(1) The Essential Provisions of the Formatting Agreement for Online Game Services, which was formulated by the Ministry of Culture in accordance with the Interim Measures for the Administration of Online Games, is also the content of this Agreement.
(2) This Agreement is applicable to CMGE and their affiliates when providing network services to you.
1.1 CMGE (website: http://www.cmge.com) will provide internet-based and mobile internet-related services (hereinafter referred to as "network services") in accordance with its published terms of service and operating rules. The specific services are subject to the actual circumstances of CMGE.
1.2 Once you have successfully registered as a user, you will receive a password and account number, and you will be fully responsible for all actions taken by your account. If your account and password are compromised due to your negligence, you will be solely responsible for any damage caused to you, CMGE, or any third party.
1.3 Users understand and accept that CMGE only provides related network services. In addition to related network services related equipment (such as personal computers, mobile phones, and other devices connected to the Internet or mobile Internet) the cost (such as the telephone and internet fees paid for access to the internet and the mobile phone fees paid for the use of the mobile network) are be borne by the user.
1.4 When you use a CMGE network service through the CMGE official website or third parties legally authorized by CMGE, and register and log in to enjoy the network services provided by CMGE, it is deemed that CMGE grants you a personal, non-transferable and non-exclusive license to use one of the online games for CMGE. CMGE does not accept any responsibility for CMGE games or network services that you might obtain from third parties not authorized by CMGE or network services bearing the same or similar name as a CMGE.
1.5 CMGE may update its games from time to time by releasing software upgrade packages, software patches, or online upgrades, etc. During the update process, CMGE has the right to replace, modify, delete, and supplement client software version information, data, and other related information related to the game on your personal computer or mobile phone through the internet. This kind of behavior is an operation or step necessary for software update. You understand and accept it. If you do not agree to this process, please do not update or continue using CMGE network services. Your continued use of CMGE network services shall be deemed as your consenting to this user services agreement.
1.6 CMGE will do its utmost to provide users with comprehensive online game service and environment, but users shall have no claim against CMGE for any vulnerabilities, disadvantages, bugs, corrections, updates, or upgrades related to CMGE and the network services it provides. CMGE has the right to make corrections, updates, and upgrades to online games based on its own judgment and needs.
1.7 Users understand and accept that the services provided by CMGE may include advertisements, and users agree to display advertisements provided by mobile games, third-party suppliers, CMGE partners during use of its network services. However, CMGE is only used as a display platform for the aforementioned advertisements, and is not responsible for any disputes arising from the use of advertisement links or the procurement of services or goods provided by third parties.
2.1 According to the “Regulations on the Management of Mobile Internet Application Information Services”, users must register using true, accurate, and complete personal information when applying for the use of CMGE network services, including but not limited to name, ID number, gender, age, telephone, etc. Users may not circumvent real-name registration by using another person's identity or information. CMGE will review all real name registration information provided by users of its network services. In order to verify whether the relevant real-name registration information provided by you is true or not, you agree that CMGE has the right to submit the real-name registration information provided by you to a third party for subsequent certification and verification.
2.2 If the user does not provide valid identity information for real-name registration or provides personal identity information that is inconsistent with the registered identity information or that is fraudulent by use of other people's identity information for real-name registration, the user will not be able to enjoy the corresponding CMGE network services. Furthermore, if the user is found to have supplied fraudulent personal identity information, CMGE has the right to take appropriate actions, including but not limited to: warnings, restrictions or prohibitions on the use of game accounts, and the deletion of game data and other related information in your game account. All consequences will be borne by the user.
2.3 If there is any change in the user's personal information, it must be updated in a timely manner. Real-name certification cannot be passed due to inaccurate, untrue, or missing personal information provided by the user. All consequences arising from inaccurate or incomplete personal identity information are borne by the user.
2.4 The user should properly keep all forms of account information, and should not disclose their personal accounts, passwords, bank cards, credit card information, and passwords during the use of CMGE’s network services. The user may not transfer, or lend their accounts or passwords.
2.5 If the user finds that his account has been illegally used by others, he should immediately notify CMGE. CMGE does not assume any responsibility for the illegal use of accounts and passwords due to hacking or a user’s negligence of their personal information.
