Please read this Subscriber Agreement ("Agreement") carefully because it explains your rights and obligations related to your use of the Tencent WeGame game and digital goods purchase and hosting platform, together with related sites, subdomains, forums, chatrooms and mobile applications (the "Platform") and all Game Content (defined in Section 1 below). This Agreement is between you and ENTROPY GAME GLOBAL LIMITED and its affiliates ("Tencent"). By downloading or using the Platform or any Game Content, or by clicking "I Agree" or otherwise indicating your acceptance of this Agreement, you confirm that you can lawfully enter into this Agreement in accordance with applicable laws and regulations and agree to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, do not access or use the Platform or any Game Content.
For the purposes of this Agreement, "you" and "your" means you as the user of the Platform. Any use of the word "including" shall mean "including without limitation".
1. Platform and Game Content Access
Subject to your compliance with this Agreement, Tencent: (a) authorizes you to access and use the Platform in accordance with the terms herein to access and purchase Subscriptions (as defined below) to Game Content for your personal entertainment purposes only; and (b) grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install on a device one copy of any Game Content to which you purchase a Subscription and that Tencent distributes to you and (ii) access and use such Game Content for your personal entertainment purposes only.
Tencent is not required to provide any maintenance updates or support in respect of the license. Tencent reserves the right to revoke the license or restrict your use of the Platform granted under the license for any reason, at any time.
As a Subscriber (defined in Section 2), you may obtain access to certain services, software, and content. Except for the Platform itself, the software, content, and updates you download or access via the Platform, including but not limited to Tencent or third-party video games, in-game content (including but not limited to advantages, benefits, character skins, experience boosts, extra powers, weapons and other equipment for your in-game characters ("Advantages")) and any other content within such games, are referred to in this Agreement as "Game Content." The purchase by you of any right to access and/or use any Game Content accessible through the Platform is referred to in this Agreement as a "Subscription".
Each Subscription allows you to access certain Game Content. Some Subscriptions may be subject to their own separate terms (for example, an end user license agreement specific to a particular game), which may be presented to you upon your first installation of the particular Game Content. . Unless otherwise stated in additional terms applicable to a particular Subscription or as required by applicable law, Game Content is subject to the Tencent Refund Policy available at https://developer.wegame.com/developer/static/refund_policy_en.html.
Your use of the Platform is also subject to Tencent's Privacy Policy, available at https://developer.wegame.com/agreements/wegame_privacy_policy_en.html which explains how Tencent collects, uses, processes, stores and discloses personal information received from you when you use the Platform. We may make changes to the Privacy Policy over time, so please come back and review it.
2. Eligibility and Registration
You may use the Platform only if you are 13 years or older, are capable of forming a binding contract Tencent and are not barred from using the Platform under applicable law. Game Content may contain additional age restrictions; you may not access or purchase such Game Content without being at least the minimum age listed on such Game Content (or have appropriate parental consent to purchase and/or access or use such Game Content). Any assistance of access of the Platform by those users under 13 years of age by a parent or guardian, including through use of a computer, device, internet connection and/or facilities, requires that the parent or guardian assume full liability for any consequences.
To access parts of the Platform and Game Content, you will need to create a Tencent WeGame account ("Tencent WeGame Account"). You may create this account using your [QQ account], [your email address, or] [a unique username you choose] or a third party platform or social network account that may be indicated by Tencent when you start to create your Tencent WeGame Account ("Third Party Account"). To the extent one of these accounts allows us to access certain personal information such as your email address and name, Tencent will extract such personal information to help create your Tencent WeGame Account. A "Subscriber" as used herein is any user that creates a Tencent WeGame Account. Your Tencent WeGame Account log-in may be associated with a Third Party Account. You are responsible for all use and the security of your Tencent WeGame Account and any Third-Party Accounts that you use to access and use the Platform.
Your Tencent WeGame Account is personal to you and you may not allow anyone else to use it, including by sharing your password. You are responsible for the login, password, and computer security of the system you use to access the Platform. It's important that you provide Tencent with accurate, complete and up-to-date information for your Tencent WeGame Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don't, Tencent may suspend or terminate your Tencent WeGame Account. You agree that you will not disclose your Tencent WeGame Account password to anyone and will notify Tencent immediately of any unauthorized use of your Tencent WeGame Account. You are responsible for all activities that occur under your Tencent WeGame Account, whether or not you know about them.
