Updated on: [5/12/2022]
Welcome to [Empire: The Glory Age]!
This service agreement (the "Agreement") is a binding legal agreement between you and [Xiaoshitou Software (Beijing) Co., Ltd.] ("we" or "us"), under which we provide you with the [Empire: The Glory Age] product and accompanying services (collectively, the "Products"). The Agreement sets forth the terms and conditions under which you may access and use the Products. We hereby remind you to read the Agreement carefully and to fully understand the terms and conditions set forth herein.
By registering for, accessing or using the Products, you are deemed to have read, understood and agreed to be bound by the Agreement. When you click "Agree" (or "Accept" or other words with the same meaning) online, you shall be deemed to have read the Agreement in detail and agree to abide by the Agreement, and you shall be deemed to have confirmed that the exclusion and limitation clauses in the Agreement do not fall within the scope of clause "exempting from liability, increasing the liability of the other party, or excluding the main rights of the other party" in the relevant laws and you agree to the legality and validity of these terms and conditions. If you do not agree to the Agreement, please do not use the Products.
Please accept the Agreement only if you confirm that all of the following conditions are met:
1. You will read the terms and conditions of the Agreement carefully, with emphasis on those that exclude or limit our liability, those that limit your rights, and those that provide for dispute resolution and jurisdiction.
2. You have carefully read and do not object to any of the terms of the Agreement and agree to be bound by the terms of the Agreement.
3. You confirm that your account is for your personal use only and that the transaction account number (including but not limited to bank accounts, other virtual currency accounts, etc.) to which your account is bound matches your identity information.
I. Definitions and Descriptions
If not stated to the contrary, the following terms have the following meanings:
1. Empire: The Glory Age Game Software: refers to the Game Software (including all types of adapted versions) provided by us, as well as updates, upgrades, patches, and materials related to such game software, and may include related web servers, websites (including but not limited to the official website or official forum of such game), electronic media, printed materials or electronic documents, etc.
2. Ancillary Services: refers to the online operation services we provide to you in relation to the aforementioned related game software.
II. Changes to the Agreement
1. We may modify the Products from time to time in order to improve your experience or enhance the security of the Products, and we reserve the right to change the Agreement in accordance with relevant laws and regulations.
2. If we make changes to part or all of the Agreement, we will notify you through in-app notifications, in-app announcements or other means, and provide you with convenient access to the changes and the means to review them. If you object to any changes, please stop using the Products immediately. Your continued access to or use of the Products will be deemed that you have read and accepted the changes.
III. Login and Use of the Products
1. Login. You can use the Products through the visitor mode, the background of the Products in the visitor mode will automatically generate your visitor ID (the "account"). Please make sure to bind your account with your Google or Facebook account in time; otherwise, if you change your initial login device or delete the Products data on your initial device, all your game information will be lost and cannot be recovered. Your account is only used to access and use the Products and you may not share your account or transfer your account to anyone else. You agree that you are solely responsible (to us and to any third party) for any actions and results that occur under your account.
2. Account security. Please keep your account secure and do not disclose it to any third party. If you know or suspect that any third party knows about your account or has accessed your account, please notify us immediately at this email address: [jjxianggang@service.jj.cn]. We will provide you with assistance regarding the security of your account, but we do not guarantee that we will be able to successfully retrieve your account. In such cases, we may temporarily or permanently block the account, or take such measures as we deem appropriate to help you.
3. Account closure.
(1) By us: We reserve the right to disable your account at any time if you violate relevant laws and regulations or the provisions of the Agreement. We may also freeze or close your account if you do not log in to use your account for [15] consecutive days;
IV. Intellectual Property Rights
1. We are legally entitled to all legal rights and interests of the Products (including, but not limited to, the intellectual property rights of computer software copyrights, artwork copyrights and patents involved, and the rights to operate such software, etc.) and all rights not expressly granted to you. The above intellectual property rights, including but not limited to copyrights, trademarks and patents, are protected by applicable intellectual property rights, anti-unfair competition and other relevant laws and regulations and relevant international treaties. For matters not expressly authorized in the Agreement, such as commercial sales, reproduction and permission for any third party to access and use the Products (including, but not limited to, the development of related derivative works), you shall obtain our formal written permission, respectively.
2. In connection with your use of the Products, you grant us and our sublicensees a free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license, without any territorial or temporal limitation and without any approval and/or compensation, with respect to any content you upload through the Products.
