Tencent Game License and Service Agreement
This “Tencent Game License and Service Agreement” (hereinafter referred to as the “Agreement”) is entered into by and between you and Tencent Game Service Provider, and this Agreement shall have legally binding force. Please carefully read and fully understand each clause of this Agreement, especially the clauses that exclude or exempt the liabilities of Tencent (hereinafter referred to as the “Exemption Clauses”), the clauses that limit the rights of users (hereinafter referred to as the “Limitation Clauses”), the clauses related to dispute resolution and court jurisdiction, and the separate agreements for activating or using certain services. The Exemption Clauses, Limitation Clauses, dispute resolution related clauses and jurisdiction related clauses, including but not limited to Clause 2, Clause 3, Clause 4, Clause 6, Clause 9 and other related clauses of this Agreement, may be provided in bold, with color or in other reasonable forms to draw your attention. Your acceptance of these clauses may cause difficulties, inconvenience or losses to you under certain circumstances, so please make sure to double check the above-mentioned clauses before you accept this Agreement or use Tencent Game Service.
Unless you have read and accepted each and all clauses of this Agreement, you shall not be allowed to use Tencent Game Service. You may contact Tencent’s customer service department if you have any suggestion and comment on this Agreement or Tencent Game Service, and we will provide you with necessary help. It is deemed that you have already read and agreed to sign this Agreement, if you click “Agree”, “Accept” or “Next Step” button, or register and use Tencent Game Service.
If you are under the age of 18, please read this Agreement in company with your legal guardian and pay special attention to the clauses regarding use for minors. If you are the legal guardian of a minor, who wishes to arrange the entertainment time of your child in a reasonable way and help your child to adopt a healthy game habit, you may visit Tencent Game’s Platform for Child Growth and Guardian (https://jiazhang.qq.com/jz/home.html) to acquire relevant information. When using Tencent Game’s Platform for Child Growth and Guardian, you shall comply with the “License and Service Agreement of Platform for Child Growth and Guardian.”
1.2 Game Rules, refer to Tencent Game’s user codes, player regulations, game announcements, tips, notifications, and other contents, which are issued and updated by Tencent Game Service Provider from time to time.
1.3 Tencent Game Service Provider, refers to Shenzhen Tencent Computer System Co., Ltd., herein referred to as “Tencent” in this Agreement, which provides you with Tencent Game and Tencent Game Service.
1.4 Tencent Game, collectively refers to all the games operated by Tencent, including client-based PC games, web games, HTML5 games (H5 games), mobile games, TV games and other types of games; and Tencent Game may be provided in the form of software, in which case Tencent Game also includes the related software and documents.
1.5 Tencent Game Service, refers to all the online operation services regarding the games provided by Tencent to you.
1.6 You, also referred to as “player(s)” or “user(s)”, refers to any natural person who is authorized to use Tencent Game and Tencent Game Service.
1.7 Game Data, refers to all types of data generated during your use of Tencent Game and recorded by the servers, including but not limited to character data, virtual item data, behavior logs, purchase logs, and other data.
2. GAME ACCOUNT
2.1 If you want to use and enjoy Tencent Game, you need to designate a QQ number ,a WeChat account or any other account recognized by Tencent that you have the right to use as your game account, and log in the Real-Name Registration System to perform real-name registration in accordance with the relevant requirements of laws and regulations. Your application and use of the QQ number, WeChat account and any other account recognized by Tencent shall comply with the “Tencent Terms of Service”, “QQ Number Policy”, “Tencent WeChat Software License and Service Agreement”, “Standards of WeChat Personal Account Usage”, and other regulations related to the aforementioned accounts issued and updated by Tencent from time to time.
When performing the real-name registration, you shall provide authentic, legitimate, accurate and valid identification information along with other relevant information about yourself, and you shall never use the identity of another person to perform the real-name registration. Otherwise, Tencent will be entitled to take one or multiple measures as listed in Section 2 of Article 6.5 of this Agreement and may publish the results. You shall be responsible for all the consequences caused by it, and Tencent is entitled to claim compensation from you for all losses caused to Tencent.
In order to meet the real-name authentication requirements prescribed by laws, regulations and regulatory requirements, Tencent needs to conduct real-name authentication of your game account when you log in with a QQ or WeChat account as your game account. You agree that Tencent may verify the real-name authentication with Tenpay Payment Technology Company Limited (hereinafter referred to as "Tenpay") regarding the QQ wallet payment account associated with the QQ or the WeChat payment account associated with the WeChat account. If Tenpay reports that the corresponding payment account has completed real-name authentication, you agree that Tencent can use the real-name information of the QQ wallet payment account associated with the QQ or the WeChat payment account associated with the WeChat account as the real-name information of your login game account. Meanwhile, you hereby agree that Tenpay can provide your real-name authentication status and your age to Tencent (which is used for determining whether you need to be included in the anti-addiction system); if Tenpay reports that the corresponding payment account has not completed the real-name authentication, you should perform real-name registration in accordance with Tencent's requirements, and you agree that Tencent can provide the real-name information submitted by you to the national authorities, financial institutions, payment institutions and related organizations that legally retain your information to verify such real-name information submitted by you. You can also choose to conduct the real-name authentication through the QQ wallet payment account associated with QQ or the WeChat payment account associated with the WeChat account (provided by TenPay), and complete the real-name registration of Tencent Games using the Tenpay's real-name information.
