User Agreement for FunPlus Account Services
Last updated on: February 11, 2022
Welcome to the FunPlus account services!
The User Agreement for FunPlus Account Services (hereinafter referred to as the “Agreement”) is a legal agreement between you and FunPlus (hereinafter referred to as the “Company” or “we”, “us” and “our”) regarding, among others, your registration, login, use and browsing (collectively, “use”) of the FunPlus Account Services.
In order to serve you better, please carefully read and fully understand the Agreement before you access the account services, especially the clauses that exempt or restrict our liabilities, the clauses related to the rights of users and use of information, the clauses for application of law and dispute resolution, etc. Among them, important contents like the clauses that exempt or restrict the Company’s liabilities will be highlighted in bold. Extra attention is advised. If you are under the age of 18 or under the age of majority as defined by the relevant law in your country, please carefully read and fully understand the Agreement accompanied by your legal guardian and obtain their consent first before you use the account services.
1 Account Services
1.1 The specific features of the FunPlus account services will be provided based on actual conditions, including but not limited to account login, account registration, password retrieval, account lockout, account information inquiry, and account binding. The Company reserves the right to change, suspend, or terminate part or all of its services at any time.
1.2 To use the account services, you may either register through the Company’s official channels or download and register with a third party authorized by the Company to access the client application for a specific account (if applicable). Otherwise, we cannot guarantee that the account service you obtained will work properly as they should be and we will not be liable for any losses you suffer thereof.
1.3 The Company may develop different versions of the application for different terminal devices. You should acquire, download, and install the suitable version based on the status of your devices. The objective differences between different terminal devices and operation systems may cause unsuccessful data transfer from one certain device to another. You understand that the aforementioned differences are not caused by the Company and are aware that switching between different operation systems or terminal devices may lead to the risk of account data loss. If you insist on doing so, you shall be responsible for your own actions. If you no longer use the account services, you may uninstall the corresponding application software yourself.
1.4 To provide better user experiences and services, the Company will provide updates or changes to the account services from time to time (including but not limited to software modifications, upgrades, feature enhancements, development of new services and software replacements). You can choose whether to update to the corresponding version as necessary. After part or all of the account services is updated, the Company will notify you in a proper manner (including but not limited to system notification, announcement, and internal massage) where feasible, and you have the right to choose to accept the updated version. However, if you choose not to update, part of the features of the account services will be restricted or unable to perform properly.
1.5 You understand that you need to prepare your own terminal device to access the corresponding software and services for use of account services. In order to fully access all the features of the account services, you may need to connect your terminal device to the Internet. You understand that you are responsible for all the related costs (e.g. data fees).
1.6 If you forget or lose your password while using FunPlus products, programs, and services with your FunPlus account, please try to retrieve the password by binding your cell phone or verifying the authorized email address immediately. If you are unable to retrieve it, please collect the relevant information and contact the Company’s Official Customer Service. Our specialized staff will check and process your issues.
1.7 All other rights not expressly granted hereunder shall be retained by the Company, and you shall obtain our written permission separately for exercising such rights. Also, the Company’s non-exercising of any aforementioned rights shall not be deemed a waiver of such rights.
2.1 In order to provide you with a consistent account services experience, you may choose to register for the Company service account voluntarily. Normally, gaming services can be accessed without registering for the Company service account. In order to complete the real-name registration for the Company service account, we need to collect information such as your mobile number, password, name, ID number, and cell phone verification code, and then conduct the real-name authentication of your identity by the relevant requirements specified in national laws and regulations in the issuing region. While conducting the real-name registration, you are required to provide true, legal, accurate, and valid identity information and other relevant information, and registering with other people’s identity information is prohibited. You agree that the Company will submit your real-name information to the competent authorities and relevant organizations in the issuing region which are eligible to retain your information for real-name verification.
2.2 You understand and promise that your account information shall not violate laws and regulations of the issuing region and the relevant rules of the Company, and shall not infringe the interests of the issuing region, the rights and interests of other citizens, and the social morality. You must not set up an account in others’ names without their permission (including but not limited to fraudulent use of others’ names, usernames, courtesy titles, and avatars that might lead to confusion). You must not register accounts maliciously (including but not limited to frequent registration and bulk registration). The Company has the right to review all the information you submit.