3. Subject to your agreement to accept the terms of the Agreement in its entirety, we agree to grant you a non-commercial, revocable, changeable, non-exclusive, non-transferable and non-sublicensable right to use the Products. You may install the Products on a mobile smart device for personal use and run the Products in the manner we specify and enjoy the services we provide, to the extent authorized.
4. If you need to use the Products outside the scope of your personal use or use the Products for any commercial purpose, you should contact us and obtain separate authorization from us. Any unauthorized installation, use, access, display, operation, commercial use, etc. is an infringement.
5. Unless otherwise agreed in the Agreement, you may not, without our prior written consent, whether for profit or not, do any of the following:
(1) Copying, reproducing, decompiling, disassembling, transmitting or displaying the Products and their manuals and other graphic and audio materials, in whole or in part, or reverse engineering any feature or program of the Products;
(2) Renting or selling the Products or using the Products for any profit-making activities;
(3) Modifying or obscuring the service name, company logo, trademark (or) copyright information, other statements regarding intellectual property rights, etc. on the Products’ programs, images, animations, packaging and manuals;
(4) Other acts that violate relevant laws and regulations.
V. Restrictions on Use
1. Your access to and use of the Products is subject to the Agreement, the privacy policy, other application rules and all applicable laws and regulations.
2. Reminder: The game and community specifically prohibit discussion of real-world politics and political figures and due to the subject matter of the game itself, any discussion related to real-world history should be based on doctrines and related writings that have been widely recognized by the international community, and any discussion at the expense of specific people or groups is completely prohibited. Any violation of the above rules will be subject to the most severe penalties imposed by the Game.
3. You agree that, for the benefit of the Game and the community, yourself, and other Game players, you will not:
(1) Rent, trade, sell, give or otherwise deal in the account or resources within the account (including, but not limited to, virtual currency, virtual items, etc.) without our consent;
(2) Upload, transmit, distribute, store or otherwise make available in any way:
1) Content that is defamatory, obscene, violent, pornographic, hateful, or inflammatory;
2) Content that encourages or directs the commission of criminal offences, dangerous activities or acts of self-harm;
3) Content that intentionally provokes or antagonizes others with language, behavior, etc., especially malicious attacks or the perpetration of cyberbullying, or content intended to harass, harm, intimidate, or humiliate others;
4) Any material of a racist or discriminatory nature, including discrimination based on a person's race, religion, age, gender, disability or sexual orientation;
5) Content that contains software viruses, worms or any other harmful code;
6) Content that promotes and abets the use of plug-ins, private server, and Trojan horse related content;
7) Reverse engineer, decompile, decipher or otherwise derive the source code of the Products or non-open source related technologies;
8) Home page addresses or links that we deem inappropriate or that we do not approve;
9) Content that is suspected of infringing our or another company's intellectual property rights;
10) Statements related to the novel coronavirus;
11) Any other content that violates laws, regulations, public order and morals or the rules of the Products.
4. You may not use the Products or participate in our activities through improper means or interfere with our normal provision of software and services, including but not limited to:
(1) Attacking or hacking into the Products’ web server, or attempting to log on to the server at concentrated periods of time more frequently than your normal logon needs, thereby overloading the web server;
(2) Cracking or modifying the software programs provided by the Products;
(3) Attacking or hacking the game server/game server-side program of the Products, or overloading the game server;
(4) Creating, releasing, distributing, or using any form of auxiliary tools or programs that hinder the fairness of the Game (such as "plug-ins", which refers to all programs that are independent of the game software and can affect the operation of the Game while it is running, including but not limited to simulating your operation, changing operation environment, modifying data, etc.).
5. In order to maintain the normal operation of the Products, you are not allowed to do the following operations:
(1) Using bugs and errors in the program to disrupt the normal operation of the Game or to spread such bugs or errors (bugs);
(2) Unreasonably interfering with or impeding the use of the software or services provided by the Products by others;
(3) Using the software of the Products by abnormal or illegal means (including but not limited to using the Products to log into the private server of the Game);
(4) Using abnormal methods to log into the Products (including but not limited to using third party software or systems not developed, authorized or approved by us to log into the Game), or using robot programs to maliciously damage the service facilities and disrupt the normal service order;
(5) Using the technical defects or loopholes that may exist in the Products to make profits for yourself and others (including but not limited to copying virtual items, etc.), or engage in other improper acts, etc.