If you use another account approved by Tencent (hereinafter also referred to as "Third-Party Account") as the game account, you agree that Tencent can verify the status of real-name authentication of the Third-Party Account with the provider of such Third-Party Account. If the provider of such Third-Party Account reports that the Third-Party Account you use has completed real-name authentication, you do not need to perform real-name registration again, and you hereby agree that the provider of such Third-Party Account can provide your real-name authentication status and your age to Tencent (used to determine whether you need to be included in the anti-addiction system). If the provider of such Third-Party Account reports that the Third-Party Account you use has not completed the real-name authentication, or Tencent has not verified the real-name authentication of the Third-Party Account with the provider of such Third-Party Account, you should perform real-name registration in accordance with Tencent's requirements, and you agree that Tencent can provide the real-name information submitted by you to the national authorities, financial institutions, payment institutions and related organizations that legally retain your information to verify such real-name information submitted by you.
If your game account already meets the real-name requirements in a specific Tencent game, you do not need to provide relevant identity information if you use the same game account to register and log in to other Tencent Games.
2.2 You further acknowledge and agree that you may not be able to recharge for your game account or make purchase when using a guest account. Once you uninstall/re-install Tencent Game or replace your terminal device such as mobile phone or computer, or your terminal device is damaged, all the Game Data generated during your use of a guest account may be deleted and cannot be queried or recovered. You shall be responsible for all your losses arising from these circumstances.
If you use a third-party account recognized by Tencent as the Game Account for Tencent Game, you shall also comply with the agreement and rules regarding the third-party account. You shall contact the third party to resolve the related problems arising from your use of the third-party account, including but not limited to account theft, and Tencent may provide appropriate assistance to you depending on the circumstances.
2.3 You fully understand and agree that, according to the relevant government requirements, Tencent may use your real-name registration information (including relevant real-name authentication status, age information etc.) in the anti-addiction system. In other words, Tencent may use the real-name registration information you have provided to verify whether you are under the age of 18, whether your identity information meets the relevant requirements, whether you have passed the real-name authentication and other issues, and then Tencent can determine whether to impose the anti-addiction restrictions on your game account.
2.4 You fully understand and agree that, Tencent is entitled to verify the authenticity and validity of the information provided by the user during registration, and actively take reasonable technical and administrative measures to guarantee the safety and validity of the user’s account. The user is obligated to take care of his/her account and password, and to use the account and password in a safe manner. If any party fails to perform any of the above obligations and thus results in the loss or theft of account and password, the party should be legally responsible for any damage caused to the civil rights of the user or other third party.
If you find anyone else assumes or steals your game account and password, or uses your game account and password without your authorization, you shall immediately notify Tencent in an effective manner in accordance with Tencent’s request and inform Tencent of the measures need to be taken. When you notify Tencent, you shall provide your valid personal identity information that is consistent with your registered information. Upon receiving your valid request and completing the verification, Tencent will take corresponding measures based upon your request or upon the specific circumstances (including but not limited to suspending the log-in and use of the account, or other measures). You should be responsible for any loss of yourself or other users caused by the measures taken by Tencent following your request. If you do not provide valid identity information or the personal information you have provided is inconsistent with your registered identity information, Tencent is entitled to reject your request, and you should be responsible for any loss caused by such rejection.
2.5 You fully understand and agree that, in order to ensure the effective use of the server resources, if you do not use your game account to log-in Tencent Game in three years, Tencent is entitled to take relevant measures, such as deleting your account along with the Game Data and other information related to the account upon prior notification.
2.6 The game account is the identification that Tencent authorizes you to log in and use Tencent Games and related services in accordance with this Agreement, and its ownership belongs to Tencent. You only have the right to use the game account in accordance with this Agreement, “QQ Number Policy”， “Tencent WeChat Software License and Service Agreement”, "Standards of WeChat Personal Account Usage"，relevant account usage agreement and special rules issued by Tencent for it. You shall not provide your game account to anyone else for use in any manner, including but not limited to assigning, leasing and lending your game account to anyone else for commercial use, including but not limited to live broadcasting, videotaping, surrogate training/ gaming and other commercial use. Otherwise, you shall be responsible for any legal consequences and liabilities caused by your action, and Tencent will be entitled to take punitive measures against your game account, including but not limited to issuing warning, restricting or prohibiting the use of all or part of your game account function, deleting game account along with Game Data and other related information, banning or canceling of game account, and you will be responsible for all the losses caused thereby.
