LAST UPDATED: August 10, 2023
EFFECTIVE DATE: August 10, 2023
1 About These Terms
1.1 These Terms and Conditions of Use (the "User Agreement") are entered into by and between you and NetEase Interactive Entertainment Pte. Ltd., 128 Beach Road, #19-01 Guoco MidTown, Singapore (hereinafter referred to as "NetEase", "we", "us" or "our") in relation to gaming and software applications made available by us for use on or through computers, consoles and mobile devices, websites operated by us, and any related services (together referred to as our "Services"). You agree that by using our Services, you agree to these User Agreement. In addition, when using our Services, you may be subject to any community guidelines or rules applicable to such Services which may be posted from time to time. For purposes of these User Agreement, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity, then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these User Agreement and (b) you agree to these User Agreement on the entity's behalf.
1.2 We may update these User Agreement from time to time by posting the amended terms and conditions in our Services. It is your sole responsibility to review these User Agreement from time to time to view any such updates. The updated User Agreement will become effective at the date indicated in the "EFFECTIVE DATE" legend at the top of these User Agreement. Your continued use of our Services will be deemed as your acceptance of the updated User Agreement.
1.3 BY USING THE SERVICES, YOU CONSENT TO ENTERING INTO THESE User Agreement ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE User Agreement IN ELECTRONIC FORM. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE User Agreement, PLEASE DO NOT USE THE SERVICES.
Section 13.2 contains an arbitration clause and class action waiver that applies to you if you are a citizen or habitual resident of the United States. If you are a citizen or habitual resident of the United States, by agreeing to these User Agreement, you agree (a) to resolve all disputes with us related to the Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Services. You may have the right to opt-out of arbitration as explained in Section 13.2.
2.1 Subject to the laws of your country/region of residence, minor children may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward (collectively, your "Child") to use an account, you hereby agree to these User Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you. In furtherance of our policy of not collecting personal information from persons under the minimum age as provided by the applicable laws of their country/region of residence (e.g., such minimum age in the United States is the age of 13) ("Minimum Age"), you are not allowed to give us the personal information of any persons under the Minimum Age for delivery or any other reason.
2.2 You agree that you will make necessary efforts to protect your account information and keep it confidential. You agree that you may not transfer your account as well as any of your rights or obligations under these User Agreement to anyone else or share your account information with others without our prior consent.
2.3 You agree that, unless otherwise specified, the system will first debit from the balance of the Virtual Points (as defined below) that you paid for ("Top-up Balance") when you make purchases in the Services, and then debit from the balance of the Virtual Points that you earn for free if the Top-up Balance is insufficient. Your purchase will fail if both payment methods are unavailable.
2.4. If you access or log into the Services using your gaming and/or social media account (e.g., NetEase Games Account, Apple, Discord, Facebook, Google, LINE or Twitter, collectively "Third-Party Account"), you should review and comply with the User Agreement of the applicable Third-Party Account provider, as their User Agreement apply in relation to your use of the Third-Party Account. Please note that any access or use of Third-Party Account is at your discretion and between you and the applicable Third-Party Account provider. We do not make any representation or commitment, or guarantee the performance, availability, safety or reliability of any Third-Party Account and are not responsible for the Third-Party Account provider's performance or failure to perform in any respect.
3 User Conduct and Content
3.1 You must follow applicable laws of the jurisdiction where you are located when using our Services. If any applicable laws restrict or forbid you from using our Services, you shall follow such restrictions or stop using our Services. You are responsible for your interactions with other users in the Services. While we reserve the right to monitor interactions between users of our Services, we are not obligated to do so, and we cannot be held liable for your interactions with our users, or for any user's actions or inactions. If you have a dispute with one or more users, you release the NetEase Entities (as defined below) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
3.2 Users may send, upload, communicate, transmit or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, or other materials ("Content") via our Services. You are exclusively responsible for any and all Content that you may provide via our Services, either published in public or sent in private. In order to operate the Services, we must obtain from you certain license rights in your Content so that actions we take in operating the Services are not considered legal violations. By using the Services and uploading your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devises) your Content but solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty-free, transferable, sub-licensable, worldwide, and irrevocable (for so long as your Content is stored with us), and include a right for us to make your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose your Content to third parties if we determine such access is necessary to comply with our legal obligations. By posting your Content via our Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your Content.