2.6 The user shall be responsible for all actions under his or her own registered account. CMGE is not liable for any losses or damages caused by the user's own actions or those of any other third party.
2.7 The user must follow the following principles when using CMGE network services:
2.7.1 Comply with relevant Chinese laws and regulations.
2.7.2 Comply with all network protocols, regulations, and procedures related to network services.
2.7.3 The network service system shall not be used for any illegal purpose.
2.7.4 Do not use CMGE's network services to conduct any behavior that may adversely affect the normal operation of the internet or the mobile network, or conduct any behavior that endangers the security of the computer network, including but not limited to: using unlicensed data or entering unlicensed servers/accounts, accessing public computer networks or other computer systems without permission to delete, modify, and add extra information to the stored information, attempting to probe, scan, test the weaknesses of or other implementations of CMGE applications or network services without permission, attempting to interfere with or disrupt the normal operation of CMGE games, network services or websites, deliberately spreading malicious programs or viruses, forging TCP/IP package names or partial names, and all other acts that disrupt normal network information services.
2.7.5 Do not use the online services provided by CMGE to upload, display or transmit any false, harassing, libelous, abusive, intimidating, vulgar, obscene, or any other sensitive information.
2.7.6 Reverse engineer, reverse compile, reverse assemble, etc., or engage in other infringements of patent rights, copyrights, trademarks, reputation rights or any other legal rights of CMGE and related third parties.
2.7.7 For the relevant information in the game, without the written consent of the game developer, do not implement the following acts including but not limited to : using, copying, modifying, linking, reprinting, compiling, publishing, issuing, establishing a mirror site, or developing derivative products and works with the unauthorized use of the application.
2.7.8 CMGE network services content may not be recorded, broadcasted, or transmitted to others in any way without the permission of CMGE, including but not limited to the use of any third party software for live webcasting, dissemination, etc.
2.7.9 Perform any behavior that undermines the fairness of online games or other factors that affect the normal order of online games, such as active or passive farming, partnership cheating, use of plug-ins or other cheats, and the use of bugs (also known as "vulnerabilities", "defects", or “exploits”) to obtain improper benefits, or use the internet or other means to make plug-ins, cheats, and bugs public.
2.7.10 In the event the user finds any illegal use of user accounts or account security breaches, the user should immediately notify CMGE.
2.7.11 Conduct any business activities such as advertising, selling goods, or any infringement of the interests of CMGE by selling game coins, plug-ins, game props, game equipment, etc.
2.7.12 Use the network services provided by CMGE to engage in any behavior unrelated to the network service itself, including but not limited to the promotion of game cards, gifts, etc., the promotion of other applications or games, or inviting and inducing other users to use other applications. The user is forbidden to invite or induce other users to give up, stop using the application, damage CMGE’s brand, or undermine its network services in any way.
2.7.13 The user must not post any fraudulent or false information in the name of CMGE, the application service administrator, the application forum administrator, or the forum moderator.
2.7.14 Malicious screening, kicking, intentionally consuming time, and other behaviors that disrupt the public order of the game are prohibited.
2.7.15 CMGE network services and relevant platforms shall not be used for any other behavior that is not directly related to CMGE network services.
2.7.16 Except as permitted by law or with the written consent CMGE, no content may be removed, adjusted, authorized or used beyond the scope of this Agreement for online games and network services provided by CMGE.
2.8 If the User violates any of the above provisions when using a CMGE network service, an authorized person in CMGE has the right to require the User to correct or directly take all necessary measures (including but not limited to changing or deleting the User’s content, suspending or terminating the User's right to use the network service, reclaiming the account, banning the User from obtaining a new account, recouping the User's profits, prohibiting the User from making any statements in the game, or requiring the User to make compensation, etc.).
3.1 Due to the specificity of the network service, the user agrees that CMGE has the right to change, discontinue, or terminate some or all of the network services at any time without notice to the user (unless the law clearly stipulates), and does not assume any responsibility to any user or any third parties.
3.2 Users understand that CMGE need to be repair or maintain the platform that provides network services (such as Internet websites, mobile networks, etc.) or related equipment on a regular or irregular basis. CMGE does not bear any responsibility for the interruption of network services within a reasonable time due to such circumstances, but CMGE will do its best to give as much advance notice as possible.