2.7 In the case that Tencent Games provides the game account cancellation function, if you need to cancel the game account, you may follow the account cancellation guidelines officially provided by the game, and you should ensure that you meet the relevant conditions for game account cancellation officially announced by the game, and you agree the official game account cancellation agreement and other relevant rules announced by the game. At the same time, it is also specially reminded that if you log out of the game account, the relevant game revenue under the game account will also be cleared. Therefore, please make sure that you have properly handled the game revenue or have settled related game revenue under the game account before you cancel this game account. Once you cancel this game account, if there is any game revenue remaining under the game account at that time (including the game revenue that has generated during the use of this game and will generate in the future), Tencent has the right to clear all game revenue under the game account, and the consequences are at your own risk. The aforementioned game revenue includes, but is not limited to: game membership rights and levels; all data related to the growth and upgrade of game characters (including but not limited to experience points, honor points, reputation points, title, etc.); unused online game virtual currency, virtual props and other virtual items (such as coupons, gold coins, diamonds, props and other items, etc.); value-added services that have been purchased but are not expired or used; other game revenues that have been generated but are not completely consumed or any future game revenues expected therein.
3. USER INFORMATION COLLECTION, USE AND PROTECTION
3.1 You agree and authorize Tencent to collect your user information for the purposes of performing this Agreement, including your real-name registration information, Game Data of your game account, and other information you have provided during the use of Tencent Game Service and the information collected by Tencent for the sake of information security and user experience optimization, and so forth. Tencent will collect your user information pursuant to this Agreement and relevant laws and regulations.
3.2 You fully understand and agree that, based on your user information, Tencent or third parties in cooperation with Tencent may provide you with various information about Tencent Game’s activities, promotion information and other information through messages, phone calls, emails and other means.
3.3 You fully understand and agree that, in order to provide better game services to you and to improve your gaming experience, Tencent may collect the information such as unique identification, nicknames, avatars, friend relationships and other information that you authorized in your QQ number, WeChat Account and other accounts recognized by Tencent (Third-Party Account) that you used as game account , and your related operation information and gaming information in Tencent Game (hereinafter referred to as the “Information”, including but not limited to your log-in status, battle information/status, and achievement information, and so forth) and Tencent may display the Information to yourself, your friends or other users.
You understand and agree that, if competent national authorities require Tencent to assist in investigating your game account (including real-name identity information) and game- related data (such as recharge, consumption and transaction data) in accordance with laws, Tencent may provide the aforementioned relevant information to the competent national authorities.
3.4 You shall fully respect the personal information of others, including but not limited to, the personal information of other users that you obtain, receive or have access to through Tencent Game and related services. You should not collect, copy, store, propagate, or in any other way use other users’ personal information, otherwise you will be responsible for any consequences arising therefrom.
3.5 Protecting user information and privacy is a basic principle of Tencent. Unless otherwise provided in this Agreement, the collection, use and protection of user information in Tencent Game Service shall comply with Tencent Game Privacy Protection Guideline and other agreements. Except as otherwise provided by law, if you have agreed or authorized Tencent to collect, use or process your personal information in accordance with the foregoing Agreement or regulations, Tencent's collection, use or processing of related personal information under your consent before your withdrawal of such consent will continue to be valid if you withdraw the consent or authorization.
4. TENCENT GAME SERVICE
4.1 Subject to your compliance with this Agreement and relevant laws and regulations, Tencent hereby grants you a personal, non-transferable and non-exclusive license to use Tencent Game Service. You shall use Tencent Game Service only for non-commercial purposes, including:
(1) receiving, downloading, installing, starting, upgrading, logging in, displaying, running and/or screenshotting of Tencent Game;
(2) creating a game character, setting online name, viewing Game Rules, user profiles and game battle results, creating a game room, setting game parameters, purchasing or using game items, game equipment, game currency and so forth in Tencent Game, and using chatting function as well as social sharing function; and
(3) using one or several other functions supported and granted by Tencent Game.
4.2 During your use of Tencent Game Service, you shall not record, broadcast or share with others the content of Tencent Game in any way without the permission of Tencent, including but not limited to web-casting and broadcasting Tencent Game through any third-party software.
4.3 In the event that Tencent Game is provided in the form of software, you shall also comply with the provisions of Article 5 of this Agreement regarding software licenses when using Tencent Game Service.
4.4 All other rights that are not expressly authorized in this clause or other clauses of this Agreement will be reserved by Tencent. You must obtain Tencent’s separate written approval before exercising these rights.
4.5 Upon your breach of this Agreement, Tencent is entitled to take one or multiple punitive measures as listed in Section 2 of Article 6.5 of this Agreement and may publish the results, and (/or) Tencent is also entitled to demand you to compensate all the losses suffered by Tencent due to your violation.
4.6 You fully understand and agree that, Tencent is entitled to reasonably judge the user’s violation of relevant laws and regulations or the provisions of this Agreement, take appropriate legal actions against any user who violates laws and regulations, and store and report the relevant information to the relevant departments in accordance with the laws and regulations and so forth. The user shall be solely responsible for all the legal consequences arising therefrom.
4.7 You fully understand and agree that, you shall be solely responsible for any claims, demands or losses claimed by any third party resulting from your violation of the provisions of this Agreement or other related terms of service; and you shall indemnify Tencent for any loss arising therefrom, if any.
