End User License Agreement of Dozengame Ltd.
Last updated: January 11, 2023
Part I. Significant Notice
This End User License Agreement of Dozengame Ltd. (the “Agreement”) is the legal instrument which will be entered into for the use of the online game, as may be amended, updated from time to time, and all of its pre-versions, subsequent versions and its relative software (“Online Game”), by and between the user (including individual or independent entity, hereinafter referred to as “User”) and Dozengame Ltd. (“Dozengame Ltd.” or “Operator”).
- Content of the Agreement
Part I Significant Notice; Part II Copyright Statement; Part III General Terms and Conditions; Part IV Main Clauses; Part V Code of User
Dozengame Ltd. reserves the right to change any or all the above content, in its sole discretion depending on the need of operation and all such change or update will become valid upon expiration of the period specified by Dozengame Ltd. for dissent.
New addition refers to other rules released regularly or irregularly by Dozengame Ltd. depending on the need of operation, including but not limited to other officially released information such as BBS rules, code of conduct, rules of activity and definition and interpretation.
Please pay more attention that, considering the habit of users when using the online game service, the User is obliged to read the content of this Agreement every day and on the basis of this, when the User fails to perform such obligation, they have no right to claim any dissent to the legal effect of any clause, with the excuse that they are not informed the content herein.
- Obligations of Dozengame Ltd.
- Dozengame Ltd. may take the following legal measures to introduce the User’s attention to clauses herein:
Dozengame Ltd. makes underline, red mark and takes other reasonable measures to highlight relevant clauses and introduces the User’s attention to such clauses (including but not limited to, for the purpose of emphasizing, those which contain terms such as “not liable for”, “disclaimer”, “shall not” and “reject to” without any clear mark). Those clauses will apply to this Agreement to the maximum extent allowed by Chinese law. Subject to all the clauses in the Agreement, the User may install, reproduce, access Dozengame Ltd.’s website, recharge, operate end-user software or use the Online Game in other ways.
- Dozengame Ltd. may take the following measures to interpret the User’s obligations in the clauses herein:
The User shall immediately cease to install or use the Online Game and call the service hotline 4008350887 in case of any request of interpretation of any clause herein, or otherwise it will be considered as Dozengame Ltd. has perform the obligation of interpretation.
- Rights of User
In case of any objection to the above clause or any content of this Agreement, the User has the right not to click “accept” or call or send email to Dozengame Ltd. to put forward to the objection within thirty (30) days upon any update, change or amendment of any agreement.
Any and all the following conducts of the User will be considered as acceptance of the Agreement, upon which the Agreement will become effective and bind Dozengame Ltd. and the User: (1) the User clicks “accept” in any step such as registration, download or use; (2)the User plays the Online Game and accepts relevant service in the way of possible or actual interaction with the Online Game; (3) the User fails to send any objection to Dozengame Ltd. by telephone call or email within thirty (30) days upon any update, change and amendment of the Agreement and rules.
- Acceptance of User
Whereas Dozengame Ltd. has performed the obligations for the party who drafts the standard clause, the conducts mentioned above of the User will and shall be considered as paying full attention to and accepting all the clauses in the Agreement, especially the clauses which induces the User’s attention to the legality and validity of the clause. The User shall not claim or requires any court or other third party institution to confirm the illegality or invalidity of such clause just with the excuse that Dozengame Ltd. fails to induce the User’s attention in reasonable manner to the standard clauses or perform the obligation of interpretation upon request of the User.
- Cautions for Juveniles
This Agreement shall be read and accepted by juveniles accompanied by their statutory guardians. For those juveniles which is younger than 14 years old, they may only apply and register in the name of their statutory guardians. The juvenile User shall use or play the Online Game within reasonable extent and Dozengame Ltd. is entitled to make necessary limitation as required by law.
Part II Copyright Statement
- Intellectual Property
The Online Game and its operating manual are all under the protection of copyright law. Without the written permission of the licensor and operator, all the software and image-text of the Online Game shall not be partially or wholly reproduced, reprinted or amended in any way. The Online Game and the product name, trademark, brand, picture on the package and manual are of the ownership of the licensor or Dozengame Ltd..
