Papergames License and Service Agreement
This Papergames License and Service Agreement ("Agreement") is made by, entered into and binding between You and Papergames. Please go through and understand the terms and conditions of this Agreement, especially those on waiver or restriction of Papergames's liabilities, limitations on users' rights, and separate agreements on the provision or use of certain services. Your attention may be invited to such waivers or restrictions through highlighting the text in bold or by other reasonable means. Your use of Papergames Services shall constitute your acceptance of this Agreement, so you shall not file any objection thereafter with an excuse or a similar one that you have not read or accepted this Agreement. If you refuse to accept the provisions of this Agreement, you shall stop using any Papergames Service immediately. If you are under the age of 18, please go through this Agreement with your legal guardians and pay close attention to the provisions on minors.
1.1 "Agreement" means this Agreement and the rules for each game as well as amended versions, which, once issued, shall be integral to this Agreement. The "Mandatory Provisions for the Standard Online Game Service Agreement" formulated by the Ministry of Culture according to the Interim Measures for Online Games (Ministry of Culture Order No. 49) shall be included in this Agreement by reference.
1.2 "Game Rules" refers to the user rules, player considerations, game announcements and notices, etc. issued and revised by Papergames on game software and services from time to time.
1.3 "Papergames" refers to Wuhu Nikki Co., Ltd. which provides you with Papergames software and services.
1.4 "Papergames Software" refers to a set of game products operated by Papergames, including computer games, web games, mobile games, and other products that can be run on different operating systems and terminals, and include web servers, websites, electronic media, printed materials, software and documents related thereto.
1.5 "Papergames Service" refers to the online operation service provided by Papergames with regard to games, including game software.
1.6 "You" refers to a player or user, i.e. a natural person who receives services from Papergames Services.
1.7 "Game Data" refers to the data generated and recorded by servers when you receive Papergames Services, including game log and security log, etc.
2. Amendment and Effectiveness of Agreement
2.1 Papergames reserves the right to amend the terms and conditions of this Agreement if needed and to provide notice on relevant pages. You may find the latest version of this Agreement on the related pages of Papergames Services.
2.2 If you continue to use Papergames Services after this Agreement is amended, it shall be deemed that you have accepted the amendment. If you refuse to accept the amendment, you shall stop using Papergames Services.
3. Game Account
3.1 If you wish to use and enjoy Papergames Services, you shall have a Papergames account that you have the right to use or a third-party account approved by Papergames, which account shall be registered with your real name according to the Interim Measures for Online Games and the Mandatory Provisions for Standard Online Game Service Agreement. For real-name registration, you shall provide your real, legal, accurate and valid identity information and other relevant information. Registration with identity information of any person other than YOU is prohibited. Otherwise, Papergames has the right to terminate any Papergames Service provided to you, and take actions, including without limitation by giving a warning, restricting or prohibiting use of your account partially or in whole, deleting your account and game data, deleting relevant information, closing or even canceling your account at your risk.
3.2 You understand and agree that Papergames will apply your real-name registration information to the anti-addiction system by law, which means Papergames may check whether or not you are of the age of 18 or above according to your real-name registration information, and decide whether or not to subject your game account to addiction restriction.
3.3 You shall keep secret your game account and its password. You shall notify Papergames once you have knowledge that your game account is stolen.
3.4 You understand and agree that in order to improve game service security, Papergames has the right to apply relevant technology or software to Papergames Services, but Papergames will never guarantee that it can avoid the theft or loss of your account absolutely.
3.5 You understand and agree that if any use of your game account is restricted, frozen or terminated, the game data and related information under your game account may be deleted and the relevant content in or related to your game account may be lost at your liability and Papergames shall be held irresponsible therefor.
3.6 You understand and agree that if you fail to access any Papergames service with your account for an extended period, we have the right to, if necessary, take measures, for example, deleting your account and any game data or relevant information thereunder, which measures may lead to loss of your content in or related to the account, for which Papergames shall be not held responsible.
4. Collection, Application and Protection of User Information
4.1 You agree and authorize Papergames to collect your User Information for the purposes of this Agreement, including information provided upon real-name registration, game data under your account, and information provided to Papergames when you use any Papergames Service or collected by Papergames for the sake of security or user experience optimization, etc. Papergames will collect such information in accordance with relevant laws.
4.2 You understand and agree that Papergames or its third-party partners may provide you with information of Papergames events or promotions by message, telephone or email, etc. with your user information.