3. Access Conditions
You agree not do any of the following with respect to the Platform, Game Content, or any portion thereof:
(a) use the Platform, any Game Content (or any information contained therein or obtained from or through the Platform or Game Content) commercially, for a promotional purpose, or for the benefit of any third party (including by (i) offering use of the Platform in exchange for payment (e.g. "leveling" services); (ii) selling Game Content for any purpose or selling Tencent WeGame Accounts; or (iii) mirroring any game servers) or in any manner not permitted by this Agreement;
(b) host or provide matchmaking services for the Platform or any Game Content or emulate or redirect communication protocols used by Tencent in any network feature of the Platform or Game Content, protocol emulation, tunneling, modifying or adding components to the Platform or Game Content, use of a third party program or any other techniques currently known or hereafter developed, for any purpose including but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as a part of content aggregation networks, websites or services, without the prior written consent of Tencent;
(c) use the Platform or Game Content on more than one device at a time;
(d) copy, reproduce, distribute, display, mirror, frame (including to enclose any trademark, logo or other proprietary information) or use the Platform or Game Content (or any other Tencent materials, intellectual property, or proprietary information) in a way that is not expressly authorized in this Agreement;
(e) sell, rent, lease, license, publish, charge others for use, distribute, or otherwise transfer the Platform, your Tencent WeGame Account, Game Content, or any Subscriptions, except as expressly permitted herein;
(f) reverse engineer, derive source code from, modify, adapt, translate, datamine, decompile, decode, disassemble or make derivative works based on the Platform or any Game Content;
(g) remove, disable, circumvent, or modify any technological measure implemented by or on behalf of Tencent to protect the Platform or Game Content or any associated intellectual property;
(h) create, develop, distribute, or use any unauthorized programs (including cheats, automation software (bots), hacks, viruses and modifications) to gain advantage in any online or other game modes or to modify the Platform or Game Content;
(i) violate any applicable law or regulation;
(j) attempt to probe, scan or test its vulnerability or breach any security or authentication measures;
(k) access, tamper with, or use non-public areas of the Platform or Game Content or use the Platform in any manner that could disable, damage, disrupt or impair the Platform;
(l) behave in a manner which is detrimental to the enjoyment of the Platform by other users as intended by Tencent, in Tencent's sole judgment, including but not limited to the following – harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, unethical or disruptive behavior or scamming;
(m) post, upload, publish, submit or transmit any User Content (as defined in Section 7) that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(n) interfere with, or attempt to interfere with, the access or enjoyment of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform or any of its users;
(o) use any robot, spider, crawlers or other automatic device that accesses the Platform to monitor or collect information from or through the Platform, or any manual process to do the same, or collect or store any personally identifiable information from the Platform from other users of the Platform without their express permission;
(p) impersonate or misrepresent your affiliation with any person or entity or otherwise misrepresent yourself;
(q) use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Platform or particular Game Content you are downloading or using, or for any other purpose;
(r) use, reproduce or remove any trademarks, copyrights or other proprietary notations displayed on or through the Platform;
(s) use the Platform in any way that would affect Tencent adversely or reflect negatively on Tencent or the Platform or discourage any person from using all or any portion of the features of the Platform; or
(t) attempt to do any of the foregoing or encourage or enable any other individual to do any of the foregoing.
Although Tencent is not obligated to monitor access to or use of the Platform or to review or edit any User Content, Tencent has the right to do so for the purpose of operating the Platform and Game Content, to ensure compliance with this Agreement and to comply with applicable law or other legal requirements. Tencent reserves the right, but is not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if Tencent, in its sole discretion, considers any User Content to be objectionable or in violation of this Agreement. Tencent has the right to investigate violations of this Agreement or conduct that affects the Platform or any Game Content.
4. Changes to this Agreement; Updates and Patches
(a) Changes to the Agreement. Tencent may update this Agreement at any time in its sole discretion. If Tencent makes any material change to this Agreement, you will be prompted to agree to the new Agreement upon your next access to the Platform. You must agree to any new updates to the Agreement to continue using the Platform and Game Content. Tencent may provide patches, updates, or upgrades to the Platform or Game Content that must be installed in order for you to continue to use the Platform or Game Content, in order to, for example, update security, multiplayer interoperability, Cheat Detection Software, and system stability. Tencent may update the Platform and Game Content remotely without notifying you, and you hereby consent to Tencent applying such patches, updates, and upgrades. Tencent may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Platform or Game Content at any time. You acknowledge that your use of the Platform or Game Content does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Platform or such Game Content, including but not limited to any updates. You also acknowledge that any data related to your use of the Platform or any Game Content thereunder (including but not limited to character data, game progress, and game customization) may cease to be available to you at any time without notice from Tencent, including without limitation after a patch, update, or upgrade is applied by Tencent. You understand agree that Tencent does not have any maintenance or support obligations with respect to the Platform or any Game Content.
