| EN

Terms of Service Agreement

This "User Services Agreement" (hereinafter referred to as "this Agreement") is you (hereinafter also referred to as "User" or “Users”) and China Mobile Games and Entertainment Group Ltd. (formerly: China Mobile Games and Entertainment Group Ltd., hereinafter referred to as " CMGE ") The legal agreement between Users of mobile games and related services provided by CMGE.

Please be sure to carefully read and understand all the rights and restrictions set forth in this Agreement. Unless you accept the terms of this Agreement, you have no right to register, log in, or use the related services covered by this Agreement. Your registration or use of the relevant services covered by this Agreement in any way will be deemed as acceptance of this Agreement, which means you agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, please do not register, login, or use services related this Agreement.

Please note:

(1) The “Indispensable Terms of the Online Gaming Services Formatting Agreement” formulated by the Ministry of Culture under the “Provisional Measures for the Administration of Online Games” is also a component of this agreement.

(2) This "Agreement" can be applied when CMGE's mobile game and its affiliates provide you with network services or to related products thereof.

1. Service Content

1.1 CMGE (website: http://www.cmge.com) will provide internet-based and mobile internet-related services (hereinafter referred to as “network services”) in accordance with the terms of service and operating rules it publishes.

1.2 Once you have successfully registered as a User, you will receive a password and account, and you shall take full responsibility for all activities and events stemming from your account. If your account and password are compromised due to your negligence, the resulting damage to you, CMGE , or any third party, will be your sole responsibility.

1.3 The User understands and accepts that CMGE only provide related network services, in addition to devices related to relevant network services (such as personal computers, mobile phones, and other devices connected to the internet or mobile internet) and the costs (such as telephone and internet access fees paid for accessing the internet and mobile phone charges for using mobile networks) should be borne by the Users themselves.

1.4 CMGE official websites or legally authorized third parties by CMGE allow the User to sign up, log in, and use CMGE network services and or mobile games. CMGE grants you a limited personal, non-transferable and non-exclusive license to use its products and services. CMGE shall not be held liable for any CMGE mobile games or network services you have obtained from a third party that have not been authorized by CMGE, or games sharing the same name with mobile games from CMGE.

1.5 CMGE’s mobile games may be updated from time to time through the release of software upgrade packages, software patches, and via online upgrades. In the process of updating, CMGE has the right to replace, modify, delete, and supplement information, data, and other related information about the online game client software on your personal computer or mobile device through the internet. This a necessary step to receive software updates. By using a CMGE product or service, you understand and approve of this process. By receiving and using updates to services provided by CMGE, you implicitly consent to this Terms of Service agreement by the continued use of CMGE network services.

1.6 CMGE will do its utmost to provide Users with complete online game services and environments. However, Users do not have the right to require the transformation, correction, or update of all loopholes, defects, bugs, etc. found in CMGE mobile games. CMGE reserves the right to make corrections, updates, and upgrades to online games based on its own judgment and needs.

1.7 The User understands and accepts that the services provided by CMGE via its mobile games may include advertisements. The User agrees to display advertisements provided by mobile games and third-party suppliers and partners from CMGE during use. However, CMGE mobile games merely serve as a platform for the aforementioned advertisements, and are not responsible for any disputes arising from the use of advertisement links or purchase of services or goods provided by third parties.

2. User Usage Rules

2.1 According to the “Regulations on the Management of Mobile Internet Application Information Services” , Users must register their true, accurate, and complete personal data when they apply for CMGE mobile game services, including but not limited to name, ID number, age, telephone number and gender, etc. The registration of personal data may not be facilitated by the use of a third party’s identity information. CMGE will review the real-name registration information provided by you. In order to determine whether the relevant real-name registration information you provided is true and valid, you agree that CMGE reserves the right to provide the real-name registration information provided by you to a third party for verification.

2.2 If the User does not provide valid identity information for real-name registration or provides personal identity information that is inconsistent with the registered identity information or fraudulent use of other people's identity information for real-name registration, the User will not be able to enjoy the corresponding network services, and related CMGE mobile games. The right of the User to enjoy CMGE’s network services hinges on the User’s honest and accurate submission of his or her personal information.

2.3 Changes to a User's personal data must be updated in a timely manner. In the case of failed real name verification due to inaccurate or incomplete personal data submissions, all consequences arising therefrom are borne by the User.