The intellectual property to the content of the Online Game (including but not limited to any computer code, game character, name of the game character, materials and information of the game character, background of story, plot, place settings, design of task, economic system, trading system, manufacturing and construction system, social networking system, competitive function, image of character, sound effect, map and props, action presentation, team system, game concept, work of art, music, phonotape and video tape, documentation and the game end-user and server software) is of the ownership of the licensor. The operator is entitled to and exercise the rights in this Agreement to the extent of the license.
- Game Accounts
All the game user accounts are of the ownership of Dozengame Ltd., and the User obtains the use right for the online game account upon successful registration. Any data information (including but not limited to account’s data information, character’s data information, etc.) generating out of the game account and stored in Dozengame Ltd.’s database is also of the ownership of Dozengame Ltd. Users, on condition that they fully comply with the Agreement, are entitled to use the data information in their accounts when they play the Online Game in normal manner.
- Virtual Items
Game Virtual Item that is made available in the Online Game and service, including but not limited to gold ingot, gold coin, gold, game coin, virtual equipment, virtual item, as well as the data information generating out of such virtual item and stored in Dozengame Ltd.’s database (including but not limited to data information of the virtual item and leveled item), are of the ownership of Dozengame Ltd. Users, on condition that they fully comply with the Agreement, are entitled to use the data information of the Game Virtual Item in their accounts when they play the Online Game in normal manner.
Part III General Terms and Conditions
- Registration of Account
- Users shall register a game account of Dozengame Ltd. with their real identities and warrant the authenticity, completeness and validity of the personal information and be liable for the information they provided in accordance with laws, regulations and these general terms and conditions.
- In case that any User needs to change its personal information after duly registration with its real identity, Dozengame Ltd. shall offer such service in a timely and efficient manner.
- Use and Custody of the Game Account
- Subject to the general terms and conditions, Dozengame Ltd. is entitled to review the identity information provided by Users for registration to confirm the authenticity and validity, and shall take necessary technological and management measures to secure the safety and validity of the Game Account; Users shall properly keep and use their Game Accounts and the passwords in right and safe manner. Any party, who fails to perform the above obligation which causes the Game Account to be lost or stolen and further damage the civil rights and interests of the User or others, shall undertake the all the legal liabilities.
- The User is entitled to and liable for the result arising out of any act through its Game Account after login.
- In case of finding out any illegal or abnormal use of the Game Account or password, the User shall notice immediately Dozengame Ltd. in the way required by Dozengame Ltd. and is entitled to require Dozengame Ltd. take measures to suspend the login or use of such account.
- When taking measures to suspend the login or use of the Game Account upon the User’s request, Dozengame Ltd. shall require the User provide and confirm the consistency between its real personal identity information and that provided for registration of such account.
- Upon confirmation of the consistency, Dozengame Ltd. shall take in a timely manner measures to suspend the login and use of the Game Account.
- In case the Dozengame Ltd. fails to take necessary measures to suspend the login and use of the Game Account in accordance with this Section 2.4, it shall be liable for any loss of the User arising out of its negative act and other legal result.
- In case that the User fails to provide its valid personal identity evidence or the personal identity evidence is not identical with the personal information it provided for registration, Dozengame Ltd. has the right to reject the User’s request.
- The User, when providing its personal identity evidence to Dozengame Ltd. for the sake of its own interest, Dozengame Ltd. shall offer necessary assistance and support such as giving the evidence of the account’s owner or original registration information and depending on the actual condition, provide other necessary evidence to administrative or judicial authorities.
- Suspension and Termination of Service
- In case the the User releases illegal information, seriously breaches the social morality and conducts other acts which breaches prohibitive regulations, Dozengame Ltd. shall immediately terminate the service to such User.
- If the User conduct improper act when accepting Dozengame Ltd.’s service, Dozengame is entitled to terminate its service to such User. The improper act refers to the prohibitive act expressly provided in this Agreement or expressly informed by Dozengame Ltd. in advance. Dozengame Ltd. shall not terminate the service to the User until the User conduct the improper act.
- If the User provides false identity information for registration or conduct act which breaches this Agreement, Dozengame Ltd. has the right to suspend part or the whole service to the User; in this case, Dozengame Ltd. shall inform the User the term of such suspension which shall be a reasonable period, and resume the service upon expiration of the term.
- It is Dozengame Ltd. who shall bear the burden of proof for suspension or termination of part or the whole service to the User.