2.3 Without the Company’s written consent, you are prohibited from giving, lending, renting out, transferring, selling, or otherwise allowing others to use this account, otherwise any legal consequences and responsibilities arising therefrom shall be borne by you. The account is an identity that the Company authorizes you to login and use account services under this Agreement, and its ownership belongs to the Company. If the Company discovers or has reasonable grounds to believe that the account user is not the initial registrant of the account, the Company has the right to immediately suspend or terminate access to the services of this account or deactivate the account for account security purposes.
2.4 It is your responsibility to protect the security and confidentiality of your personal account information and assume full legal responsibility for the activities carried out in the name of the account you registered, including but not limited to information submission, data modification, preorders and purchases, payments, and other operations you take on the account services. You should attach great importance to your account security. If you discover unauthorized access to your account or any other security breaches, you shall contact us immediately.
2.5 In the event that you lose access to your account, you may request to recover it in a timely manner by following the account recovery procedure. You understand and acknowledge that, the Company’s account recovery system only identifies the consistency of the information on the review form and that in the system record, but cannot identify whether the appellant is indeed the legal user of the account. We expressly remind you to properly keep your account information. You should exit safely after use. If your account is hacked or lost due to your own reason, such as improper safekeeping or other force majeure factors, you will bear all corresponding responsibilities.
2.6 When you register, use, and manage your account, please ensure the authenticity of your identity information in the account registration process. You should use true, legal, accurate, and valid identification materials and other necessary information (such as your name and mobile number) when you register and manage your account. In accordance with the relevant laws and regulations of the issuing region, you shall fill out the real identity information to access certain part of the account services. Please complete the real-name verification in accordance with the relevant laws and regulations, and update the relevant aforementioned information in a timely manner. If the materials you submitted or information you provided are non-standard or non-compliant, the Company has the right to refuse to provide the related features to you.
2.7 Once you complete the account registration, you can log in to view or modify the personal identity information (apart from some real-name verification information) you submitted at any time. You may also apply for account deactivation. The Company will help you perform this operation after completing reasonable and necessary verification of your personal identity, security status and device information. All your account-related information will be deleted, anonymized, or de-identified per your request, except as otherwise provided by laws and regulations.
2.8 When the Company takes measures to suspend the login and use of a user account based on your notice, we have the right to ask you to provide and verify the valid personal identity information or proof that is consistent with the registered identity information. Once we have verified that your valid personal identity information or proof is consistent with your registered identity information, we shall take timely measures to suspend the login and use of the account as per your request or as the case may be. If the measures requested by you cause losses to you or other users, you shall bear the responsibility. If you fail to provide valid personal identity information or proof or they are not consistent with your registered identity information, the Company has the right to refuse the user’s above request. You are solely responsible for all the losses caused. In order to protect your lawful rights and interests, when you provide valid personal identity information or proof that is consistent with your registered identity information, the Company shall provide the user with the account registrant certification, original registration information, and other necessary assistance and support, and provide the relevant administrative organs and judicial authorities with the related evidence, information, and materials as needed.
2.9 When you need to end the use of the FunPlus account services, you can apply to deactivate your FunPlus account. For specific application procedures, please see related official page guide or contact FunPlus Customer Services:
(1) You can only apply to deactivate your own account, and shall follow the FunPlus procedures;
(2) You are still responsible for all your actions before deactivating your account and during the use of FunPlus services;
(3) Your account and the content of your account are not suspected of being illegal or infringement; and
(4) After successful deactivation, all the account information, personal ID information, transaction records, account rights, interests and other relevant information will be erased and unable to be recovered or provided. FunPlus has the right to no longer provide any account-related services to the user.
2.10 You understand and agree that in order to make full use of the account resources, if you fail to log in for the first time or do not log in for more than [1 year] continuously to use the account after registration, the Company has the right to withdraw your account and delete the game data and related information, among others.
3 Protection of Personal Information
4 Users’ Code of Conduct
4.1. Users’ Behavior Requirements.
4.1.1 Apart from the use of account services based on the terms of the Agreement, you are not allowed to conduct any activity infringing on the Company’s intellectual property rights, or any other activity undermining the legitimate rights and interests of any third party.