4.8 You fully understand and agree that, all game equipment, game currency, and other game items are part of Tencent Game Service, and Tencent hereby grants you the right to use them under this Agreement. Your purchase and use of the game equipment, game currency and other game items shall comply with the requirements of this Agreement and the specific rules concerning the game. Also, these game equipment, game currency and other game items may be expired subject to a certain valid period even if you have never used them within the valid period. Except for force majeure or other reasons attributable to Tencent, they will automatically expire upon the end of valid period.
You fully understand and agree that to provide better Tencent Game Service to users, Tencent is entitled to make adjustments, updates or optimization to relevant content of the game (including but not limited to the art design, performance and related numerical settings of the game characters, game equipment and other game items).
4.9 You fully understand and agree that, to protect the security of your game account and create a fair, healthy and safe gaming environment, during your use of Tencent Game Service, subject to the stipulation of relevant laws, Tencent is entitled to have access to the random-access memory (“RAM”) of your terminal device and other relevant programs running in parallel with Tencent Game through technical means. Upon discovery of any unauthorized or harmful program that hinders the normal operation of Tencent Game Service, Tencent is entitled to collect all the relevant information and take reasonable measures against such program.
4.10 You fully understand and agree that, to ensure the gaming experience for you and other users, Tencent is entitled to transfer or clear some obsolete Game Data stored in Tencent’s game server.
You fully understand and agree that, to create a fair, healthy and safe gaming environment, encourage users to fairly compete, and improve the gaming experience for you and other users, Tencent establishes and implements the Tencent Game Credit Score System. You agree to abide by the Tencent Game Credit Platform Services Agreement and other rules issued by Tencent in relation to the Tencent Game Credit Score.
You fully understand and agree that, Tencent is entitled to use your personal information produced during your uses of Tencent Game services (including the Game Data under your game account, and other personal information provided to or collected by Tencent due to the safety, user experience improvement and others concerns during your use of Tencent Game Services) to calculate your game credit score.
You fully acknowledge and agree that, Tencent is entitled to implement incentive mechanism and restriction measures in some or all Tencent Games and other products and services operated by Tencent that you use based on your game credit score. The afore-mentioned incentive mechanism contains providing services adding rights and interests to you, including but not limited to incentive game rewards, game equipment trail opportunity, etc.; the afore-mentioned restriction measures include but not limited to restrictions on your game rewards, prohibitions to post and excluding from ranking list, etc.
For more details of the Tencent Game Credit Score System rules, please refer to the Tencent Game Credit Platform Services Agreement and other rules issued by Tencent in relation to the Tencent Game Credit Score.
4.11 In accordance with the relevant laws and regulations and this Agreement, Tencent will take effective measures to protect the legitimate rights and interests of minors during their use of Tencent Game Service, including possible measures to prohibit minors from engaging in inappropriate games or game functions, to limit minors’ gaming time, and to prevent minors from internet addiction. As part of the Game Rules, Tencent will also publish Tencent Game User Guidelines and warning instructions in a proper place, including the game content introductions, proper ways to use the game and ways to prevent harm. All minors shall read and follow these guidelines and instructions carefully under the guidance of the legal guardians. Other players shall avoid publishing or generating any content that may harm the physical or mental health of minors during the use of Tencent Game Service, so as to create a healthy gaming environment.
4.12 You acknowledge and agree that Tencent is entitled to incorporate your game account into the corresponding anti-addiction system and take corresponding anti-addiction measures if one of the following situations occurs:
(1) The system determines that you are under the age of 18; or
(2) The real-name registration information you submitted does not meet the requirement; or
(3) You fail the real-name registration; or
(4) You log in under tourist mode; or
(5) Situations where other national laws, regulations or policies require or Tencent has reasonable grounds to believe that it needs to be included in the anti-addiction system.
In addition, in order to further improve the accuracy of real-name authentication and prevent minors from impersonating the identity information of others, we may enable face recognition verification in some games or for some users, or obtain your game account information from a third-party platform, to identify and record your game behaviors based on the minor protection strategy, and then determine whether your game behaviors meet the characteristics of a minor’s game behaviors. If Tencent Games requires you to perform face recognition verification, but you fail to pass or reject, we will also incorporate your game account into the corresponding anti-addiction system and take corresponding anti-addiction measures.
Regarding the accounts that fall into the anti-addiction system, Tencent is entitled to take one or several of the following measures in accordance with the stipulations of the relevant laws, regulations and policies, the terms of other clauses of this Agreement, the operation strategy of Tencent Game, or the reasonable requests of your legal guardian:
(1) providing your legal guardian with related information about your game (including but not limited to log-in information of your game account, recharging and consumption information, and so forth), so that your legal guardian can be informed of your gaming situation timely or simultaneously;
(2) limiting the consumption cap of your game account;
(3) adopting technical measures to block certain games or certain functions of Tencent Game or limiting the gaming time or duration for you;
(4) canceling or deleting your game account, Game Data and other related information;
(5) taking any other reasonable measures following the request of your legal guardian or the reasonable discretion of Tencent to restrict or prohibit your use of Tencent Game; and
(6) relevant measures required by national laws, regulations or policies.