- Protection of the User Information
- When requiring information related to the User’s personal identity, Dozengame Ltd. shall release in a clear and visible manner its privacy policy and usage policy for personal information and take necessary measures to protect the security of those personal information and materials.
- Without prior permission of the User, Dozengame Ltd. is prohibited to provide to any third party, make public or share with others the User’s name, ID number, contact information, address and other personal information in the User’s registration materials, except that:-
- The User or User’s guardian authorizes Dozengame Ltd. to make such disclosure;
- Dozengame Ltd. has to make such disclosure as required by law;
- Judicial or administrative authority requires Dozengame Ltd. make such disclosure as per legal proceeding;
- Dozengame Ltd. files a suit or applies for arbitration against the User for the purpose of protecting its own legal rights and interests;
- Dozengame Ltd. provides the User’s personal information upon lawful request of the guardian.
Part IV Main Clauses
- License
- The User may install the end-user software of the Online Game on its computer connected to the internet within the valid term of the license and operate a copy of the Online Game in a manner designated by the end-user software. Any act such as installation, use, access, display, operation and transfer of the Online Game without license will be deemed as default of this Agreement.
- Subject to this Agreement, the copyright holder and Users licensed by the operator may obtain through the official website the end-user software of the Online Game and use the same on one computer. The Online Game may be used by installing it in the PC or other permanent access device. The Online Game may be transferred from one computer to another, but shall not be installed simultaneously on two computers. When transferring to others as per this Agreement, the User shall delete the content which has been set up in the original computer and shall not retain and use the same any more.
- Maintenance of the Game Account
- Liability under the Game Account
- Dozengame Ltd. will not be liable for any failure of service or further service to the User due to the User providing false materials, or the provided materials have changed but the User fails to make update accordingly, or the provided materials contains any misleading information.
- Considering the characteristic of the networking service, Dozengame Ltd. has no obligation to review whether the User itself uses the Game Account and password, but only review whether the Game Account and password are identical to these kept in the database, and any imputed Game Account and password may be used to login in the Online Game so long as they are identical to these kept in the database. In this case, Dozengame Ltd. will not be liable for the User’s claim that the act of login in the Online Game is not conducted by the User itself.
The use right of the User’s Game Account for the Online Game belongs to the original registrant and any User shall not transfer (including but not limited to purchase, sell, grant, trade, lease and inherit) its Game Account or password in any way to others. Once Dozengame Ltd. finds out that the actual user of the Game Account is not the original registrant, it may directly take back the account without notice the User of such account or undertaking any liability, and the User shall be liable for the loss arising out of this.
- Update of the Game Account
Dozengame Ltd. provides relevant service to any person on condition that such person may prove it is the User of the Game Account with valid information (including but not limited to the registration information, original password, etc.) provided by the person and accepted by Dozengame Ltd.. If the User forgets the content it imputed for registration and relevant historic information or fails to update personal registration information, problems (including but not limited to password recover) of the User may not be resolved properly for which Dozengame Ltd. will not be liable.
- Prohibitive Act
- The User is prohibited to conduct acts which violate the fairness of the Online Game, including but not limited to:
- Analyze, change or attack the Online Game through the software with the function of reverse engineering, compiling or decompiling, dissembling, for the purpose of cheating in play of the Online Game;
- Use any plugins or game fixing program to reverse engineer, compile, decode or change the Online Game, including but not limited to change any special communication protocol of the software, change or lock the materials in the RAM; (For the purpose of this Agreement, the “plugins” means the programs which is separate from the game software and may affect the operation of game at the same time of the game’s operation, including but not limited to use the analog keyboard mouse, change the operation environment and amend the data. In case of any conflict between the definition provided herein and that provided in the state laws, regulations or other normative documents, the latter shall prevail.)
- Take abnormal measure to login in the Online Game, take use of plugins such as web accelerator or robot program or conduct other acts which maliciously destroy the service infrastructure and disturb normal service order;
- Produce, disseminate or use plugins, encapsulation, accelerator software or take use of other cheating program, or organize, instigate others to use such malicious software, or sell the malicious software for the purpose of seeking interests for individuals or organizations;
- Take use of any ways or method, trying to attack the game server, router, switch or other device to illegally obtain or change without authorization the data and affect normal game service, or conduct other acts damaging to the game;
- Seek interests for the User itself or others by taking use of any possible technologic defects or bug in the system of Online Game (including but not limited to reproducing the virtual items in the game).