4.1.2 You shall be responsible for your use of the account services and shall not use the account services for illegal or unlawful acts, including but not limited to:
- Violating the basic principles determined in the Constitution;
- Compromising the unity, sovereignty, and territorial integrity of the issuing region;
- Divulging the secrets of the issuing region, jeopardizing security of the issuing region, or damaging the honor and interests of the issuing region;
- Instigating hatred or discrimination among ethnic groups, undermining the solidarity among ethnic groups, or disrespecting ethnic customs and practices;
- Advocating cult or superstition;
- Spreading rumors to disrupt the public order and social stability;
- Advocating obscenity, pornography, gambling or violence, or abetting the commission of a crime;
- Insulting or defaming others and injuring the legitimate rights and interests of others;
- Breaching social morality;
- Otherwise prohibited by any law, administrative regulation, or provision of the issuing region.
4.1.3 Except as permitted by law or with our prior written permission, during your use of the account services, you are not allowed to record, broadcast, or disseminate account content to others in any way (including but not limited to not using of any third-party software for Internet live streaming and transmission), nor shall you conduct any activity endangering computer network security using or targeting the account service, including but not limited to:
- Illegally intruding, attempting to interfere or damaging the account services network, interfering with normal network functions, stealing network data, intentionally spreading malicious programs or viruses, and other acts endangering cybersecurity;
- Attempting to probe, scan, or test the weakness of the system or network that supports account services and other acts endangering cybersecurity;
- Copying, modifying, adding, deleting, mount-running, or creating any derivative work from the data released to the RAM of any terminal device during the running of the account services, or the interactive data between the client terminal and the server terminal during the running of the software, or the system data necessary for the running of the software;
- Reverse engineering, reverse assembling, reverse compiling of the account services, or any other attempts to obtain the application source code;
- Malicious registration of accounts, including but not limited to frequent registration and bulk registration;
- Deliberately using others’ information to register accounts for yourself;
- Stealing, embezzling others’ community account, etc.;
- Providing programs or tools that are specially used for illegally intruding network, interfering with normal network functions and protective measures, stealing network data, and other acts endangering cybersecurity;
- Providing technical support, advertising promotion, payment and settlement services, or any other assistance to others knowing that they are conducting activities endangering cybersecurity.
- Using third-party software, plug-in, cheating tool, or system that is not developed nor authorized by the Company for account services, or creating, publishing, and propagating third-party software, plug-in, cheating tool, or system that is not developed nor authorized by the Company (you agree that the Company is entitled to decide whether you have conducted behaviors of using illegal cheating tool based on the monitoring data in the account program and abnormal performances);
- Sending spam or using your account to help others send spam;
- Publishing or showcasing through various forms, such as naming the account, any content that violates the aforementioned Article 4.1.2 or other inappropriate texts and audio-visual materials, including but not limited to pornography, violence, vulgarity, terror, cruelty, and other content or viruses that violate laws and regulations, social morality, or the fine folk cultural traditions;
- Obtaining or collecting other users’ email addresses, contact numbers, ID numbers, and other user information without permission;
- Modifying or obscuring any Company’s service name, logo, trademark or copyright information, other intellectual property notices or information involved in the account services;
- Instigating or conducting private transactions related to account services, illegal top-ups, providing or hiring others to provide account services (such as “paying up” and “boosting”), providing intermediary services for transactions, disseminating advertisements, or other acts seeking unlawful gains by utilizing account services;
- Attacking or hacking into the Company’s website and/or account servers, or overloading the account servers by creating an abnormally high volume of logins or login attempts in a short period of time;
- Establishing a mirror site related to the account services, taking snapshots of the relevant web page, or providing others with services identical or similar to the account services by establishing server or alike;
- Isolating any part of the account services for separate use, or using them in other ways which breach the provisions of this Agreement;
- Breaching laws or regulations, this Agreement, or the Company’s relevant rules, conducting any widely recognized misconduct within the industry, and injuring the legitimate rights and interests of others.
4.1.4 When you log in to the Company’s products, programs, and services with your FunPlus account number and password obtained under this Agreement, you shall strictly abide by the relevant service agreements and codes of use of the Company’s website or related services and products, including but not limited to the User Agreement for FunPlus Account Services. You can use the FunPlus account number and password to log in to the systems of each individual service or product of the Company, including but not limited to the Company’s games “King of Avalon” and “Guns of Glory”. If you use each individual service or product of the Company, it is deemed that you agree with the terms of services of this individual service or product, as well as the product agreement, user policy, player regulations, rules of the game, and game announcements and notices issued by the Company in this individual service or product.