2.4 The User should properly safeguard his or her accounts, passwords, and any other related, private information. The User should not disclose personal account numbers, passwords, bank cards, credit card information, and passwords in the process of using the service, and may not transfer, lend, or make public any of their account details and passwords.

2.5 If the User finds that his/her account has been used illegally by another person, he/ she should immediately notify CMGE. CMGE does not assume any responsibility for the illegal use of account numbers or passwords due to hacking or the User's carelessness.

2.6 The User shall be responsible for all actions under his/her registered account. CMGE shall not be held responsible for any loss or damage incurred, caused by the User's actions or any other third party .

2.7 The User must follow the following principles in the process of using mobile network services provided by CMGE :

2.7.1 Comply with relevant Chinese laws and regulations;

2.7.2 Comply with all network protocols, rules, and procedures related to network services;

2.7.3 The network service system must not be used for any illegal purpose;

2.7.4 You may not use CMGE's network service system to conduct any activities that may adversely affect the normal operation of the internet or mobile network, or perform any activities that endanger the security of the computer network, including but not limited to:

- Use of unauthorized data or access to unauthorized servers / accounts;

- Unauthorized access to public computer networks or other computer systems and the deletion, modification, and addition of stored information.

- Attempts to detect, scan, or test the weaknesses of any application or network, or otherwise disrupt networks.

- Attempting to interfere with or disrupt the normal operation of the application or website, intentionally spreading malicious programs or viruses, and other acts that disrupt or interfere with the operation of normal network information services.

- Counterfeit TCP/IP packet names or partial names,

2.7.5 The use online services provided by CMGE to upload, display or disseminate any false, harassing, slanderous, abusive, threatening, vulgar or obscene information or any other illegal information is strictly prohibited.

2.7.6 The User may not conduct reverse engineering, reverse compilation, and other activities that infringe upon the patent rights, copyrights, trademark rights, or any other legal rights of CMGE and any other third parties.

2.7.7 For the relevant information in the game, without the written consent of the game developer, the unauthorized implementation includes, but is not limited to, the following acts: the use, copy, modification, linking, reprinting, compiling, publishing, and mirroring of the application without explicit permission. Development of related derivative products, works, etc. is also strictly prohibited.

2.7.8 The User shall not in any way record, broadcast, or transmit CMGE content to others, including, but not limited to the use of any third-party software for network broadcast and communication without CMGE’s prior consent.

2.7.9 The User may not conduct any activities that undermine the fairness of online games or other activities that affect the normal order of online games, such as active or passive brushing, partnership cheating, using plug-ins or other cheating software, exploiting bugs (also known as “exploits” or “loopholes”) to obtain unfair advantages, or use the internet or other methods to make plug-ins, cheating software, and bugs public.

2.7. 10 In the event of encountering behavior that violates the terms stated in this agreement, the User should immediately notify CMGE.

2.7.11 The User is strictly prohibited from conducting any business activities such as advertising or selling merchandise, or conducting any activities that violate the interests of CMGE, such as the sale of in-game currency, plug-ins, or any in-game items.

2.7.12 The User is strictly prohibited from utilizing the services provided by CMGE to engage in any activities unrelated to this web service, including but not limited to promoting other applications or games, inviting or inducing other Users to use other applications, or encouraging Users to uninstall or stop using an application. The User is also barred from defaming the service’s brand and undermining the service, game, or application in any way.

2.7.13 The User may not pretend to be a CMGE employee, representative, application service administrator, application forum administrator, or moderator to post any fraudulent, misleading, or false information.

2.7.14 The User may not perform malicious actions such as brushing, malicious kicking, and malicious time-consuming to disrupt public order in the game.

2.7.15 The use of CMGE's network service system to perform any other activities not related to the game or service itself is strictly prohibited.

2.7.16 CMGE reserves the right to adjust, or delete any content related to its network service at any time and for any reason.

2.8 If the User violates any of the above provisions when using a CMGE network service, an authorized person in CMGE has the right to require the User to correct or directly take all necessary measures (including but not limited to changing or deleting the User’s content, suspending or terminating the User's right to use the network service, reclaiming the account, banning the User from obtaining a new account, recouping the User's profits, prohibiting the User from making any statements in the game, or requiring the User to make compensation, etc.).