- The User is prohibited to conduct acts which violate the compliance of the Online Game, including but not limited to:
- Violate the basic principles in the Constitution;
- Harm the state’s unity and completeness of sovereignty and territory;
- Disclose the state’s secret, harm the state security or damage the state’s honor and interests;
- Instigate the racial violence, racial discrimination, damage the national unity or harm national customs;
- Advocate the heresy or superstition;
- Disseminate rumor, disturb the social order and destroy the social stability;
- Publicize obscenity, eroticism, gambling, illegal lottery, violence or instigate others to commit crime;
- Humiliate and slander others or infringe others’ legal rights and interests;
- Violate the social morality;
- Other content which is prohibited by laws, administrative regulations and other rules promulgated by the state.
- The User is prohibited to conduct acts which violate the security of the Online Game, including but not limited to:
- Violate the online game management rules or the good faith principle and infringe any third party’s rights and interests by directly or indirectly organizing, instigating, stealing, possessing, using, picking up, purchasing, transferring such third party’s game account, character, virtual currency, virtual item, virtual equipment, etc.
- Infringe any third party’s rights and interests by positive or negative act.
- The User is prohibited to take use of the Online Game to conduct acts which has no relationship with the game, including but not limited to:
- Use the online service system for any illegal purpose or other matters which have no relationship with the service or product provided by Dozengame Ltd., including but not limited to purchase and sales of game account, character, virtual currency, virtual equipment, virtual item and advertisement of gambling or illegal lottery;
- Access or attempt to access, without authorization, the Online Game or any account, computer or network related to the network service provided by Dozengame Ltd.;
- Take use of, without authorization, the Online Game and relevant network service provided by Dozengame Ltd. to collect any User’s information, including but not limited to the User’s personal identity information and communication information;
- Download, install or use any software deriving from the Online Game but not authorized and published by Dozengame Ltd.;
- Accept or download any materials disseminated by other Users of the Online Game which, to the knowledge of the receiving User, shall not be disseminated in this way;
- Conduct any act which may have adverse impact to the normal operation of internet by taking use of the Online Game and relevant network service provided by Dozengame Ltd., including but not limited to disseminating in any way the documents which contain computer virus or destructive program or other software or program which may have adverse impact to the normal operation of others’ computer or the internet;
- Taking use of the Online Game and relevant network service to disseminate any harassment, harmful, insulting, threatening, vulgar, obscene or other illegal information and materials;
- Take use of the Online Game and relevant network service to conduct any act which has adverse impact to Dozengame Ltd.;
- Release any negative information on Dozengame Ltd. and its service in public. (The User shall take communication channels provided by proper institution for the service, product and other business consultation provided by Dozengame Ltd. and its business partner.)
- The User is prohibited to conduct any act which violates the intellectual property rights to the Online Game, including but not limited to:
- Reproduce, copy, disseminate and display on the internet the Online Game’s program, use manual and other image-text and phonotape and videotape materials;
- Display and play part or the whole content of the Online Game;
- Lease the Online Game to others;
- Restore, decompile, dissemble, edit, translate, adapt and otherwise amend the Online Game’s program, image, animation and music;
- Amend or conceal the product name, company logo, copyright information of the Online Game on the program, image, animation, package and manual of the Online Game;
- Conduct any act which has no relationship with reasonable use of the game such as reverse engineering, decompiling or disassembling;
- Use the Online Game for business purpose;
- Conduct any other act which breaches the copyright law, regulations on computer software protection and other relevant laws and regulations.
- Collection of Information
- The User agrees to permit Dozengame Ltd. to provide the User’s registration information to the third party provided that Dozengame Ltd. cooperates with such third party to offer network service and the third party accepts to undertake the same responsibility of protecting the User’s privacy with Dozengame Ltd..
- Subject to non-disclosure of any individual User’s privacy materials, Dozengame Ltd. is entitled to perform technological analysis on the whole user database and take use of in business the user database after the analysis and consolidation. Although Dozengame Ltd. has tried its best to protect the User’s privacy, it still cannot ensure that the present security technological measures may prevent the User’s information from any damage or infringement.
- The User understands and accepts that Dozengame Ltd. has the right to collect necessary data from the User in order to know the User’s demand and improve the service quality.