5. Papergames Service
5.1 Subject to your compliance with this Agreement, relevant laws and regulations, Papergames hereby grants you a personal, non-transferable and non-exclusive license to use Papergames Services. Papergames Services shall not be used for any commercial purposes, but only to:
(1) Receive, download, install, start, upgrade, log in, display, operate and/or take screenshots of Papergames Software;
(2) Create a game character, give a name as a netizen, access Game Rules, user profile or match results, set up a game room or game parameters, buy or use game props, equipment or coins, etc., chat, or share information; or
(3) Use one or more other features supported and allowed by Papergames Software.
5.2 When you use Papergames Services, you shall not record and transfer to others any such service in any way without approval of Papergames, including by using any third party software to publish it online.
5.3 In cases where Papergames Services are provided via software, you shall also comply with the provisions of Article 6 hereof regarding software licenses when you use Papergames Services.
5.4 All other rights not expressly granted under this Article and other provisions hereof shall be owned by Papergames and you shall have to obtain a further written permit from Papergames to exercise such rights.
5.5 If finding or receiving any complaint that you have breached this Agreement, Papergames has the right to delete relevant content at any time without notice, issue punishments, including without limitation, by giving a warning, restricting or prohibiting any use of game functions in part or in whole, or closing or even canceling your account, and such punishments will be made public.
5.6 You understand and agree that Papergames has the right to punish any violations of laws, regulations and this Agreement at its reasonable discretion, take actions against your violations, keep information and report your violations to the authorities according to law. You shall be liable for all legal liabilities arising therefrom.
5.7 You understand and agree that you shall be solely responsible for any claim, demand or loss filed or suffered by a third party in connection with your breach of this Agreement or the service terms; you shall be liable to compensate for damages incurred by Papergames for such reasons.
5.8 You understand and agree that game items, equipment and coins, etc. are part of Papergames Services, and Papergames hereby authorizes you to use them under this Agreement. Your purchase and use of game items, equipment and coins, etc. shall be in compliance with this Agreement and the game-specific Rules; game items, equipment and coins, etc. may be valid for a certain period, so if you fail to use them within the period of validity, they will become void when the period expires except for force majeure or other reasons that may be attributable to Papergames. You understand and agree that Papergames has the right to adjust, update or optimize the performance or value setting of game equipment or other items that you have purchased or are using in order to serve you better. And if Papergames does so, you agree that you will not claim any legal liability against Papergames for that reason.
5.9 You understand and agree that in order to create a fair and healthy game environment, Papergames has the right to survey the random access memory of your terminal equipment and the programs functioning concurrently with Papergames Services by taking technical measures when you use the services. Upon finding any unauthorized program that endanger operation of Papergames Services, we will collect all relevant information and take reasonable measures against it.
5.10 You understand and agree that in order to guarantee the speed of the game for you and other users, Papergames has the right to transfer or clear some previous game data stored on servers regularly.
5.11 Papergames will take measures to protect minors when they use Papergames Services according to relevant laws, regulations and this Agreement, including potentially taking technical measures, prohibiting them from accessing games or game features unsuitable for them, limiting their playing time, or preventing addiction. As part of the Game Rules, Papergames will issue user guides and instructions appropriately, including introduction to games, how to use games, and how to prevent hazards. All minors as users shall go through and comply with these guides and instructions together with their legal guardians; other users shall not publish or produce anything harmful to the physical and mental health of minors when using Papergames Services.
5.12 In order to ensure the game servers run normally, Papergames needs to shut them down for regular maintenance or in emergencies. In any of the following circumstances, Papergames has the right to suspend part of or all services provided by the game servers without assuming any liability to you or any third party:
(1) Regular inspection or upgrading, updating of hardware and software, etc., during the period in which Papergames has the right to suspend services, but the work will be finished as soon as possible;
(2) Damage to game servers, which causes them to be unable to function properly;
(3) Sudden failure of hardware, software or electronic communication equipment;
(4) Failure of network service provider's lines or other failures;
(5) Actions taken according to law in emergencies or for the sake of your or others' personal safety;
(6) Third parties' reasons or force majeure.
5.13 If you are under 18, Papergames has the right to take one or more of the following measures according to relevant laws, regulations, policies, and other provisions of this Agreement or your guardians' reasonable requirements in order to protect you:
(1) Provide your guardians with the information related to the games you are playing (including but not limited to your account login information, purchase history, etc.) so that they understand your gameplay conditions;
(2) Limit the amount spent on your game account;
(3) Take technical measures to block certain games or certain functions of games, or limit your playing time or the length of your gameplay;
(4) Cancel or delete your game account or data, etc.; or
(5) Other measures that your guardians request to take and that Papergames deems appropriate.
6. Software License
6.1 To use Papergames Services, you may have to download and install relevant software, which is available via the relevant Papergames website, or from a third party authorized by Papergames. If you have any Papergames Software or a game with the same name as the software from a third party not authorized by Papergames, it shall not be deemed that you have been authorized by Papergames, and Papergames cannot warrant that the software or game will work normally and you shall bear any loss incurred to you for that reason.