3.3 CMGE reserves the right to discontinue or terminate the provision of the network services (including the charged network services) under this Agreement at any time without any liability to the user or any third party, in the event of any of the following:
3.3.1 The personal data provided by the user is inaccurate or false.
3.3.2 The user violates the usage rules stipulated in this Agreement.
3.4 In order to ensure the security and functional consistency of its network services, CMGE has the right to update any of its network services or games, or modify or restrict some functional effects of the software without special notice to the user.
4.1 Any text, images, graphics, audio and/or video material contained in the network services provided by CMGE are protected by copyright, trademark and/or other property rights laws. The abovementioned materials must not be used for any commercial purposes without the consent of the relevant rights holders.
4.2 Any software used by CMGE for the provision of web services (including but not limited to any images, photos, animations, videos, recordings, music, text and additional programs contained in the software, accompanying help materials) All rights belong to the copyright owner of the software, and the user may not reverse engineer, decompile, or disassemble the software without the permission of the copyright owner of the software.
4.3 The ownership and intellectual property rights of the relevant data generated during the use of the CMGE network services are owned by CMGE. CMGE has the highest right of decision on handling of these data without violating laws and regulations or as stipulated in this Agreement.
5.1 You fully understand and agree that in order to enjoy the network services provided by CMGE, the user must provide his or her true and accurate personal information, real-name registration, and real-name certification.
5.2 Respecting and protecting user privacy is a basic principle of CMGE. CMGE takes all reasonable measures to protect the user’s personal privacy and related information. CMGE will not publicize, disclose, or provide third parties with the user's registration information and the non-disclosure information stored by CMGE when the users are using the network service, except under reasonable circumstances such as the request by the government departments authorized by the law, by the judicial authorities, or with the user's consent.
5.3 CMGE will not provide, disclose or share personally identifiable information such as personal identification numbers, contact information, home address, etc. from the User Registration Information to any third party without the consent of the user, except in the following cases:
5.3.1 To obtain prior authorization from the user or user guardian.
5.3.2 When the user's personally identifiable information is provided in accordance with the legal requirements of the user's guardian.
5.3.3 Disclosure in accordance with relevant laws and regulations.
5.3.4 In accordance with the requirements of the relevant government authorities and the judiciary based on legal procedures.
5.3.5 To protect the interests of the public.
5.3.6 When suing or arbitrating a user for the upholding of the lawful rights and interests of CMGE.
5.4 The User understands and agrees that CMGE reserves the right to collect, store, use, analyze, or share the information provided by you for the purpose of fulfilling the Agreement, either by itself or by a third party, in order to provide you with a superior and personalized experience using its network services.
5.5 CMGE may collect, store, use, or share information related to you with third parties when providing services, such as your personal name, ID number, address, contact information, and data related to your use of CMGE network services or other information generated during the service process, etc.
5.6 The User understands and agrees that CMGE and third party partners will provide you with various information and services related to game product service activities, promotion information, etc. via SMS, telephone, or email according to your user information.
5.7 In the process of using CMGE network services, the user has the right to manage his or her personal information. The specific management scope and methods are subject to the specific service content, and shall be conducted according to the guidelines provided by CMGE. Users have the right to request CMGE to review, correct, or modify the relevant information when the users discover that the collection and use of its personal information by CMGE violates laws, administrative regulations and the agreement between both parties. Users can submit their corresponding requests to CMGE customer service of the network service in question to (kefu028@cmge.com) , and CMGE shall reply the user's request within a reasonable period of time after the user’s authentication is successful.
5.8 Any information of others that is known, received, or contacted by the user during the course of using the service shall be kept confidential and respected, and the user shall not collect, copy, store, transmit, or use the personal information of the user who receives network services from CMGE in any form. Otherwise, all consequences and liabilities arising therefrom will be borne by you.
6.1 The network services provided by CMGE will be provided to you “as is”. CMGE does not guarantee that the network services will meet the requirements or expectations of the user. CMGE does not provide any express or implied guarantee for network services, including but not limited to, the guarantee of performance, continuity, applicability, timeliness, security, accuracy, or non-infringement of the network service.