Regarding such Content, you agree to comply with applicable laws and to the following:
3.2.1 You will not provide any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, discriminatory, pornographic, sexually explicit or otherwise;
3.2.2 You will not provide any Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
3.2.3 You will not provide Content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
3.2.4 You will not provide any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
3.2.5 You will not provide any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
3.2.6 You will not provide Content that will contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above; and
3.2.7 You will not provide any Content that contains anything that, in the sole determination of NetEase, is objectionable or inhibits any other person from using Services, or which may expose NetEase or its users to any harm or liability of any kind.
3.3 By using our Services, you agree that you will not:
3.3.1 except for a necessary backup for using our Services, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Services;
3.3.2 use our Services in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;
3.3.3 use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the Services, collect any information of the Services or connect to the Services including but not limited to simulating game user operations, changing the operating environment, modifying data to disrupt other users' game experience through the employment of external software, including but not limited to scripts (robots), plug-ins, button wizard software or third-party tools (e.g. the multi-open function under the simulator, synchronizer, record macro, keyboard mapping, cloud phone etc.);
3.3.4 use our Services for any purpose other than a reasonable person is likely to believe is within the spirit of playing, specifically including without limited to commercial purposes;
3.3.5 reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Services, any Content created by others or any portion thereof, in whole or in part;
3.3.6 remove or amend any patent notice, copyright notice or other intellectual property information from our Services;
3.3.7 collect any information, other than reasonably necessary for using our Services, of other users;
3.3.8 unless otherwise specified, transfer virtual currencies such as virtual gold coins, crystal and energy points ("Virtual Points"), or items or services for use within our Services ("Virtual Goods") in any way once you purchase it, including but not limited to attempting to trade the Virtual Points and/or Virtual Goods within our Services with real money/real items via any third party platforms, or attempting to provide mediation, intermediary, or agency service for such trade in or outside our Services (collectively "RMT"), including, but not limited to spamming, spreading RMT advertisements by any means within or outside our Services, and conducting RMT via any in-game functions, etc.; and
3.3.9 use our Services in any other way not permitted by these User Agreement or any applicable community guidelines or rules.
3.4 Notice of Infringement – DMCA Policy
If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:
a) identification of the copyrighted work that is claimed to be infringed;
b) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
c) information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
d) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
e) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
f) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to NetEase Interactive Entertainment Pte. Ltd., 128 Beach Road, #19-01 Guoco MidTown, Singapore; or by e-mail to email@example.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
4.1 You are responsible for obtaining and maintaining necessary devices for using our Services, including but not limited to mobile phones and tablets, and for device fees, including but not limited to internet fees, data fees and electricity fees. You recognize that these fees are paid to third parties not relevant to these User Agreement and shall not incur any liability of us under these User Agreement.
4.2 You understand that due to the specialty of the online games, we may update our Services from time to time, which may block your access to the Services for a period of time and result in the modification of the content of the Services. We are not liable for any losses incurred by such updates except for those due to our intent or gross negligence. Unless under an urgent circumstance, we will inform you of such update in advance.
4.3 In the circumstance that certain Services is in a "test period" or a "beta version" or something of that kind, your access to our Services may be subject to specific rules, such as limited period or limited number of users to access to the Services, privilege of some users to access to the Services, our reserved rights to modify or delete the gameplay data of users, and irregular shut down of the servers of the Services. Please read carefully these rules and your cooperation and feedbacks upon our beta version of the Services are highly appreciated.
5.1 Although we endeavour to provide the accurate and reliable Services, you expressly understand and acknowledge that OUR SERVICES AS WELL AS ANY RELATED INFORMATION, ARE PROVIDED ON AN "AS IS" BASIS. Without limiting the foregoing, to the maximum extent permitted under applicable law, NetEase, its parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, partners and licensors (the "NetEase Entities") DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY AND BUG/ERROR/DEFECT-FREE. The NetEase Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis.
5.2 Without limiting our liabilities expressly set forth herein and to the extent not prohibited by the applicable laws, you expressly understand and agree that THE NETEASE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OF OR THE INABILITY TO USE OUR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE NETEASE ENTITIES' AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.