6.2 Papergames may have developed different software versions for different terminal devices or operating systems, including but not limited to Windows, iOS, Android, Windows Phone, Symbian or Blackberry, etc. You shall choose the right one accordingly. After the installer is downloaded, you need to follow the steps provided by the installer.
6.3 If Papergames Services are provided in the form of software, a personal, non-transferable and non-exclusive license will be granted to you. The services may be downloaded and installed to, logged in and used only from a single terminal for non-commercial purposes.
6.4 For the sake of better service and safety, Papergames may recommend you to install other software. You can choose whether or not to install these.
6.5 If you no longer need to use the software or you need to install a new version, you may uninstall it. If you are willing to help Papergames improve its products and services, do provide your reasons for uninstallation.
6.6 To ensure the security and functional consistency of Papergames Services, Papergames reserves the right to update the software, change or limit some functions thereof without notice to you.
6.7 After a new version of the software is released, the old version may not work. Papergames does not warrant that the old version will continue to work, nor that corresponding customer service will be available, please check the software on occasion and download the latest version.
7. Code of Conduct for Users
7.1 You understand and agree that you must be responsible for all behavior under your account, including any information you publish and any consequences arising therefrom. You shall check the content of Papergames by yourself and assume all risks arising from any use of Papergames Services, including risks arising from any reliance on correctness, completeness or usefulness of such content. Papergames will not be liable for any loss or damage caused by said risks.
7.2 You shall not infringe the intellectual property rights of Papergames or have any behavior that may violate the legal interests of Papergames or other third parties except use of Papergames Services according to this Agreement.
7.3 Unless permitted by law or with Papergames's written approval, you shall not:
(1) Delete the copyright information from the game software and its copies;
(2) Reverse-engineer, decompile, disassemble or attempt to otherwise find the source code of the game software;
(3) Scan, probe, or test game software to detect, discover or find its potential bugs or vulnerabilities;
(4) Copy, modify, add, delete, mount or make any derivative of the data released to any terminal memory when the game software or software is running, the data communicated between the client and server when the software is running, and the system data necessary for the software to run, including without limitation by using plug-ins, add-ons, or third-party tool/service access software and relevant systems that have been authorized;
(5) Modify or falsify instructions or data when the software is running, add, delete or change functions or performance of the software, or operate or make public the software or methods for the purposes above, whether or not for commercial purposes;
(6) Use Papergames Services with, or produce, publish or make public, third-party software, plug-ins, add-ons or systems that are not developed or authorized by Papergames;
(7) Use, lease, lend, copy, modify, link, reproduce, compile, publish, release, or create mirror sites for the intellectual property rights owned by Papergames in or related to games;
(8) Establish mirror sites related to Papergames Services, take web (network) snapshots, or provide any third party with services exactly the same as or similar to Papergames Services or similar services by setting up servers, etc.;
(9) Use any part of Papergames Services on its own, or use Papergames Services for any purpose other than under this Agreement;
(10) Use, modify or obscure the name, trademark or any other intellectual property right identifier of Papergames Services; or
(11) Take any action other than expressly authorized by Papergames.
7.4 Under any of the following circumstances, Papergames will enact punishments based on the severity of the circumstances according to this Agreement and relevant Game Rules, including without limitation, by giving a warning, restricting or prohibiting any use of game functions in part or in whole, or closing your game account temporarily or permanently, removing your game account or data, deleting relevant information, etc.; where the circumstances are serious, the case will be submitted to the relevant authority for administrative punishment, or you will be brought to account for criminal responsibility, if any:
(1) You imply or claim that you are an employee of or have a special influence in Papergames in a certain manner in an attempt to obtain illegal interests or affect the rights of other users;
(2) You use illegal or inappropriate words or characters in Papergames Services, including to the naming of a role;
(3) You destroy or prevent Papergames Services in any way;
(4) You commit an action involving illegal plug-ins;
(5) You communicate illegal speech or inappropriate information;
(6) You steal or obtain game accounts or items of other people by fraud;
(7) You trade game accounts privately;
(8) You trade game virtual currency, equipment, coins or other items privately;
(9) You violate any provisions of this Agreement;
(10) You have other behaviors that are deemed improper in the industry, whether or not expressly provided in this Agreement or Game Rules.
7.5 You know and agree that if Papergames suspends your account pursuant to this Agreement, the period of such suspension will depend on your violations. You know and agree that: (1) during the suspension period, the game virtual currency, equipment, coins and other items under your account may not be available; (2) if such currency, equipment, coins and items are subject to a term of validity and the term expires during the suspension period, then you will not be able to use them after your account is reinstated. Therefore, you agree that Papergames will not be brought to account for any legal liability if the circumstances as mentioned in (1) and/or (2) above occur.