6.2 CMGE does not guarantee the accuracy and completeness of external links set up for the convenience of users. At the same time, CMGE assumes no responsibility or liability for the content of any external pages that are not controlled directly by CMGE.
6.3 Loss and impact. CMGE does not assume any responsibility for losses caused by telecommunication systems or internet network failure, computer failure or virus, information damage or loss, computer system problems, or any other force majeure, but will try its best to reduce their impact on the user.
6.4 Under no circumstances shall CMGE's be liable for any damages incurred by you during the use of CMGE's network services due to force majeure.
6.5 CMGE has the right but not the obligation to improve or correct any omissions or errors in any part of its network services.
6.6 The user understands that network services and online games, like most internet products, are vulnerable to various security issues and risks, including but not limited to:
- Improper disclosure of personal information or data by the users and illegal use of such data or information by lawbreakers.
- Decoding or stealing of usernames and passwords.
- Malware, viruses, or hack attacks on personal computers or mobile phones.
CMGE assumes no liability in these instances.
6.7 CMGE does not encourage you to purchase game items from other parties such as third-party currency trading platforms, unofficial channels designed by the developer, or through other non-official channels. CMGE does not bear any responsibility for the complications or consequences of recharging via unofficial channels.
6.8 You fully understand that there may be some battle areas in the online games provided by CMGE network services. If you do not agree to be forced to fight, please leave these game areas immediately, change settings, quit online games or refuse, stop accepting, delete related online game services. Etc. Otherwise, you are deemed to have agreed to a mandatory fight, and the consequences of such events are borne by you.
6.9 You fully understand that: CMGE has the final decision on network service and its operation period, and the game items sold in online games and/or its affiliated malls are not to be used indefinitely. The valid period is from the date you obtain this item till the termination of this online game or network service (termination for any reason). Once this Agreement is terminated or the online game is terminated due to various reasons, you will not be able to continue using the game items.
6.10 Based on the regional nature of legal supervision, if you use the network services provided by CMGE outside of mainland China, you should abide by relevant local laws and regulations and respect local ethics and customs. If you violate your local laws, regulations, or ethical customs, you should be solely responsible for this, and CMGE does not assume any independent or joint responsibility.
6.11 If you are engaged in violations of laws and regulations or violations of this agreement, due to the nature of online behavior and its temporary records, CMGE can only judge your behavior data by existing security procedures. You fully understand that the judgment cannot always be 100% accurate and correct. If your behavior breaches multiple protocol or meets the compliance analysis procedures multiple times, then CMGE can determine that you are engaged in violations of laws and regulations and this agreement. CMGE can reclaim the revenue obtained illegally according to this agreement, including props, equipment, game currency, and prohibit login of the online games, and conduct other measures as agreed in this agreement, and the corresponding liability will not be borne by CMGE.
7.1 The understanding, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China (excluding Hong Kong, Macao and Taiwan).
7.2 Any dispute arising from or in connection with this Agreement shall be settled through friendly negotiation; if the negotiation fails, either party may submit the dispute to the Shenzhen Arbitration Commission and in accordance with its effective arbitration at that time. Rule arbitration and the arbitral award is final and binding on all parties.
8.1 If any provision of this Agreement is wholly or partially invalid or unenforceable for any reason, or violates any applicable law, this provision is deemed to be deleted, but the remaining provisions of this Agreement shall remain effective and binding.
8.2 CMGE has the right to modify this Agreement at any time in accordance with changes in relevant laws and regulations, as well as adjustments to the company's operating conditions and business strategies, without separately notifying the user. The revised agreement will be posted on the CMGE website ( http://www.cmge.com ).Users can view the terms of the latest service agreement at any time through the CMGE website. In the event of a dispute, the latest agreement text shall prevail. If the user does not agree to the changes made by CMGE to the relevant provisions of this Agreement, the user has the right to stop using the network service. If the user continues to use the web service, the user is deemed to have accepted the modifications made by CMGE to the relevant terms of this Agreement.
8.3 The user's comments and suggestions on any part of the service or any part of the Terms of Service may be submitted to the customer service department of CMGE. CMGE reserves the right to interpret and modify these Terms of Service.
China Mobile Technology Group Co., Ltd.
2018