6. You know and agree that we will use the monitoring data in the game program as the basis for judging whether you have cheated in the Game through the use of plug-in programs and other methods.
VI. Software and Services Provided by Third Parties
1. In order to facilitate your use of the Products, we may use third-party software or services, and the results of such use and access are provided by third parties. In addition to the terms of the Agreement, your use of such third-party-provided software or services shall be subject to the relevant agreements of the third parties. We cannot guarantee the security, accuracy, or availability of the services and content provided by third parties, and to the maximum extent permitted by applicable laws, you assume the risks and liabilities associated therewith.
2. Whether the third party software or services are pre-installed in the Products or activated or subscribed to by you, you understand and agree that we disclaim all warranties, express or implied, as to the security, accuracy and availability of the services and content provided by third parties and other uncertain risks.
3. Any disputes between you and such third party software and service providers shall be resolved by you and such third parties.
1. You understand and agree that while the Products are currently available for free download, you may recharge the Products to access and use some features or items of the Products under a payment plan or in-app purchase amount of your choice. All amounts paid are non-refundable unless in compliance with relevant laws and regulations.
2. You may use real money to purchase our Services, including virtual in-game currency (virtual currency) and virtual in-game digital goods (virtual goods). You acknowledge and agree that virtual currency and virtual goods shall in no event be exchanged for actual currency or for any item of monetary value.
3. You understand that virtual currencies and virtual goods are an integral part of the Products and that we authorize you to use such virtual currencies and virtual goods in accordance with the Agreement. Such license does not constitute a sale.
4. Virtual currency and/or virtual items are not exchangeable or transferable, except as otherwise provided by the laws of your country. You may not transfer, sell, give away, exchange, trade, lease, sublicense, rent or otherwise use virtual currency or virtual items except as permitted by the system design and gameplay within the Products.
5. We reserve the right to modify, manage, control or cancel virtual currency and/or virtual items and other game services. You acknowledge and agree that we may take any action that may affect the in-game value or purchase price of virtual currency or virtual items at any time, unless otherwise required by applicable law.
6. In the event that the Products are terminated or in the event of other special cases, and a specific portion of the payment needs to be refunded, we will notify you by email, in-game notices and announcements, and announcements on our official website of the reasons, conditions, amount, and manner of initiating the refund and alternative compensation options. You acknowledge and agree that due to the large number of players in the game and for reasons of efficiency and fairness, we will set a time limit for the above refund program and if you are unable to participate in the refund in a timely manner for your own reasons, you may not receive any refund or redemption. Therefore, you agree to check our in-game announcements and notices from time to time when using our game services, and to contact us and provide feedback in case you encounter any problems.
7. If we have no special markings on the usage period of various virtual goods, you can continue to use them after obtaining the right to use them until the termination of the services provided under the Agreement; if there are special markings on the usage period, the usage period will be subject to that marked, and we have the right to withdraw the right to use them at any time without notice to you if the usage period exceeds the period (the usage period will not be interrupted or suspended for any reason).
8. We reserve the right to change prices and we will choose to notify you via in-app announcement or message. Your continued use of the services after a price change will be deemed to be your agreement to pay the changed amount.
9. We also reserve the right to display advertisements to you in the Products.
10. Please be aware that you shall be well equipped to access the Internet, including but not limited to mobile smart devices (including but not limited to cell phones, tablets), wireless routers or other essential Internet access devices. Please be aware that your use of the Products will consume your bandwidth, traffic and other resources, and all costs incurred as a result, such as Internet access fees, SMS fees and software value-added service fees, shall be borne by you.
VIII. Protection and Collection of Your Information
1. When you are using the Products, we may need to collect your personal data to provide services to you. We take the protection of your personal data very seriously and have developed a Privacy Policy, which is an integral part of the Agreement. The Privacy Policy describes the details of how we collect, use, store, transfer and disclose your personal data. By accessing and using the Products, you agree to be bound by the terms of the Agreement and the Privacy Policy, and we will protect your privacy in accordance with that Privacy Policy.
2. In addition to the aforementioned personal information, you agree and authorize us to collect other necessary information about you based on the requirements of administrative/judicial authorities or security, user experience optimization and other considerations and we may collect and use such information only for the purpose of fulfilling the Agreement.