- Dissemination of Information
- On the basis of conclusion of the Agreement, the User agrees that Dozengame Ltd. may regularly or irregularly on its own discretion send the information which, as Dozengame Ltd.’s decision, has positive impact to further service to the User, to the User’s email box, telephone number or through any other media.
- There may be commercial advertisement or other advertisement for promotion in Dozengame Ltd.’s service and product. The advertisements are of the ownership of the advertising agency or the service or product provider and Dozengame Ltd. only offers a media for such advertisements. For the service or commodity purchased by the User through Dozengame Ltd. or links in its website, the transaction is just concluded between the User and the provider of such commodity or service and is not Dozengame Ltd.’s business. Dozengame Ltd. will not be liable for the trade between the User and the provider of such commodity and service.
- Change and Termination
- In the event that the User conduct any improper act when accepting the service of Dozengame Ltd., Dozengame Ltd. has the right to terminate its service to such User. For the purpose of this Section, the improper act includes but not limits to default, violating laws or public policy and good custom, infringing the rights and interests of Dozengame Ltd. or any third party.
- Dozengame Ltd. is entitled to cease or suspend the Online Game without undertaking any liability, when or if:-
- The network equipment needs to be maintained or is under other construction;
- The network system and relevant hardware and software provided by other partners of Dozengame Ltd. or telecom service provider suffer breakdown, failure or omission of manual operation which leads to partial or complete suspension or delay, or the Online Game ceases or suspends due to others attacking into Dozengame Ltd.’s system and falsifying or faking the materials;
- The network communication equipment of Dozengame Ltd. fails to provider service due to any reason;
- Dozengame Ltd. fails to provide the Online Game and the service due to force majeure events;
- The User fails to play the Online Game continuously for 180 days (including but not limited to the circumstance that the User plays the Online Game only during the free period or does not purchase any consumables) if the Online Game charges depending on the playing time and/or items bought by the User. In this case, from the 24:00 on the 180th day, Dozengame Ltd. is entitled to take measure to cancel the game time and value remained as of the day when the User plays the Online Game last time without any compensation. However, if the User charges at least RMB 30 within one (1) month since the cancellation of Dozengame Ltd., the game account will has the game time and value equal to the charged fee as well as the cancelled game time or value which is considered granted additionally by Dozengame Ltd..
- The User fails to play the Online Game continuously for 360 days, and from 24:00 on the 360th day, Dozengame Ltd. is entitled to take measures to delete any record kept in the game database for such game account (including but not limited to registration information, character information, leveled item information, etc. ).
- Dozengame Ltd. cancels the User’s right to use the virtual item or the value-added service if the User is charged depending on the virtual item or other value-added service it purchases, and the lifetime of the virtual item or service has expired (no matter whether or not the User actually use the item or service). The use right for the virtual item and pricing of the value-added service will be published through Dozengame Ltd.’s website, and the User is obliged to carefully read and understand the policy and pricing clauses before choosing to purchase them. Once the User buys the virtual item or accepts the service, it is deemed that the User has fully understand the policy for use of virtual item or the pricing standard for the value-added service and has accepted the price.
The User especially accepts herein that for any virtual item and service which marked by “permanent”, “long-term” or “continuous”, their lifetime shall not be considered, interpreted or reasoned as not terminating forever, but their lifetime shall not expire until Dozengame Ltd. publishes termination of the operation of the Online Game, and then Dozengame Ltd. will have no obligation to provide subsequent service, and the User has no right to claim the continuous provision of the virtual item or service by Dozengame Ltd. or any compensation by Dozengame Ltd. to the virtual item or service.
- Change of the chargeable item is a normal commercial activity and the User shall not claim termination of this Agreement due to change of the chargeable item. Upon any change of the chargeable item by Dozengame Ltd., the amount paid for a certain item but not spent will be transferred to fees for other chargeable item by Dozengame Ltd. and the User shall not claim termination of this Agreement due to this or claim refund of such remained amount. For example, Dozengame Ltd. originally charges from the User depending on the game time and the User has paid RMB 35 for 120-hour game time. Upon elapse of 60-hour game time, Dozengame Ltd. starts to charge the User depending on the purchased virtual item or other value-added service. In this case, Dozengame Ltd. may transfer the RMB 17.5 which is equal to the remained 60-hour game time, to the right to purchase virtual item or other value-added service with the same value. The User will not make any objection to such change and transfer.