(b) Changes to Game Content. Developer is entitled to change the purchase price of Game Content at any time, for any reason. Tencent may, without notifying you, vary the scope, variety and type of the Game Content at any time.
(c) Transactions. When you purchase Game Content (each purchase, a "Transaction"), you expressly authorize Tencent (or its third-party payment processor) to charge you for such Transaction (plus any applicable taxes and other charges). You may need to include appropriate payment information such as your credit card number and its expiration date, and your billing and email addresses ("Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. You may also need to provide other information to verify your identity so Tencent can authorize the Transaction (such information is included within the definition of Payment Information).
(d) Recurring Subscriptions. For Subscriptions purchased on a per-month or similar recurring term, by continuing to use such a Subscription you agree and reaffirm that Tencent may charge your credit card or other payment method, to process such a payment through Tencent itself or a third party payment processor. You agree to notify Tencent promptly of any changes to your payment method that would impact the successful charging of that payment method to process these recurring payments. As the Tencent WeGame Account holder, you are responsible for all fees incurred and all Transactions made on your Tencent WeGame Account. If you cancel your Tencent WeGame Account, Tencent reserves the right to collect fees, surcharges or costs for Subscriptions incurred before cancellation. Unpaid Tencent WeGame Accounts must be settled before Tencent will allow you to register again or continue to use the Platform.
(e) Refund Policy. Except to the extent required by law or otherwise set forth in the Tencent Refund Policy available at https://developer.wegame.com/developer/static/refund_policy_en.html, all payments and fees are non-refundable under all circumstances.
(f) No Rights in Digital Goods. Since Game Content is digital items that Tencent licenses to you, by exchanging such Game Content, or by purchasing Game Content, you are actually receiving in exchange a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license and right to use such Game Content (as applicable) solely within the Platform for your personal and non-commercial entertainment use, and for no other purpose. Any Game Content you gain access to via the Platform, whether through a Transaction or earned through in-game achievement, remain the property of Developer, have no monetary value, are not legal tender and are not redeemable or refundable for any "real world" money or anything of monetary value.
The nature and duration of Advantages varies between and within games provided on the Platform and may be capped based on a limited number of uses or based on a fixed amount of time. Game-related activity means accessing Game Content on or through your Tencent WeGame Account or purchasing Game Content through the Platform.
Please notify Tencent immediately if you dispute a Transaction or believe that any Transaction occurring on your Tencent WeGame Account is unauthorized.
You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Content except as expressly permitted by Tencent. Except as otherwise prohibited by applicable law, Tencent reserves and retains all rights, title, and interest in and to the Game Content. The license to Game Content will terminate upon termination of this Agreement. YOU AGREE THAT YOU WON'T ASSERT OR BRING ANY CLAIM AGAINST TENCENT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS RELATING TO (A) A CLAIM THAT YOU OWN ANY GAME CONTENT; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CONTENT LOST UPON DELETION OR SUSPENSION OF YOUR ACCOUNT, ADJUSTMENTS TO THE PLATFORM THAT RESULT IN THE VALUE OF GAME CONTENT CHANGING, OR MODIFICATION, TERMINATION OR EXPIRATION OF THIS AGREEMENT.
(g) Cross-Jurisdictional Restrictions.
Tencent may in its sole discretion restrict you from accessing the Platform if you are located in a particular territory or restrict or vary the type of Game Content made available to you based on your territory.
(h) Retail Purchases. Tencent may offer codes or product keys that can be activated on the Platform. Such codes or keys must be purchased through an authorized Tencent retailer to be valid. If you cannot redeem a code or key purchased through an authorized retailer, you must bring up such issues with the authorized retailer.
5. Cheating
You may be prompted to install software designed to prevent granting one player an unfair advantage over other players (such actions, "Cheating" and the software "Cheat Detection Software") during your use or installation of the Platform or Game Content or periodically as updates are made to the Platform or Game Content. The Platform and Game Content itself may also contain functionality designed to detect such Cheating as well. If you do not agree to install the Cheat Detection Software or at any time remove or disable the Cheat Detection Software, your right to use the Platform automatically terminates and you may not make use of or access the Platform or any Game Content. The Platform, Game Content, and/or the Cheat Detection Software may collect and transmit details about your Tencent WeGame Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to Tencent's Privacy Policy. In the event that Cheating is identified, you agree that Tencent may exercise any or all of its rights under this Agreement, including terminating your Tencent WeGame Account and access to the Platform or any Game Content.