IX. Interruption, Suspension and Termination of Game Server Operation
1. Please understand that for the normal operation of the game server, we need to periodically shut down the game server for maintenance or emergency shut down for maintenance in case of emergencies and we will try our best to limit the interruption duration to the shortest possible time.
2. We have the right to terminate or interrupt all or part of the services provided by the game server if any of the following circumstances occur and we will not be liable to you or any third party for any inconvenience or damage arising therefrom:
(1) Regular inspection or construction, updating hardware and software, etc.;
(2) Damage to the game server and it fails to function properly;
(3) Sudden failure of software and hardware equipment and electronic communication equipment;
(4) Line or other failures of the network provider;
(5) Acts according to the law or for the personal safety of users and third parties in case of emergency;
(6) Other cases of force majeure.
3. We reserve the right to terminate or partially terminate the provision of the game service if we consider it necessary, and will announce it [60] days in advance before termination.
4. Regardless of the reason for termination, you shall take appropriate measures to dispose of the virtual goods by yourself, including but not limited to canceling or stopping the use of user accounts, virtual items and other related matters. You will not hold us liable for any form of compensation or indemnity other than the virtual currency purchased but not yet used by the user as a result of the full termination of the service, including but not limited to compensation for no longer being able to use the user account, virtual items, etc. Once the Agreement is terminated, we may continue to retain or delete information generated in the course of your use of the Products in accordance with the applicable laws and regulations.
X. Minors and Children
1. Our services are not intended for minors under the age of [18]. If you are a minor who may use the Products in accordance with local law, you must read the Agreement in the presence of your legal guardian, and you may use the Products provided that you and your guardian fully understand and agree to the Agreement, provided that you and your guardian agree to:
(1) Supervise your use of the Products;
(2) Assume all risks associated with your use of the Products, including the transmission of content to third parties over the Internet;
(3) Assume any liability arising from your use of the Products;
(4) Ensure the accuracy and truthfulness of all information submitted by you;
(5) Assume responsibility for your use of the Products and be bound by the Agreement.
2. We define a child as a user under the age of 13 (or as specified in the laws and regulations of your country of residence).
(1) You must be thirteen (13) years of age or older (inclusive) to use the Products. In addition, if you are using or accessing the Products from a jurisdiction that requires a greater age to legally participate in the Services, you represent and warrant that you are of that legal age. We reserve the right to require proof of your age at any stage;
(2) If you are 13 years of age or older but under the legal age of majority as defined by the laws and regulations of your country of residence ("Minor"), you may only use our services under the supervision of a parent or guardian.
XI. Indemnification
You agree to defend, indemnify and hold us and/or our affiliates, employees, officers, managers, directors, agents harmless from and against any claims, liabilities, losses, injuries, damages, costs and expenses (including, without limitation, attorneys' fees and other costs) arising out of or related to:
(1) Your access to or use of the Products;
(2) Your breach or alleged breach of any term, condition, obligation, representation or warranty in the Agreement (including your improper or unauthorized use of the Services). For example, your failure to provide us with accurate account information, your failure to keep your password or account information secure and confidential);
(3) Any material, content or other information provided to us by you or on your behalf;
(4) Your violation of any applicable law or infringement of the rights or interests of any third party;
(5) Any other illegal or improper conduct by you.
XII. Limitation of Liability
You acknowledge and agree that, based on a number of factors such as the general customs and current technical limitations of online game operations and the network environment, aggregate liability of our and our affiliates for all claims arising in any way in connection with the Agreement will be limited to the following amounts to the extent permitted by applicable laws and regulations:
1. The amount paid by you to us for the use of the services to which the claim relates during the 3 months prior to the date of the most recent claim. These limits and exclusions on damages will apply even if any remedies provided by us do not provide adequate compensation.
2. To the extent permitted by applicable law or regulation, in no event will we or any of our affiliates be liable to you for:
(1) Any damage or loss arising from causes beyond our reasonable control, including, but not limited to, damages resulting from unforeseen circumstances or causes beyond our control, such as acts of God, natural disasters (e.g., floods, earthquakes, epidemics, fires), social events (e.g., war, terrorism, riots, acts of civil or military authorities, embargoes, accidents, strikes) or shortages of transportation facilities, fuel, energy, labor or materials that render performance of the Agreement impossible;
(2) Damage or loss caused by any computer virus, Trojan horse or other malicious software or hacker;
(3) Any damage or loss caused by any failure of our or your software, systems, or hardware;
(4) Any direct, indirect, incidental, punitive, special, exemplary or other pecuniary or consequential damages (including, but not limited to, loss of business, damage to goodwill or reputation, business interruption, loss of business opportunity, loss of revenue, profits, use, data or other economic benefits), however arising, whether for breach of contract or tort or otherwise, and whether even if it has been advised of the possibility of such damages.