- At any time (including but not limited to when the User is registering a game account or is playing the Online Game), if Dozengame Ltd. finds out that the User’s registered or used game account, character or guild or other self-defined names is identical to that of other User which causes failure of identification, Dozengame Ltd. is entitled to require the User change the name and if the User fails to change the name within required time, Dozengame Ltd. has the right to add symbol after the name of such User in order to ensure the normal operation of the Online Game. (For example, a User wishes to or is using a character name “Xiaosa”, but there is another User’s character name kept in the same server is also “Xiaosa”, Dozengame Ltd. is entitled to add a symbol such as “1” or “2” after the User’s name to make it as “Xiaosa 1” or “Xiaosa 2” without the User’s prior consent if the User is not willing to amend the name by itself.) The User shall unconditionally accept such amendment.
- It is of the User’s knowledge and the User accepts that, as an Online Game, it will finally be fully terminated in the future and Dozengame Ltd. may terminate operation of the Online Game upon occurrence of the following circumstances: (1) the government authority orders to terminate the operation; (2) technological problems in the game software which causes termination of the operation; (3) Dozengame Ltd. decides to terminate the operation. For the termination of operation due to any reason, Dozengame Ltd. will notice the User sixty (60) days in advance, and the User shall dispose the game account (including cancelling or ceasing to use the game account), the virtual items in the game as per introduction of Dozengame Ltd.. The User shall not claim with any reason Dozengame Ltd. for non-termination of operation.
- Safety Responsibility
- The decision of the User to use the Online Game of Dozengame Ltd. is completely made out of the User’s personal willing and the User chooses Dozengame Ltd.’s product and service depending on its own discretion and Dozengame Ltd. has given the User the opportunity to decide whether or not to choose Dozengame Ltd.’s product and service. In this case, the User shall be liable for and undertake any risks arising out of such decision as well as the risks and possible damage arising out of use of the Online Game, including but not limited to the damage to the User or its computer system due to the User playing the Online Game or downloading the game or pictures or other materials about the game from the Online Game’s official website, and loss of any materials, game account, virtual currency, virtual item. The User accepts that Dozengame Ltd. has perform the obligations to protect the safety of the User’s data and Dozengame Ltd. is not liable for put forward any evidence to prove this, except for it has been proved that Dozengame Ltd.’s default has caused loss or damage to all the Users, or otherwise any individual User’s loss or damage mentioned above shall not be attributable to Dozengame Ltd..
- Dozengame Ltd. is not liable for any direct, indirect, contingent, consequential and subsequent loss, which may arise out of improper use of the net service, illegal use of the internet information, change of the information provided by the User and liability of default to this Agreement. The User expressly accepts herein to undertake the risk and result arising out of it installing, copying, accessing the website, charging, operating the end-user software or use the Online Game in any other way and/or receiving relevant service from Dozengame Ltd., for which Dozengame Ltd. will not be liable.
- Dozengame Ltd. only offers the Online Game for the User to play by itself or to compete with other Users as per the rules set by the game, and the User shall take all the liabilities for its act or activity in the Online Game. Considering the complexity and specialty of the Online Game and the risk existing in the trade between virtual item and actual property (including but not limited to the virtual item may be deleted since it is reproduced one, there is not any state law for deciding the value of virtual item). Dozengame Ltd. herein reminds the User of taking precautions to its act, activity or trade in the Online Game and Dozengame Ltd. will not take any liability for the User’s any act, activity or trade in the Online Game. In no event shall the User claim compensation from Dozengame Ltd. on the basis of the paid real currency or property for virtual item or currency.
- The User shall notice or seek help from Dozengame Ltd. immediately after it finds out its game account or password is illegally used by others or is in an abnormal status, provided that the User shall submit the express order from the governmental authority which requires Dozengame Ltd. take measures to limit, freeze or delete any other game account, character, virtual currency, virtual item, virtual equipment. Or otherwise Dozengame Ltd. has the right to reject the User’s request since it is difficult for Dozengame Ltd. to decide whether the game account is used by the User itself or whether the User’s request is proper. The User accepts the reasonability of such act of Dozengame Ltd. and waive the claim to Dozengame Ltd.. Dozengame Ltd. accordingly will not be liable for any subsequent loss.