4.2 Terms of Information Content
4.2.1 The content that you comment, send, and disseminate in the account services shall comply with the constitutional laws and regulations, follow public order, and respect social morality, social system, interests of the issuing region, legitimate rights and interests of the citizens, ethical values, and the truthfulness of information.
4.2.2 You agree and promise not to create, copy, publish, and disseminate the following information content:
- Violating the basic principles determined in the Constitution, damaging the security, honor, and interests of the issuing region, divulging the secrets of the issuing region, inciting subversion of the regime of the issuing region, subverting socialist systems, fomenting separatism of the issuing region, and compromising the unity of the issuing region;
- Advocating terrorism or extremism, propagating ethnic hatred or discrimination, undermining the unity and religious policies of the issuing region, advocating cult or superstition;
- Fabricating or disseminating information to disrupt the financial market order and other false information to disrupt the market and economic order;
- Fabricating or disseminating dangers, epidemics, alerts, natural disasters, production safety, food and drug safety, and other false information to disrupt the social order;
- Disseminating information by counterfeiting or under the guise of authorities, social groups and their staff, or other legal persons in the issuing region, or disseminating information by illegally using other’s identity to carry out illegal or criminal activities;
- Disseminating information that incites illegal assemblies, associations, processions and demonstrations, disrupts social management order, or undermines social stability;
- Advocating obscenity, pornography, violence, gambling, murdering and terror, abetting the commission of a crime, imparting criminal means and methods, manufacturing or trading prohibited and controlled items, and committing fraud and any other illegal or criminal activities;
- Insulting or defaming others, harming the reputation, privacy, intellectual property rights, or other legitimate rights and interests of others, and impairing the physical and mental health and the healthy growth of minors;
- Use of exaggerated titles or titles that are seriously inconsistent with the content;
- Sensationalizing gossip, scandals, misdeeds, etc.;
- Improper comments on natural disasters, major accidents, or other disasters;
- Content that has sexual innuendo, sexual provocation and other information which are readily associated with sex;
- Content such as gore, horror and cruelty that causes physical or psychological discomfort;
- Inciting discrimination against groups or regions;
- Promoting coarse, crass, or vulgar content;
- Other information that violates laws, regulations, policies, and public order, harms the Internet ecosystem, or interferes with the normal operation of account services.
4.3 You acknowledge and understand that during the use of the account services, there are possible existence or emergence of threatening, scandalous, objectionable, illegal, third-party negative contents or acts that are harmful to the legitimate rights and interests (including intellectual property rights) of others, that are out of the Company’s control. The above contents or acts are all unrelated to the Company and the Company shall not bear any legal responsibility arising therefrom.
4.4 The Company has established a public complaint and reporting platform. You can use this system to complain and report all violations of laws and regulations, illegal dissemination activities, illegal harmful information, etc. The Company will receive and address your complaints and reports in a timely manner.
4.5 If, based on the public complaints and reports, and upon verification of the Company, you are found in violation of the aforementioned Articles 4.1 and 4.2, or to engage in other prohibited acts stated in this Agreement during your use of the account services, the Company may directly take the following corresponding measures against you, for example deleting or blocking the inappropriate remarks, banning, terminating your account, or other handling measures (subject to the Company’s judgment on the factual circumstances).
If you have any questions or doubts about the measures the Company takes, please contact our Customer Services using the contact information listed herein.
5 Guidelines for Use of Information Content
5.1 Without the written permission of the Company, you shall not commit, authorize, permit, or assist any third party to commit the following conducts to the information content in the account services:
- Copying, retrieving, and collecting information content in the account services for any commercial purpose including but not limited to publicity and boosting clicks and pageviews;
- Editing, collating, and orchestrating information content in the account services, and displaying the content via channels other than the account services without authorization;
- Using any form of identification methods including but not limited to special mark and special code to cause or assist a third party to cause adverse impact on the information content in the account services, such as generating traffic, guiding readership, diverting, and hijacking;
- Other illegal access to or use of the information content of the account services.