3. Important: We may deem it necessary to make updates or reset certain parameters in order to balance the gameplay, use of the game, or Ancillary Services. Such updates or "resets" may cause your game experience to feel poor and may affect your rights to your character, the game, your team, or other things under your control. In addition, you may lose some of the virtual items you have "acquired" or "purchased" for the game. We reserve the right to make these updates and will not be liable for any damages you may suffer as a result.
4. The Agreement governs the relationship between you and us (and, where relevant, our affiliates). Your dealings with all third party service providers are solely between you and the relevant payer. Subject to mandatory applicable laws and regulations, we and our affiliates shall not be liable to you in connection with any third party service provider, which includes any content, services or software provided by a third party service provider in connection with the Services.
5. These terms shall not exclude or limit our liability for damages that cannot be lawfully excluded or limited by applicable law. This includes liability for personal injury or death caused by our negligence or the negligence of our employees, agents or subcontractors, and liability for fraud or fraudulent misrepresentation.
6. The limits of our liability to you shall apply whether or not we have been advised or ought reasonably to have known of the possibility of incurring any such loss.
XIII. Termination
1. Without limiting any other rights we may have, the Agreement will automatically terminate without prior notice if you fail to comply with any term or condition of the Agreement or any agreement or policy referred to in the Agreement. If you intend to terminate the Agreement, you may do so by removing our Games from all devices on which you have installed them. Your use of our Services will cease immediately upon removal of the Games. Upon termination of the Agreement, you will not be entitled to continue to exercise any rights granted to you. You must destroy all copies of the Games in your possession.
2. Even if the Agreement terminates/expires, your obligations accumulated prior to the termination/expiration shall continue to be performed by you. In addition, all of our rights and benefits and the licenses granted to us, if any, shall remain in effect and shall survive the termination of the Agreement.
XIV. Applicable Laws and Disputes Resolution
1. The laws of [Hong Kong Special Administrative Region of the People's Republic of China], excluding its conflict of law provisions, shall govern the execution, performance, interpretation, modification and resolution of disputes under the Agreement. You agree that the Agreement has been signed in [Hong Kong, China].
2. Any dispute arising out of the Agreement shall first be resolved by amicable negotiation between the parties. If consensus cannot be reached, any claim, dispute (whether in contract, tort or otherwise) that you have against any entity, director, agent or employee shall be submitted to [Hong Kong International Arbitration Centre (HKIAC)] in accordance with the HKIAC Rules. The arbitration shall be conducted in Hong Kong, China, and the arbitration proceedings, all pleadings and written evidence shall be in English. You will only be permitted to bring claims against us on an individual basis and not as a plaintiff or member in any class or representative action or proceeding.
XV. General Terms and Conditions
1. Severability. You and we agree that if any part of these Terms of Service or the Privacy Policy is held to be unlawful or unenforceable, in whole or in part, by any court or tribunal of competent jurisdiction, such provision shall be ineffective in such jurisdiction only to the extent determined to be invalid or unenforceable, without affecting its validity or enforceability in any other manner or jurisdiction, and without affecting the remaining provisions of the Agreement and such provisions shall remain in full force and effect.
2. Entire Agreement. The Agreement, the Privacy Policy and any documents expressly incorporated herein constitute the entire legal agreement between you and us and supersede in their entirety any prior agreements between you and us with respect to the Services.
3. No Waiver. Our failure to insist upon or enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right on our part.
4. Security. We do not warrant that our Services are secure or free of errors or viruses. You are required to configure your information technology, computer programs and games to access our Services. You should equip yourself with virus protection software.
5. Assignment. You may not assign, transfer, sublicense, pledge or allocate any of your rights or obligations under these Terms of Service by operation of law or otherwise without our prior written consent. Any purported assignment by you without our consent will be void. We reserve the right to assign, transfer, sublicense, pledge or assign these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time, with or without your consent.
6. Language. If the Agreement is made in English, we may make the Agreement in other languages available for your reference. In the event of a discrepancy, the English version of the Agreement shall prevail.