- When the User finds out its game account or password is illegally used by others or is in an abnormal status and requests Dozengame Ltd. to limit, freeze or delete any other game account, character, virtual currency, virtual item, virtual equipment, Dozengame Ltd. may, upon instruction of the User or order of competent governmental authority, limit or cancel the rights of certain User. The User whose rights are limited or cancelled in this case accepts herein the reasonability of Dozengame Ltd.’s act and waives the claim to Dozengame Ltd.. Dozengame Ltd. will accordingly not be liable for any subsequent loss, provided that it may assist the resolution of the dispute between these Users depending on the actual condition.
- No Warranty
The User shall take risks for its accepting the network service and Dozengame Ltd. will not warrant, expressly or implied, for any of the following issues:
- The Online Game under this Agreement and the relevant service provided by Dozengame Ltd. are in compliance with the User’s requirement;
- The Online Game under this Agreement and the relevant service provided by Dozengame Ltd. will not be affected by force majeure event, computer virus, hacker, instability of system, location of the User, shutdown by the User, factors of telecom department and external or human factors such as internet, technology, communication line;
- There is not any conflict between installation, reproduction, access of the website, charging, operation of end-user software or playing the Online Game in any other ways and/or accepting Dozengame Ltd.’s service, and any other software;
- The reputation and service quality of a third party which may be linked from Dozengame Ltd.’s website, the Online Game’s official website and other relevant website.
The links on the pages of the Online Game’s official website may direct the User to the website of any other individual, company or organization. The purpose of this is for convenience of the User to seek or obtain information and Dozengame Ltd. makes no warranty on the authenticity, completeness, timeliness or reliability of the product, service or information on such linked individual, company or organization’s website. Dozengame Ltd. will not be liable for the relationship between the User and such website.
If the User chooses the server which supports a free fighting, it will be considered as the User accepts the pattern of free fighting and the game rules accordingly.
- Downloader of Dozengame Ltd.
Once the User chooses “the downloader and auto update function” when installing the end-user software of the Online Game, it is deemed that the User accepts to install and use the downloader of Dozengame Ltd. and the free value-added service, including but not limited to providing Dozengame Ltd.’s other game end-user software, auto updating and installing the latest version of the Online Game and receiving the advertisement and marketing information.
- Liability of Default
- The User will protect the interests of Dozengame Ltd. and other Users and will be liable for any damage arising out of its violation of relevant laws, regulations or any provision in this Agreement, including but not limited to any direct or indirect loss of Dozengame Ltd..
- The User will defend, indemnify and hold harmless Dozengame Ltd. from any third party claims, request or loss to the extent arising out of the User’s violation of relevant laws, regulations or any provision of this Agreement.
- In case of violation of any provision herein by the User, including but not limited to Dozengame Ltd. finds out through inner monitoring program or upon report of other Users that the User may or has breached the Agreement, laws or public policy and good custom or infringe interests of any party, Dozengame Ltd. is entitled to take the following measures: to limit the login of the game account and character, to limit the User’s activity in the game, to delete the virtual currency and virtual item related to the game account or character, to delete the User’s game account and claim compensation of loss by such User (including but not limited to loss arising out of human cost, operation cost, reputation and protection of interests), to terminate the Agreement bilaterally, to claim a penalty from the User (which is equal to the value of the game account and character). The User expressly herein accepts to undertake the above mentioned liability.
- Exclusion and Limitation of the Liability
Under no circumstances shall Dozengame Ltd. be liable to the User for any indirect, incidental, consequential or special damages arising out of the use or non-use of the Online Game by the User. If Dozengame Ltd. is not completely released from the liability of compensation as provided in laws, the User accepts the virtuality of the virtual item whose value cannot be decided and will not determine the amount of compensation on the basis of the game account or virtual item in the game account or the cash amount paid by the User to purchase Dozengame Ltd.’s service. Under no circumstances shall the liability of Dozengame Ltd. exceed the actual value of the existing virtual item and Dozengame Ltd. is only liable for the direct monetary loss which is attributable its default.
- Resolution of Dispute
- The execution, performance, construction and resolution of dispute arising out of this Agreement shall be governed by Chinese law.
- The execution, performance, construction and resolution of dispute arising out of this Agreement shall all be decided on the basis of electronic data and written data provided by Dozengame Ltd. and the User accepts herein the data’s accuracy, validity and legality.