5.2 With the written permission of the Company, your sharing and forwarding of the information content in the account services shall also comply with the following guidelines:
- For the information views or other related data captured, counted and obtained, you shall not sell or commercially use them in any form, or disclose and provide them to third parties, or allow third parties to use them for any purpose, without the prior written consent of the Company;
- You shall neither make any change of any form to the pages of the account services nor sabotage the display of such pages in any form such as blocking, inserting, and popups;
- You shall take necessary measures to prevent the information content in the account services from illegal acquisition by third parties using any form of methods including but not limited to “spider” programs.
6.1 You understand and agree that during the use of the account services, the Company may push relative information, advertising, or brand promotion services to you, and that the Company will display commercial advertisements, promotions or information (including commercial or non-commercial information) related to the account services or from third-party suppliers and partners in the account services.
6.2 The Company performs its obligations related to advertising and promotion in accordance with the law, and you shall determine the authenticity and reliability of such advertisement or promotional information by yourself and take responsibility for the judgments you make. Except as expressly provided by laws and regulations, you shall be responsible for any purchase or transaction made by you as a result of such advertisement or promotional information, or for any damage or loss suffered as a result of the foregoing, and the Company shall not be liable.
7 Intellectual Property Rights
7.1 The intellectual property rights of all the content provided by the Company in the game services (including but not limited to software, technology, programs, webpages, texts, images, videos, graphics, audios, charts, interface designs, and electronic documents) are owned by the Company. The Company owns the copyright, patent rights, and other intellectual property rights of the software which the Company uses to provide account services. Without the permission of the Company, no one is allowed to use (including but not limited to using any robot or spider program or device to monitor, copy, disseminate, display, mirror, upload, and download) the content in the account services.
7.2 You understand and agree that all the texts, images, videos, audios and other contents you publish and upload during the use of account services are originally created by you or legally authorized. The intellectual property rights of any content you upload and publish through the account services are owned by you or the original copyright holder. FunPlus only provides storage space for your display purposes. FunPlus reserves the right to screen, review, format, and recommend the uploaded content. FunPlus also has the right to withdraw or delete the uploaded content without prior notice to you and without any liability to you.
7.3 You acknowledge, understand, and agree that in order to continuously improve and provide better services to you, for all the content (if any, including but not limited to texts, pictures, graphics, audios, and the music, sound and voice in the videos or audios) you upload, publish, transmit, or disseminate through the account services, you grant the Company and its controlling company and successor company a worldwide, perpetual, free, nonexclusive, and sublicensable (via multi-level) right (including but not limited to reproduction right, information network dissemination right, the right of adaptation, the right of compilation, modification right, translation right, and the right to create derivative works, perform and display). The scope of use includes, but not limited to current or other websites, applications, products or terminal devices. You hereby acknowledge and agree that the grant of the aforementioned rights includes the right and license to use and otherwise exploit the content (in whole or in part) in connection with any publicity, promotion, advertising or related marketing relating to the content, the account services, the Company and/or the Company’s brands. To avoid any doubt, you agree that the license to the above rights includes permission to use, reproduce, display, and distribute your personal image, likeness, name, trademark, service mark, brand, logo, Company mark, or other materials that you own or are licensed to use and that are embedded in the content.
You acknowledge and agree to authorize the Company to act on your behalf or entrust a professional third party to defend the intellectual property rights of the content you upload and publish, including but not limited to monitoring the infringement, sending a letter of defense, filing a lawsuit or arbitration, mediation, and settlement. The Company has the right to make decisions on matters pertaining to the defense of rights and implement them independently. You understand that the Company has the right, but not the obligation, to enforce the foregoing authorization.
7.4 The Company provides technical support for the development and operation of the account services, and enjoys all rights to all data and information generated in the course of the development and operation of the account services to the extent permitted by laws and regulations.
7.5 Please do not use any trademarks, service marks, trade names, domain names, website names, or other distinctive brand features of the Company and its affiliates (collectively, the “Marks”) without permission under any circumstances. You shall not display, use, or apply for registration of a trademark, domain name, etc., in any manner, either alone or in combination, with the aforementioned Marks, nor express or imply to others that you have the right to display, use, or otherwise have the right to deal with such Marks without the prior written consent of the Company. You shall bear all legal responsibilities for any loss caused to the Company or others as a result of your use of the Company’s trademarks and logos in violation of this Agreement.