6.Developer Tools & Contributions
Your license to particular Game Content may include Developer tools that can be used to create content ("Developer Tools"). Some examples of Developer Tools include a software development kit, a framework built into the Platform that allows user-developed integrations into a custom-version of a particular game (such as modified game rules or items), or in-game tools through which you can edit and create derivative works of Game Content. Some Developer Tools may be subject to separate terms from those in this Agreement, and you agree that by using any Developer Tools, you will comply with those separate terms. Otherwise, you may use Developer Tools, and you may use, reproduce, perform, display, and distribute any content you create using Developer Tools however you wish, but solely on a non-commercial basis.
For the purpose of this Agreement, "Contribution" means any modifications you make to Game Content, including through the use of Developer Tools, whether or not you submit such modifications for public access by the Platform's community. Contributions may be considered, at Tencent's sole discretion, for incorporation by Tencent or a third-party developer into Game Content.
7.User Content
For the purpose of this Agreement, "User Content" means any content that you create, generate, or make available through the Platform or Game Content, including Contributions, chat posts, character data, game customization, in-game constructions, and screenshots. You hereby grant Tencent a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit User Content for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Tencent is not required to make any use of any User Content that you provide. You agree that if Tencent makes use of your User Content, Tencent is not required to credit or compensate you for your User Content.
You may not create, generate, or make available through the Platform any User Content to which you do not have the right to grant Tencent the foregoing license or that is illegal or violates or infringes another's rights, including intellectual property rights or privacy, publicity or moral rights. You represent and warrant that neither your User Content, nor your use and provisions of your User Content to be made available through the Platform, nor any use of your User Content by Tencent on or through the Platform will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
In some instances, you can remove your User Content by specifically deleting it. However, in certain circumstances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Platform. We are not responsible or liable for the removal or deletion (or the failure to remove or delete) any of your User Content.
8. Endorsements
If you promote or endorse any product, service, or event through the use of our curation or broadcasting services in exchange for any consideration (including free games or other products) from a third party, where such product, service, or event is related in any way to Tencent or the Platform, you must clearly indicate the source of such consideration for your audience.
9. Feedback
Tencent welcomes your feedback, comments and suggestions for improvements to the Platform and any Game Content ("Feedback"). You can submit Feedback by emailing us at customer_service@wegame.com. If you provide Tencent with any Feedback, you hereby grant Tencent a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Tencent is not required to make any use of any Feedback that you provide. You agree that if Tencent makes use of your Feedback, Tencent is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Tencent to grant Tencent and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
10.Ownership/Third Party Licenses
Subject only to your ownership rights in User Content as described in Section 7 above, Tencent and its licensors own all title, ownership rights, and intellectual property rights (including without limitation copyrights, patents, trade secrets, trademarks including those rights in all related names, product and service names, designs and slogans) in the Platform and Game Content, including without limitation all software (including source code), logos, icons, the "look and feel" of the Platform and Game Content, text, graphics, images, video clips, sound clips, content, notices, data, page layouts and selection and arrangement of the content. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or Game Content. No license or other rights will be created hereunder by implication, estoppel, or otherwise.
Where Game Content includes certain components provided by Tencent's licensors, Tencent may, in its sole discretion, include in such Game Content's game interface a list of credits and notices for third party components.
Tencent and its licensors reserve all rights in connection with the Platform and Game Content.
11. Third Party Links, Resources, and Game Content
The Platform and Game Content may contain links to third-party websites, apps or resources. Tencent provides these links only as a convenience and is not responsible for the content, products or services on or available from those websites, apps or resources or links displayed thereon. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, apps or resources.
Third party Game Content on the Platform is not screened by Tencent and neither Tencent nor the Tencent Parties (as defined in Section 14) assume any liability for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such third party Game Content.
12. Copyright Policy
Tencent expects its users to respect copyright law. It is Tencent's policy to terminate in appropriate circumstances the Tencent WeGame Accounts of those users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Tencent's Copyright Policy at https://developer.wegame.com/developer/static/infringement.html for further information.
13. Warranty Disclaimers
THE PLATFORM AND GAME CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TENCENT AND THE TENCENT PARTIES (AS DEFINED IN SECTION 14) EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES AS TO QUALITY, LIKELY RESULTS, RELIABILITY, INFORMATION, DATA, DATA PROCESSING, UPTIME, SECURITY AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Tencent and the Tencent Parties make no warranty that the Platform or Game Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Tencent and its licensors make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Platform or Game Content.