8.1 Papergames Services are provided to you as is. Papergames does not guarantee that Papergames Services are error-free and will not be interrupted, all defects have been corrected, or Papergames Services are immune from viruses or any other factors. Unless expressly provided by law, Papergames hereby disclaims any express or implied warranty, including without limitation warranty for performance, applicability or non-infringement of Papergames Services.
8.2 Under no circumstances will Papergames be liable for any damages incurred to you as a result of any force majeure event occurring when you use Papergames Services. Such force majeure events include without limitation, promulgation of national laws, regulations or policies, orders given by authorities, government actions, and other unpredictable, inevitable and unavoidable incidents, e.g. earthquake, flood, snowstorm, fire, tsunami, typhoon, strike, war, etc.
8.3 Papergames may decide at its sole discretion to change, suspend or terminate your use of any Papergames Service at any time without any prior notice, except when a prior notice is required by law or your agreement with Papergames. If you have violated laws, regulations or this Agreement, Papergames may suspend or terminate your use of any Papergames Service. Papergames will not take any responsibility for that, and has the right to bring you to account.
8.4 Such data as your roles, items, equipment and coins in Papergames may fail due to game software bugs, version update defects, third-party virus attacks or any other factors. Before finding out the causes, Papergames has the right to suspend your account temporarily; if investigation shows that the failure results from any abnormal gaming behavior, Papergames has the right to restore the data under your account to the status before the failure occurred (including recovery of transferred data from third parties) without any liability.
8.5 Papergames does not authorize you to obtain any accounts, items, equipment or coins, etc. from any third party through purchase, gift or other means. Papergames will never be responsible for any third-party transaction, nor accept any complaint from a dispute over such transactions.
8.6 You understand that all advertisements, links or other promotions issued by a third party in Papergames are provided by the third party. You are obligated to check if they are authentic. Papergames will not make any express or implied warranty for them.
8.7 Please understand it is not caused by Papergames that different operating systems may fail to connect with each other, in which case your credit and game data on one operating system cannot be transferred to another. You shall solely bear, and you cannot request Papergames to bear, any loss of credit or game data due to your switching between different systems.
8.8 You understand that mandatory fighting areas or gameplay may be set in Papergames. If you reject any mandatory fight, please do not access such games or game areas. Your access will be deemed as your agreement to the gameplay and to accept its results.
9. Intellectual Property Rights
9.1 Papergames is the owner of the intellectual property rights in or related to Papergames Services. All intellectual property rights, e.g. copyrights, trademarks, patents and trade secrets, etc, and all information related to Papergames Services (including texts, pictures, audio, video, graphics, interface designs, layout frameworks, related data and electronic documents, etc.) are protected by the laws of the People's Republic of China and relevant international treaties. The said intellectual property rights shall belong to Papergames, except those rights enjoyed by other holders by law.
9.2 The ownership of and the intellectual property rights in/related to all game data generated when you use any Papergames Service shall belong to Papergames, and Papergames has the right to dispose of such data.
9.3 Papergames may involve third-party intellectual property rights (IPRs). If such third party subjects you to some requirements when using such IPRs in Papergames pursuant to this Agreement, Papergames will inform you in an appropriate way and you have to follow the requirements.
10. Compliance with Laws
10.1 You shall observe local laws and regulations, and respect local ethics and customs when using any Papergames Service. You shall take sole liability for your violation of any local laws, regulations, ethics or customs
10.2 You shall prevent Papergames from involving any political or public incident when you use any Papergames Service; otherwise Papergames has the right to suspend or cease such service provided to you.
11. Jurisdiction and Applicable Law
11.1 The execution, effectiveness, performance, interpretation of and dispute resolution under this Agreement shall be governed by the laws of Mainland China (excluding conflict of law).
11.2 If there is any dispute between you and Papergames in connection with or arising from this Agreement, it shall be settled first through friendly negotiation; if such negotiation fails, you agree to submit the dispute to the court with jurisdiction over the location where Papergames is registered.
11.3 The headings of articles herein are for convenience only, so they cannot be used to interpret this Agreement.
11.4 If any provision of this Agreement is held partially invalid for any reason, the remaining provisions shall remain in full force and effect and binding upon both parties.
12.1 Based on the advice of the State Press and Publication Administration on gameplay, Papergames reminds you to: boycott bad games, reject pirated games, protect yourself and keep an eye on any deceit. Moderation is good, but addiction is bad.
12.2 If you have any comment or suggestion on this Agreement or any Papergames Service, please contact the Papergames Customer Service and they will provide assistance.
13. Privacy Agreement