4.13 The provision of Tencent Game Service by Tencent is a commercial activity, for which the user is entitled, at his/her own discretion, to decide whether or not to pay associated fees to obtain the corresponding Tencent Game Service, according to the list of charging item unilaterally issued by Tencent (including but not limited to purchasing the right to use virtual items in the game as well as receiving other value-added services and so forth) and Tencent’s corresponding charging rates. You are unable to enjoy certain game services if you fail to pay the fees according to the relevant charging rates.
You acknowledge and agree that changes or adjustments to the charging items or charging rates are normal business activities and you shall not request Tencent to indemnify or compensate you for any change or adjustment to the charging items or charging rates.
You acknowledge and agree that, if you use legal tender to recharge and make purchase in the game or to exchange for game virtual currency, virtual props and other virtual items or value-added services, you are deemed to have purchased the game services, and the game virtual currency, virtual props and other virtual items or value-added services you purchased or exchanged will be non-refundable and will not be exchanged into legal tender again, unless otherwise prescribed by mandatory provisions in law.
4.14 In no event shall Tencent be liable for any damage suffered by you as a result of force majeure during the use of Tencent Game Service. Such force majeure events include but not limited to laws, regulations, policies of the state, orders from state organs, other governmental acts, or other unforeseeable, unavoidable and insurmountable events, including but not limited to earthquakes, floods, snowstorms, fires, tsunamis, typhoons, strikes, wars and so forth.
4.15 Tencent Game may encounter game software bugs, version update flaws, third-party virus attacks, or any other factors, which may lead to the data abnormality of game characters, game items, game equipment, and game currency of your game account data or Game Data. Tencent is entitled to temporarily freeze the game account before the cause of the abnormality is identified. If the Game Data abnormality is identified to be caused by abnormal game behavior, Tencent is entitled to restore the Game Data of the game account to the original status before the abnormality occurs (including requesting a transfer back of the Game Data from a third party), under which circumstance Tencent will not be responsible for any consequences arising therefrom. If the data abnormality is caused by your violation of laws or regulations or violation of the provisions of this Agreement, Tencent is entitled to take one or more of the measures specified in Section 2 of Article 6.5 of this Agreement.
4.16 Tencent does not grant you the right to obtain game accounts, game items, game equipment, game currency, and other game services from any third-party by purchasing, accepting gifts or other ways. Tencent will not be responsible for any Third-party Transaction (Third-party Transaction refers to your behaviors to purchase, accept gifts or by other ways to obtain game accounts, game items, game equipment, game currency, and any other game service from a third- party ), and will not accept any complaint arising from the disputes of third-party transactions.
4.17 You fully understand that, there are objectively existing incompatibilities in different operating systems, and such objectively existing incompatibilities cannot be attributed to Tencent, thus your recharging fees and game data in one operating system may not be smoothly transferred to another. You, rather than Tencent shall be responsible for the loss of your recharging fee or game data caused by your switch of different operating systems.
4.18 You fully understand that, there may be mandatory battle zones or battle gameplay in Tencent Game. If you do not agree to be assigned to such mandatory battle, please do not enter these games or battle zones; and your entry will be deemed as agreement to the battle gameplay and acceptance of the consequences.
4.19 If the operation of Tencent Game is terminated upon Tencent’s own discretion or for any other reasons, Tencent will handle the termination of the game operation in accordance with the relevant laws and regulations issued by the country regarding termination of online games, so as to protect the legitimate rights and interests of the users.
5. SOFTWARE LICENSE
5.1 You may need to download and install relevant software to use Tencent Game Service, and you can obtain the software directly from Tencent’s related websites or from third parties authorized by Tencent. If you obtain Tencent Game or a game with the same name as Tencent’s game from a third party not authorized by Tencent, you will be deemed to have not obtained license from Tencent, and Tencent will not guarantee the normal use of the game, nor compensate you for any damage caused thereby.
5.2 Tencent may develop different versions of a software for different terminal devices or operating systems, including but not limited to different versions for Windows, iOS, Android, Windows Phone, Symbian, Blackberry, Nintendo Switch and so forth. You may choose to download the appropriate version for installation in the light of actual conditions, and after downloading the installation program, you should install the program by correctly following the instructions provided by the program.
5.3 If Tencent Game is provided in the form of software, Tencent grants you a personal, non-transferable and non-exclusive license to use the software. You may download, install, log in and use Tencent Game software on a single terminal device only for non-commercial purposes.
5.4 In order to provide more high-quality and safe service, Tencent may recommend you to install other software during the game software installation process, you can choose to install them or not.
5.5 If you no longer need to use the software or to install a new version, you can uninstall on your own. If you are willing to help Tencent to improve its product and service, please inform Tencent of your uninstallation reason.
5.6 In order to ensure the security and functional consistency of Tencent Game Service, Tencent is entitled to update the software and to change or limit certain functional effects of the software.
5.7After a new version of software is released, the older versions may become unusable. Tencent cannot guarantee the continuous usability and the relevant client services of the older version software, please check and download the latest version regularly.