3. Service change, interruption or termination

3.1 In view of the special nature of network services, the User agrees that CMGE reserves the right to change, interrupt, or terminate some or all of the network services at any time without notice to the Users (unless otherwise specified by law) or third parties and assumes no responsibility to any losses incurred.

3.2 The User understands that the mobile games and network services CMGE provides need regular or irregular maintenance related to its internet websites, mobile networks, or related equipment. When maintenance occurs, network services will be restored within a reasonable amount of time. CMGE does bear any responsibility for disruptions or insolvencies the User may incur during this process, but CMGE will do its best to give the User proper notice of scheduled or emergency maintenance.

3.3 In the event of any of the following situations, the CMGE has the right to interrupt or terminate the provision of network services (including fee-based network services) under this Agreement to the User at any time without any liability to the User or any third party:

3.3.1 The personal data provided by the User is not true;

3.3.2 Users violate the rules of use specified in this Agreement.

3.4 In order to ensure consistency of security and functionality of CMGE network services, CMGE reserves the right, without specific notice to the User, to update, or part or all of its network services and related software.

4. Intellectual Property

4.1 Any text, pictures, graphics, audio and / or video material contained in the online services provided in CMGE mobile games are protected by copyright, trademark and / or other property rights laws. Such property must not be used for any commercial purpose by unauthorized parties for any reason.

4.2 The rights of any software used by CMGE for the purpose of providing network services (including but not limited to any images, photos, animations, videos, recordings, music, text, additional programs, and accompanying help materials included in the software) belong to the copyright owner of the software. Such software may not be reverse engineered, decompiled, or dissembled in an way without the copyright holder's explicit permission.

4.3 The ownership and intellectual property rights of the relevant data generated during the use of CMGE's network services are all owned by CMGE. CMGE has the right to possess or dispose of such data if it does not violate laws and regulations or the terms of this Agreement.

5. Privacy Protections

5.1 You, as the User, fully understand and agree that in order to enjoy the online services provided by CMGE, must provide your true and accurate personal information to conduct real-name registration and real-name authentication.

5.2 Respecting and protecting User privacy is a basic principle of CMGE. CMGE takes extensive measures to protect the User's personal privacy and personal information. While CMGE collects and stores User data, unless requested for a legitimate reason such as a pending legal or judicial investigation, CMGE will not disclose or provide User registration information to third parties for any purpose.

5.3 Without the User's consent, CMGE will not provide, disclose or share any personally identifiable identification number, contact information, home address, etc. in the User registration data to any third party, except under the following circumstances:

5.3.1 To obtain prior authorization from the User or Users’ guardian;

5.3.2 When providing the User's personal identity information in accordance with the legal requirements of the User's guardian.

5.3.3 A disclosure made in accordance with relevant laws and regulations;

5.3.4 According to the relevant governmental authorities and judicial authorities, based on the requirements of legal procedures;

5.3.5 To safeguard the interests of the public;

5.3.6 When lawsuits or arbitrations are filed with Users for the protection of the legal rights of CMGE.

5.4 The User understands and agrees that CMGE has the right to collect or store, use, analyze, or share the information provided by third parties for their own purpose or for the purpose of fulfilling this Agreement, so as to provide the User with a superior and personalized experience.

5.5 CMGE may collect, store, use, or share information related to you with third parties, such as your personal name, ID number, address, contact information, and your use of CMGE network services, mobile games, and other information generated during the service process, etc.

5.6 The User understands and agrees that CMGE and its third party partners will provide Users with various information and services related to game products and services, such as event information, promotions, etc., in the form of SMS, telephone, or email messages based on contact details providers by the User.

5.7 Any information that the User learns, receives, or comes into contact with during the use of any CMGE service shall be kept confidential. The User may not collect, copy, store, transmit or otherwise use any form of personal information collected via the use of any CMGE network service or game. The User will be held legally responsible and liable for the use or dissemination of any information or data collected from a CMGE game or network service.

6. Disclaimer

6.1 The network services provided by CMGE are provided to the User “as is”. CMGE does not guarantee that network services will meet the requirements and expectations of Users. CMGE will not make any express or implied guarantees for the network services or games it provides. This includes, but is not limited to, the guarantee of the performance, continuity, suitability, timeliness, security, accuracy, or non-infringement of related games and network services.