8 Handling of Breach of Contract
8.1 If the Company has a reason to believe that your conduct violates or may violate the terms of this Agreement, the Company may, in its sole discretion, and depending on the severity of the circumstances, take one or more of the following measures:
(1) Warning: A warning is an educational guide for users who violate the Agreement. It is used as a way of regulating the normal operation of the game;
(2) Muting: Disabling part or all of the offending user’s chat, and forcibly suspending the user account’s conversation and upload functions, so as to render it impossible for the user account to talk with other users until the expiration or revocation of this penalty;
(3) Temporary Freezing: Restricting the service content of the offending user and restricting related service functions available to him or her until the expiration or revocation of this penalty;
(4) Permanent Freezing: Restricting the account of the offending user, and restricting part of the related service functions either temporarily or permanently;
(5) Temporary Login Ban: Temporarily preventing the offending user’s account from logging in to one or part of the Company’s service platforms for a defined period of time until either the penalty expires or is revoked;
(6) Permanent Login Ban: Permanently preventing the offending user’s account from logging in to use the Company’s services;
(7) Account Suspension: Temporarily or permanently suspending the right of the offending user’s account to log in to the Company’s services;
(8) Legal Liability: If your misconduct causes damage to others or the Company, or violates the provisions of existing laws, you shall bear the corresponding civil, administrative or criminal liability in accordance with the law;
(9) Other Punitive Measures: Including but not limited to confiscation of improperly obtained benefits (such as the in-game virtual items and platform virtual items obtained by you through improper means), deduction of values (including but not limited to experience), as well as other handling measures announced by the Company through appropriate channels. Please note that the above measures will render your account data, items, equipment, and some or all of the account services temporarily or permanently unavailable, so please be mindful of your words and actions.
8.2 The Company respects and protects the legal rights and interests of users and others, such as intellectual property rights, reputation rights, name rights, and privacy rights. You guarantee that the texts, pictures, videos, audios, links and other contents uploaded by you when using the account services do not infringe on the intellectual property rights, reputation rights, name rights, privacy rights, and other legal rights and interests of any third party. Otherwise, the Company reserves the right to remove the allegedly infringing content upon receipt of notice from the related party or parties. You shall handle all claims against third parties and bear all legal responsibilities that may arise from them. If the Company suffers losses (including among others, economic and goodwill losses) as a result of your infringement, you shall also compensate the Company in full for all such losses.
9 Changes, Interruptions, and Termination of the Services
9.1 You understand and agree that the game services provided by the Company are provided on the basis of the present status of existing technology and conditions. The Company will make its best effort to provide the services to you and ensure their continuity and security. You understand that the Company cannot at any time foresee and prevent risks of technical or other nature, including but not limited to force majeure, network issues, faults in third-party services, third-party websites, and other reasons that may lead to interruption of the services, failure to use the application and the services properly, and other losses and risks.
9.2 You understand and agree that the Company has the right to determine the service/function settings and scopes, and to modify, interrupt, suspend, or terminate the account services on a case-by-case basis for the overall operation of the service and the safety of the platform.
9.3 If the Company decides in its sole discretion to terminate the operation of the account services or the account services are terminated for any other reason, the Company will handle matters related to the account operation termination in accordance with the relevant laws and regulations of the issuing region regarding the termination of the operation of network accounts in order to protect the legitimate rights and interests of users.
10.1 You understand and agree that the account services may be affected or interfered with by various factors, and the Company does not guarantee (including but not limited to):
- That the account services are fully suitable for all of the user’s usage requirements;
- That the account services remain uninterrupted, timely, secure, reliable or error-free, and that any software, services or other materials you obtain through the Company meet user expectations;
- That any errors in the account services will be able to be corrected.
10.2 The Company will not provide any property in the course of providing the account services that involve borrowing money or other property not associated with the Company’s account. If you discover any information suspected of impersonating the Company in providing borrowed funds or other information involving property on the Internet, account passwords, advertisements, or promotions, please exercise due diligence and make your own judgment. The Company will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages related to loss of profits, business reputation and data, or other tangible or intangible losses suffered by you as a result.