6. USERS’ CODE OF CONDUCT
6.1 You fully understand and agree that, you shall be responsible for all actions of your game account, including any content you post and the consequences arising therefrom.
6.2 Aside from using Tencent Game Service pursuant to this Agreement, you shall not engage in any activity that infringes the intellectual property of Tencent Game or engage in any activity that is harmful to the legitimate interests of Tencent or other third parties.
6.3 You shall comply with the laws and regulations during the use of Tencent Game or Tencent Game Service. You shall not use Tencent Game or Tencent Game Service to engage in any illegal conducts, including but not limited to the followings:
(1) opposing the fundamental principles determined by the Constitution;
(2) jeopardizing the unity, sovereignty and territorial integrity of the state;
(3) divulging state secrets, undermining state security or damaging the honor or interests of the state;
(4) inciting hatred or discrimination among ethnic groups, undermining the solidarity among ethnic groups, or disrespecting ethnic customs and practices;
(5) promoting heresy or superstition;
(6) spreading rumor, creating social disorder or harming social stability;
(7) advocating obscenity, pornography, gambling, violence, or abetting the commission of a crime;
(8) insulting or defaming others or infringing any legitimate rights of others;
(9) harming social morality;
(10) containing any other content prohibited by any law, administrative rule or national regulation.
6.4 Unless permitted by laws or written consent of Tencent, you shall not engage in any of the following conducts:
(1) deleting the copyright information on the game software or its copies;
(2) reverse engineering, reverse assembling, reverse compiling of the game software, or any other attempts to obtain the software source code and other confidential contents, including but not limited to the game elements that are not yet voluntarily published by Tencent as a public presentation, but have already been sealed in the game installation package;
(3) scanning, exploring and testing the game software to detect, discover and identify the possible bug or vulnerability therein;
(4) copying, modifying, adding, deleting, mount-running or creating any derivative work from the game software or the data released to the RAM of any terminal device during the running of the software, 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, in such ways including but not limited to using plug-in, cheating tool or unauthorized third-party tool/service to access the software and related systems;
(5) modifying or forging any instructions and data during the running of the software, adding, deleting or changing the function or operation result of the software, or operating and propagating relevant software or method which can used to achieve the above-mentioned function, no matter whether or not the above actions are conducted for commercial purpose;
(6) using Tencent Game and Tencent Game Service through third-party software, plug-in, cheating tool or system that is not developed nor authorized by Tencent, or creating, publishing and propagating third-party software, plug-in, cheating tool and system that is not developed nor authorized by Tencent;
(7) using, leasing, lending, copying, modifying, linking, forwarding, assembling, publishing, issuing or establishing mirror site of the content in the game which Tencent owns intellectual property rights;
(8) establishing mirror site related to Tencent Game, or taking snapshot of relevant web page (web site), or providing service identical or similar to Tencent Game Service by establishing server or alike;
(9) isolating any part of Tencent Game from its main body for separate use, or using Tencent Game in other ways which breaches the provisions of this Agreement;
(10) using, modifying or covering the name, trademark and other intellectual property of Tencent Game;
(11) any other conducts without Tencent’s express authorization.
6.5 If you engage in any of the following conducts during your use of Tencent Game Service, according to the stipulations of this Agreement and relevant Game Rules, Tencent is entitled to take punitive measures as specified in Section 2 of this clause against you depending on the severity of the circumstance, and may publish the results:
(1) implying or falsely claiming to be internal employees of Tencent or certain special identities in any way, in order to gain improper benefits or impact the rights and interests of other users;
(2) using or uploading illegal or inappropriate word, character and other content in Tencent Game, including using them as the name for game character;
(3) undermining Tencent Game or interrupting the normal operation of Tencent Game Service in any way, including but not limited to:
1) Illegal and/or malicious registration and game login behaviors, including but not limited to malicious batch registration of game accounts, and logging in the game by violating server authentication, malicious crowding, etc.
2) Malicious behaviors that may cause the game server to be shut down, stalled, or cause other game players to drop off, delay and undergo other abnormal circumstances, such as using DDOS to conduct network traffic attacks on the game server or other players;
3) Taking advantage of game bugs to make profit, damage the game environment, or adversely affect other players;
4) Negative gaming activities that disrupt the gaming experience of other users. This includes, but is not limited to, maliciously harming or killing one’s teammates, malicious teaming, maliciously losing the game and reducing game credits, passively quitting the game, escaping, deliberately offering one’s death to the other side, and other negative activities that disrupt other users' gaming experience;
5) Game Data being abnormal, and other actions that adversely affect the fairness of Tencent Games.