6.2 CMGE does not guarantee the accuracy and completeness of external links that may be provided via its network services. Meanwhile, CMGE does not assume any responsibility for the content or security of external links that may be accessed via its network services.

6.3 CMGE does not assume any responsibility for losses due to the failure of telecommunications systems or internet networks, computer/mobile phone failures or viruses, information damage or loss, computer/mobile phone problems or for any other circumstances that can be categorized as force majeure. However, CMGE will take all necessary and appropriate steps to reduce risk of loss or damage to Users.

6.4 In any case, CMGE will not be liable for any damages or injuries incurred during your use of CMGE network services or games due to force majeure.

6.5 CMGE has the right but no obligation to improve or correct any omissions or errors in any part its service.

6.6 Users understand that online games, like most internet products, are susceptible to various security issues, including but not limited to improper disclosure of personal data by Users, exploitation by criminals, Users being deceived, the theft of personal information and passwords, and virus attacks. CMGE does not assume any responsibility for any losses incurred by the User while using a CMGE network service or related product.

6.7 CMGE does not encourage the User to obtain game items from third parties through non-CMGE or otherwise officially designated channels. The purchase of in-game currency and items, or the receiving of gifts or items via third party platforms is strictly prohibited. CMGE does not bear any responsibility for losses incurred when the User interacts with such third parties. CMGE will also not assist in the retrieval or restoration of accounts damaged by the utilization of unauthorized third party platforms.

6.8 The User understands and agrees that the nature of online games hosted via CMGE’s network services can be unpredictable. The User’s experience may be altered through interaction with other players while accessing CMGE’s network services. In continuing to access and use CMGE’s network services, the User consents to the in-game rules and the regulations outlined in this Terms of Service Agreement.

6.9 You fully understand that: CMGE has the final decision concerning the operation period of network services and related online games. Items sold in online games and / or via affiliated shopping malls are not to be used indefinitely. Their use period may be temporary, or will cease when the network service or online game is no longer in service. If for any reason this Agreement is terminated or the online game ceases to operate, the User will not be able to continue to use such game items.

6.10 Based on the territorial nature of legal supervision, if the User uses online services provided by CMGE in areas outside of mainland China, the User should abide by relevant local laws and regulations and respect local ethics and customs. If the User’s personal conduct violates local laws, regulations or moral customs, the User solely responsible for this. CMGE does not undertake any independent or joint liability for the User’s conduct.

6.11 If you engage in violations of laws and regulations or violations of this agreement, due to the temporary and volatile nature of online data, CMGE can only determine your behavioral data from the existing security procedures. You fully understand that judgments cannot always be 100% accurate. If your behavior is consistent with multiple indicators for violations of the law or this Terms of Service, then CMGE can determine that you are engaged in relevant violations of laws and regulations and this agreement. CMGE can endeavor, under this agreement, to recover any acquisitions deemed unfair or illegal. Income, including in-game items and game currency may be adjusted at any time at the sole discretion of CMGE.

7. Legal and Dispute Resolution

7.1 The understanding, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China (excluding Hong Kong, Macau and Taiwan).

7.2 Any disputes arising from this Agreement or related to this Agreement shall be settled through friendly negotiation. If the negotiation fails, either party may submit the dispute to the Shenzhen Municipal Arbitration Commission. Rulings and arbitration awards are final and binding on all parties.

8. Other Conditions

8.1 If any term in this Agreement is completely or partially invalid or does not have execution power for any reason, or violates any applicable law, then this clause is deemed omit, but the rest of the terms of this Agreement shall still be effective and binding.

8.2 The rights of CMGE shall be modified at any time in accordance with the changes in relevant laws and regulations as well as the adjustment of the company's operating conditions and business strategies, without any separate notification to the User. The revised agreement will be announced on the CMGE website ( http://www.cmge.com ). Users can browse the latest service agreement terms through the CMGE website at any time. In case of dispute, the latest agreement text shall prevail. If you do not agree with the changes made by the CMGE, the User has the right to stop using the network service. If the User continues to use the network service, it is deemed that the User accepts the modifications made by CMGE to the relevant provisions of this Agreement.

8.3 The User's opinions and suggestions on any part of the service or any part of the service terms may be communicated to CMGE through the relevant customer service channels. CMGE reserves the right to interpret and further modify the terms of service. 

CMGE Group Limited
2018