10.3 You understand and agree that in the course of using the account services, you may encounter factors such as force majeure (refers to an objective event that cannot be foreseen, overcome, and avoided), including but not limited to natural disasters (such as floods, earthquakes and typhoons), government actions, wars, strikes, riots, and upheavals. In the event of force majeure, the Company will endeavor to repair the situation in a timely manner at the first opportunity. However, the Company is exempt from liability for losses caused by force majeure within the scope of laws and regulations.
10.4 The Company reserves the right to deal with illegal and non-compliant content in accordance with this Agreement. This right shall not constitute an obligation or commitment of the Company, and the Company cannot guarantee timely detection of violations or corresponding handling.
10.5 You understand and agree that the Company provides no warranties or conditions of any kind for the account services, express or implied, including but not limited to commercial merchantability and fitness for a particular purpose. Your use of the account services is at your own risk.
10.6 You understand and agree that this Agreement is to ensure compliance with the laws and regulations of the issuing region, to maintain public order and morality and protect the legitimate rights and interests of others. The Company will do its best to make judgments in accordance with the relevant laws and regulations, but will not guarantee that the Company’s judgments are fully consistent with those of judicial and administrative authorities. For that, you have understood and agreed to bear the consequences arising therefrom.
10.7 In no event shall the Company be liable for any indirect, consequential, punitive, incidental, special, or criminal damages, including loss of profits, suffered as a result of your use of the account services. The Company’s entire liability to you, regardless of cause or manner of conduct, shall never exceed the fees (if any) paid to the Company for your use of the account services during the registration period.
10.9 If you violate this Agreement and hand over your account to a third party without permission, any direct or indirect damage caused to yourself or the third party shall be settled between both of you. The Company shall not bear any responsibility.
11.1 If the user is a minor under the age of 18, they shall read this Agreement and other agreements and rules related to the account services under the supervision and guidance of a guardian and obtain the guardian’s consent before using the account services.
11.2 The minor user understands that if they violate the laws and regulations and the content of this Agreement, they and their guardian shall bear all legal responsibilities that may arise as a result in accordance with the law.
12 Additional Provisions
12.1 The laws of the People’s Republic of China shall apply to the formation, entry into force, performance, interpretation, and resolution of disputes of this Agreement. If any provision of this Agreement is invalid or unenforceable due to conflict with the laws of the issuing region, such provisions shall be construed as close as possible to the original intent of this Agreement, and the other provisions of this Agreement shall remain in full force and effect.
12.2 In the event of any dispute between you and the Company arising out of this Agreement, both parties shall endeavor to resolve the dispute amicably; if negotiations fail, (1) For Mainland China users. You agree to submit the relevant dispute to the People’s Court in the place where your game product service provider is registered for litigation. (2) For non-Mainland China users. You agree to submit the relevant dispute to the Hong Kong International Arbitration Center (HKIAC) for settlement in the Chinese language under the applicable laws of the People’s Republic of China.
12.3 We will update this Agreement from time to time to keep up with legal, technical, and commercial changes. When we make updates to this Agreement, we will notify you in a manner appropriate to the significance of those changes. When this Agreement is updated, we will issue the most current version of this Agreement in the account services. You can find out when this Agreement was updated by checking “Last Updated on” at the beginning of this Agreement.
If you have any objections to the updated terms of this Agreement, please stop logging in or using the account services immediately. If you continue to use our products or services, you agree to accept this Agreement as updated.
12.4 The headings in this Agreement are for convenience and reading purposes only and do not affect the meaning or interpretation of any provision of this Agreement.
12.5 You and the Company are independent subjects. In no event shall this Agreement constitute an expressed or implied warranty or condition of any kind by the Company to the user, nor shall it constitute an agency, partnership, joint venture, or employment relationship between both parties.
12.6 This Agreement is effective as of the date of publication, and constitutes the entire consensus between you and the Company concerning the account services and supersedes any prior agreements and understandings between the parties on the same matter.
12.7 If you have any comments or suggestions regarding this Agreement or the account services, please send an email to our Customer Services at: email@example.com.
The providers of the FunPlus account services include: FunPlus International AG (Bahnhofstrasse 2, 6300 Zug, Switzerland); and FunPlus Group and its affiliates. Please refer to the account description for the specific service provider of the account.