(4) using any private server and cheating tool;
(5) using game synchronizer (including but not limited to using a hardware synchronizer for keyboard, mouse, etc., so as to use a set of keyboard and mouse to simultaneously and synchronously control multiple computers to play the game), and using any other hardware that can result in abnormal performance on game efficiency or revenue data (including but not limited to "continuous clicking device", hereinafter collectively referred to as "Cheating Hardware");
(6) spreading illegal or inappropriate information;
(7) stealing other user’s game account and game item;
(8) making transaction of game account, sharing account and conducting other activities that affect account safety;
(9) without Tencent’s permission, making unauthorized transaction of game virtual currency, game equipment, game currency and other game item with other users , or obtaining game virtual currency, game equipment, game currency and other game items or game services from third parties by purchasing, accepting gifts, or otherwise;
(10) recharging games through discount channels that are not authorized or recognized by Tencent, conducting transactions of discounted game item (such as buying discounted skins at low prices from non- official channels outside Tencent), or entrusting a third party that is not authorized or recognized by Tencent to recharge on their behalf, or recharging using third-party software that are not authorized or recognized by Tencent.
(11) breaching any term of this Agreement or violating any provisions of national laws or regulations; or
(12) conducting any other misconduct that is widely recognized within the industry.
The measures specified in the preceding paragraph include but are not limited to:
(1) a warning; and/or
(2) block from posting, including but not limited to game-wide block, block in single-region, and block in public channel; and/or
(3) content reset, including but not limited to resetting or forcibly modifying illegal nicknames, room names, pictures and other illegal information or content that you provide or upload; and/or
(4) reducing or limiting your game's revenue, such game revenue including but not limited to the improvement of all the data related to the game's character growth and upgrade (such as experience value, honor value, reputation value, title, etc.) and the obtaining of game props, equipment, virtual currency and other virtual items; and/or
(5) deleting or cancelling your game account, Game Data or other game related information; and / or
(6) restricting or prohibiting you from entering certain scenes in the game or using game-specific features; and/or
(7) forcing to quit the game (i.e. "kick from the game"), including but not limited to a forced withdrawal from the entire game, or a single battle in the game, or other game behavior you are working on; and / or
(8) temporarily or permanently prohibiting your game account from logging in Tencent Games (hereinafter referred to as "the Account Block"); and/or
(9) temporarily or permanently prohibiting the specific terminals (including but not limited to PC terminals, mobile terminals, etc.) involved in your violations of the law from logging into Tencent Games; and/or
(10) suspending or terminating your use of Tencent Games and related services, or unilaterally notifying you of the termination of this Agreement; and / or
(11) filing a corresponding civil action against your violation of laws and regulations, claim against you for your infringement, breach of contract or other civil liability, and claim you for compensation over the losses suffered by Tencent from your violation of the law (including the direct economic losses, loss of reputation or goodwill suffered by Tencent, and Tencent’s payment of compensation, settlement fees, attorney fees, litigation costs and other indirect losses), or transferring to the relevant administrative authority for administrative punishment, or transferring to the judicial authorities for pursuing your criminal liability; and /or
(12) other measures of Tencent that are announced through game rules (including but not limited to user codes, player regulations, game announcements, tips and notices).
You acknowledge and agree that, due to the hidden and fast-disappearing nature of game synchronizer and other Cheat Hardware, Tencent is entitled to decide whether you have conducted behaviors of using game synchronizer or other illegal Cheating Hardware based on your Game Data and abnormal performances.
6.6 You acknowledge and agree that, if Tencent takes Account Banning measures against your game account pursuant to this Agreement, Tencent is entitled to determine the duration of the ban based on the severity of your violation.
You acknowledge and agree that, (1) the game virtual currency, game equipment, game currency and other game item of your game account may be unusable during the period of Account Banning; (2) if the aforementioned game virtual currency, game equipment, game currency and other game item is subject to certain valid period, the valid period may expire during the period of Account Banning, and thus you will not be able to use the expired game virtual currency, game equipment, game currency and other game item after the expiration of Account Banning period.
7. I NTELLECTUAL PROPERTY
7.1 Tencent owns all the intellectual property rights of Tencent Game. All copyrights, trademarks, patents, trade secrets and other intellectual properties, along with other legitimate rights and interests of Tencent Game (including but not limited to the overall Tencent Game and all art, music, text, and other game elements and components included in Tencent Game, and the continuous dynamic pictures presented when running Tencent Game), as well as all information and contents related to Tencent Game (including texts, images, audios, videos, graphics, interface designs, layout frameworks, related data or electronic documents, and so forth) are protected by the laws and regulations of the PRC and relevant international treaties. Tencent owns the aforesaid intellectual property rights and legal rights, except for the rights enjoyed by the relevant right owners in accordance with the laws. Without prior written consent from Tencent, you shall not use Tencent Game (including but not limited to the overall Tencent Game and all art, music, text, and other game elements and components included in Tencent Game, and the continuous dynamic pictures presented when running Tencent Game) in any way for commercial purpose or disseminate the content of Tencent Game through information network.
7.2 If there is a platform function or service of Tencent Games that you can self-produce, create or upload related content by yourself (hereinafter referred to as "UGC Platform"), regarding the content you produce, create, upload or publish using the UGC platform (hereinafter referred to as "UGC Content"), you shall ensure that it is legal and does not infringe the legal rights and interests of others and shall comply with the relevant rules published by Tencent on the UGC Platform (hereinafter referred to as "UGC Platform Rules "). You also agree that:
(1) If the UGC content contains Tencent Game content (including but not limited to the overall Tencent Game and all art, music, text, and other game elements and components included in Tencent Game, and the continuous dynamic pictures presented when running Tencent Game) and/or other content in which Tencent enjoys intellectual property rights, you shall obtain written consent from Tencent for your commercial use of UGC Content, and comply with the corresponding UGC Platform Rules.
