAC（Shanghai International Economic and Trade Arbitration Commission）.
8. Language. This Agreement may be translated into local languages of the relevant regions. In case of conflict between the Chinese version and the localized version of This Agreement, the Chinese version shall prevail.
9. Contact us. If you have any questions about This Agreement, please contact Imperium Interactive through the following email: firstname.lastname@example.org.
Imperium Interactive Entertainment Limited