14.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TENCENT, NOR ITS LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF TENCENT'S SERVICE PROVIDERS (COLLECTIVELY, THE "TENCENT PARTIES"), WILL BE LIABLE IN ANY WAY FOR ANY LOSS OF PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PLATFORM OR GAME CONTENT, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE PLATFORM OR GAME CONTENT, EVEN IN THE EVENT OF A TENCENT PARTY'S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF A TENCENT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE TENCENT PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PLATFORM OR GAME CONTENT WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO TENCENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY (I) THROUGH THE PLATFORM IF THE ALLEGED LIABILITY CONCERNS THE PLATFORM IN ITS ENTIRETY OR (II) FOR SPECIFIC THE GAME CONTENT IN QUESTION IF THE ALLEGED LIABILITY CONCERNS ONLY SPECIFIC GAME CONTENT; OR (B) FIFTY DOLLARS ($50 USD) IF YOU HAD NOT HAD ANY SUCH PAYMENT OBLIGATIONS. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TENCENT AND YOU.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice such rights that you may have as a consumer of the Platform.
15. Indemnity
You agree to indemnify, pay the defense costs of, and hold Tencent, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including attorneys' fees, costs, and expert witnesses' fees) that arise out of or in any way are connected with (a) any claim or allegation that, if true, would constitute a breach by you of this Agreement, (b) your access to or use of the Platform or Game Content, (c) any derivative works or content you create using Developer Tools, or (d) your User Content. You agree to reimburse Tencent for any payments made or loss suffered by Tencent, whether in court judgment or settlement, based on any matter covered by this Section 15.
16. Termination
Tencent may terminate your access to and use of the Platform or any Game Content with no liability to you in the event that: (i) Tencent ceases providing the Platform or such Game Content to similarly situated users or Subscribers generally or (ii) if you breach any terms of this Agreement (including any additional terms described in Section 1). If your access to the Platform is restricted or terminated, your access to the Game Content may also be restricted or terminated. You may also terminate this Agreement by canceling your Tencent WeGame Account in your account options. Upon any termination of this Agreement, any license granted to you in this Agreement will automatically terminate, you may no longer exercise any of the rights granted to you by such license, and you must destroy all copies of the Platform and Game Content in your possession.
Except to the extent required by law or otherwise set forth in the Tencent Refund Policy available at https://developer.wegame.com/developer/static/refund_policy_en.html, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated. Individual game keys or codes, except as otherwise allowed in this Agreement, are not transferable to or otherwise re-activatable on any other game platform or for other Subscribers on the Platform. You are responsible for any pending fees on your Tencent WeGame Account prior to cancellation (e.g., an overdue monthly subscription to a game) and any charges incurred to third-party vendors or content providers before your cancellation.
The following sections will survive termination of this Agreement: Sections 9, 10, and 12-19.
17.Governing Law and Jurisdiction
Governing Law
You agree that any action related to this Agreement will be resolved in accordance with the laws of Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") without reference to choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this Agreement.
a) Dispute Resolution. Any Dispute arising with respect to this Agreement or any related service shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules in force at the time of delivery of the arbitration notice.
b) The arbitration shall be conducted in accordance with Hong Kong law with the seat of the arbitration in Hong Kong and the language of the proceedings shall be in English. The number of arbitrators shall be three (3), with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment of such arbitrators shall be confirmed by the HKIAC, and both arbitrators shall be instructed to and shall agree on the third arbitrator within ten (10) days of their confirmation by the HKIAC. Should either party fail to appoint an arbitrator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) shall be appointed by the Secretary General of the HKIAC. The arbitrators shall award only such damages as are permitted to be awarded pursuant to this Agreement.
c) Each party will pay its own costs and expenses (including counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.
d) Notwithstanding anything to the contrary in this Agreement, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief. The parties hereby expressly agree that sections 5, 6 and 7 of Schedule 2 to the Arbitration Ordinance (Chapter 609 of the Laws of Hong Kong) are to apply.
18.No Assignment
You may not assign or transfer the rights and obligations under this Agreement, by operation of law or otherwise, or sublicense, pledge, or otherwise transfer or share the benefit of any or all of your rights, if any, without Tencent's prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and void. Tencent may freely assign or transfer this Agreement, in whole or part, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
19.Miscellaneous
Entire Agreement. This Agreement, any additional terms described in Section 1, and any other document or information referred to in this Agreement constitute the entire and exclusive understanding between you and Tencent regarding the Platform and Game Content and supersede any and all prior oral or written understandings or agreements between Tencent and you regarding the Platform and Game Content.
Language. The original language of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in any other language.
Severability. This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.
No Waiver. Tencent's failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tencent. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
Third Party Rights. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Ordinance (or any equivalent third party rights legislation) to enforce any of its terms.
20. Contact Information
If you have any questions about this Agreement or the Platform, please contact Tencent at customer_service@wegame.com.