(2) Regarding UGC Content, you agree to irrevocably authorize Tencent to use the UGC Content in any way (the aforementioned "use" includes, but is not limited to, reproduce, distribute, rent, exhibit, perform, broadcast, modify, adapt, communicate through information network and use in other ways, including for both commercial and non-commercial purposes, within and outside the game, as well as within the UGC Platform and outside the UGC Platform; for the convenience of description, the aforementioned right to use is collectively referred to as "Right to Use"), and at the same time authorize Tencent to re-delegate or sub-license the aforementioned Right to Use to third parties. You promise that such use by Tencent will not infringe any third party intellectual property rights and other legal rights.
(3) For UGC Content, you can only display the UGC Content on Tencent Games and other platforms approved by Tencent or use it in the certain ways approved by Tencent. You shall not disseminate or authorize a third party to disseminate such content on other platforms without Tencent's permission, and you shall not conduct or authorize a third party to conduct any publication, commercialization, secondary derivative use and other use activities. In case of any violation, Tencent reserves the right to pursue legal actions against you.
(4) For UGC Content, you irrevocably authorize Tencent to take actions by itself or by entrusting a professional third party to defend rights against the violation of the legitimate rights and interests of UGC Content . Actions of protecting such rights includes, but are not limited to: monitoring infringements, sending letters claiming rights protection, filing lawsuits or arbitrations, mediation, settlement and others. Tencent is entitled to make decisions on the matters of rights protection and implement them independently.
(5) If pursuant to the Copyright Law and other laws, you enjoy the right of publication, right of authorship, right of alteration, right of integrity and other moral rights of copyright of the UGC Content, you agree that Tencent can decide whether or not to affix your name according to the specific circumstance or scenario of use of the UGC Content. Also, you agree that you will not claim the right of publication, right of authorship, right of alteration, right of integrity and other moral rights against Tencent due to Tencent's use of UGC Content in accordance with this Agreement.
7.3 Notwithstanding any other stipulations in this Agreement, the ownership and intellectual property rights of the Game Data generated during your use of Tencent Game Service is solely owned by Tencent, and Tencent is entitled to store and dispose of the Game Data. Among which, Tencent’s preservation period for the user’s purchase record of game virtual currency will be in compliance with the national law and regulations. Unless otherwise stipulated by state laws and regulations, the preservation period for other Game Data shall be solely determined by Tencent.
7.4 Tencent Game may involve third-party intellectual property rights, and if such third party holds any requirement on the intellectual property rights which you may use in Tencent Game in pursuance of this Agreement, Tencent will inform you of the said requirement in an appropriate manner and you shall comply with such requirement as well.
8. COMPLIANCE WITH LOCAL LAWS AND REGULATIONS
8.1 During your use of Tencent Game Service, you shall abide by local laws and regulations and respect local ethics and customs. If your conduct is in violation of local laws, regulations or moral customs, you shall be solely responsible for the consequences arising therefrom.
8.2 You should avoid getting Tencent involved in political and public incidents for your use of Tencent Game Service. Otherwise, Tencent is entitled to suspend or terminate the provision of services to you.
9. JURISDICTION AND APPLICABLE LAW
9.1 This Agreement is signed in Nanshan District, Shenzhen, Guangdong Province of the PRC.
9.2 The conclusion, validity, performance and interpretation of this Agreement and resolution of disputes in connection herewith shall be governed by the laws of the mainland China (excluding the applicable conflict of law rules).
9.3 In the event of any dispute or controversy, the parties shall in the first place use their best efforts to settle such dispute or controversy through amicable negotiation. You agree that any dispute or controversy which cannot be settled by negotiation, shall be submitted and finally resolved by the people’s court at the place where this Agreement is entered into and has jurisdiction over such dispute or controversy.
9.4 The headings of all clauses in this Agreement are established merely for the ease of reading, which do not carry any substantive meanings and shall not be used as references for the interpretation of this Agreement.
9.5 If any clause of this Agreement is deemed invalid for any reason, the rest of the clauses shall survive and remain binding to both parties.
10.1 Tencent is entitled to amend the terms of this Agreement when Tencent deems necessary, and you may find the up-to-date version of this Agreement on relevant webpage. By continuing to use Tencent Game Service after the amendment of the terms of this Agreement, you will be deemed to have accepted the amended agreement.
10.2 Tencent hereby reminds you to avoid inappropriate games, refuse piratical games; pay attention to self-protection, stay vigilant about fraud; play game moderately to relax your brain and refrain from addiction to games; arrange your time reasonably and enjoy a healthy life.
10.3 This Agreement is written in both Chinese (//game.qq.com/contract.shtml) and English. In the event of any conflict or discrepancy between the two aforementioned versions, the Chinese version shall prevail in determining the spirit, intent, and meaning of this Agreement.