- Any dispute arising out of content or performance of this Agreement shall be resolved by negotiation. If the dispute cannot be resolved by negotiation, any party may file the case to Shanghai Arbitration Commission who will make decision as per the existing arbitration rules of the Commission. The party who applies the arbitration procedure shall bear all the fees arising out of the arbitration.
- Notice and Delivery
Any or all the notices of Dozengame Ltd. under this Agreement may be delivered to the User through its announcement on the website, e-mail, mail and pupup; the notice is deemed to be delivered to the User upon sending out.
Part V Code of User
Please understand that we consider the User’s utmost interest to take limitation to the User’s game character against the User’s violating act to the following code.
-------Management Team of Online Game
- Definitions to the measures which the GM (game manager) will take for the User’s violation
- Shut off the chatting function: forcibly suspend the online chatting function of the User’s character which causes the User cannot chat with other Users until such penalty expires or is cancelled.
- Kickout: the User’s game account is forcibly cancelled and the game program is ceased accordingly.
- Jailed: the User’s character is removed to an independent and unaccessible map until such penalty expires or is cancelled.
- Delete the character: a certain character is forcibly deleted.
- Delete the game account: a game account and the right thereto is forcibly deleted.
- Properly disposing the relationship between Users
- Act: abuse or attack other Users and interfere with other Users normal game process.
Penalty: shut off the chatting function for the slight case; jailed for the serious case; suspend the game account and the service for the User who conducts the same improper act again.
- Act: continuous argument, repeat to speak for several time, put forward to advertisement for several time, flood the screen and other act infringing the interests of other Users; maliciously block the narrow road to make non-convenience of other Users and other act which maliciously and continuously harass other Users normal game process, including but not limited to continuous and malicious PK act.
Penalty: shut off the chatting function, jailed or delete the game account.
- Continuous and malicious PK act without listening to dissuasion for the purpose of harassing other Users.
Penalty: forcibly kicked out and the game account suspended.
- Properly disposing the relationship between the User and the Online Game
- Act: use a character name which breaches the name rules, including but not limited to the name contains words of personal attack, obscenity, abuse, reaction and other words which harass the image of the Online game, is similar to GM service character’s name to disturb the normal service order, and damages the national interests and social morality.
Penalty: delete the character immediately finding out such act. The User shall name its own character with necessary caution.
- Act: attack or invade the game server in various ways or login in the Online Game in abnormal way.
Penalty: directly delete the game account and reserve the right to claim further liability.
- Act: maliciously destroy our service infrastructure, including but not limited to taking use of compiling, decompiling program to amend the game materials, logining in the game with abnormal method, taking use of web accelerator and other plugins or robot to destroy the service infrastructure and disturb the normal service order.
Penalty: cancel the right of such User to continuously play the Online Game and reserve the right to claim the User for further liability.
- Act: seek interests for others by taking use of bug in the system.
Penalty: warning upon finding out or report by other Users of such act; delete the game account if the User conducts the same act again after the warning.
- Act: conduct illegal trade of actual object by taking use of the function in the game and violate relevant laws and regulations.
Penalty: delete the game account upon finding out the act and pass the case to competent authority.
- Properly disposing the relationship between the User and the GM
- Act: call the GM without any reason and frequently send harassment information to GM.
Penalty: shut off the chatting function of such User, jail or suspend the User’s game account.
- Act: fails to comply the GM’s arrangement and abuse the GM.
Penalty: jail or cease the game account
- Act: counterfeit the GM or other service staff in the Online Game
Penalty: serious warning and delete the character; delete the game account if acting in such again and again.
- For the sake of fairness of the game, officers of Dozengame Ltd. will not interfere in any dispute between Users.
- Each User has the right to request the support of the game’s GM, however, in order to offer such support to more Users, each User shall conscientiously not chat with the GM. GM of Dozengame Ltd. has the right to reject any chatting topic from the User which has no relationship with their work.
- Each User has the right to supervise the GM in the game and once finding out any violating act by the GM, the User may use the screenshot function (which may ensure the authenticity of the picture) provided by the game to retain the scene and report such circumstance to the email address of support#dozengame.com ( Please replace # with @ ). Our inspection department will investigate such GM.
- GM of the game is entitled to suspend any right of a game account if it is possible to harass the game system. All the GM will insist on the principle of independency, fairness and no-favoritism to decide the actual condition of the violation in accordance with this code and impose proper penalty to the User’s violation act.