6 Breach and Indemnification
6.1 In case we reasonably find that you have breached these User Agreement or any applicable community guidelines or rules, or we reasonably detect suspicious activity on your account, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved Content; (ii) restoring your gameplay data to the status before your breach; (iii) limiting your access to the Services and/or your account; (iv) terminating your right to use our Services; (v) taking legal action against you or disclosing relevant information to law enforcement authorities and (vi) any other actions set forth in any applicable community guidelines and rules.
6.2 You will indemnify and hold the NetEase Entities harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in these User Agreement, including but not limited to any breach of these User Agreement and your violation of any rights of any third party. You hereby agree that we shall have the right to control the legal defence against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
7 Intellectual Property
7.1 NetEase and our associated logos and names are our trademarks and/or service marks. Other marks, names and logos used in the Services, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
7.2 The Services and all data, content and software associated with or generated within it including without limitation any and all Virtual Goods and Virtual Points (collectively referred to as our "Work") may be protected by the laws of copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights (including without limitation the intellectual property rights and ownership) in our Work. Subject to these User Agreement and any applicable community guideline or rules, we hereby grant you a limited, revocable, non-sublicensable and non-exclusive license to use and reproduce our Work solely for your personal use in connection with our Services and the right to download a single copy of any mobile or computer applications or other software provided to you in connection with our Services. Unless expressly set forth herein, you may not otherwise reproduce (other than incidental reproduction required to run the Services on your device), distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display our Work or any adaptations thereof. The license granted herein will automatically terminate in the event of your breach of these User Agreement. You can use the Work obtained within our Services for so long as we operate our Services unless the Work is specially marked with duration or maximum charges under which circumstance the license of using such Work will be terminated if the duration expires or the maximum charges are reached. You may pay for license of some Work (such as some Virtual Points and Virtual Goods) and you agree that SUCH PAYMENT IS FINAL AND NON-REFUNDABLE UNLESS APPLICABLE LAWS SPECIFY OTHERWISE. Some Work may be subject to certain third party's license such as open source license as stated in the Services. Please read carefully the license agreement of such third party and make sure you comply with the requirements set forth in such agreement when using the certain Work.
7.3 Unless otherwise specified and permitted by the applicable laws, when you purchase, earn or otherwise obtain Virtual Points and/or Virtual Goods, you receive a personal, revocable, non-assignable, non-transferable, non-exclusive, limited license to use such Virtual Points or Virtual Good exclusively within the applicable Services for your personal, non-commercial use. Such license granted to you hereunder for any Virtual Points and Virtual Goods will terminate when we cease providing the applicable Services, your account is closed or these User Agreement are otherwise terminated. You agree that Virtual Points and Virtual Goods have no monetary value outside of their intended use within the applicable Services and cannot be sold, sublicensed, traded, transferred, or exchanged for money or other consideration. Virtual Points and Virtual Goods cannot be used as a substitute for currency or medium of exchange. You are not allowed to transfer Virtual Points or Virtual Goods outside of the Services. Notwithstanding the foregoing, we may make available a marketplace operated by us that permits you to buy, sell or trade Virtual Goods to or from other users solely for Virtual Points. We may establish certain conditions or limits in connection with the Virtual Points, including a maximum amount you may spend to purchase Virtual Points per transaction or per day, a maximum balance that may be credited to your account and limit a certain Virtual Points to a single game offered by us. Any balance of Virtual Points shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
The Services may permit you to purchase certain other products or services ("Offerings"). You acknowledge and agree that all information you provide with regards to a purchase of Offerings, including credit card or other payment information (if applicable), is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify or limit the available quantity or any Offerings and (b) refuse to allow any user to purchase any Offerings. When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth in the applicable Services, and all other applicable fees and taxes in connection with your purchase ("Full Purchase Amount") and (b) authorize us and/or our payment processor to charge your credit card or other payment method for the Full Purchase Amount. Payment can be made by credit card, debit card, or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by any payment processor are solely your responsibility.
9.2 No Refunds
UNLESS OTHERWISE PROVIDED BY APPLICABLE LAWS, ALL PURCHASES WITHIN OUR SERVICES ARE FINAL AND NON-REFUNDABLE AND THERE ARE NO REFUNDS AVAILABLE FOR ANY OFFERINGS. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you conduct in via the Services.
9.3 Promotional Codes
We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers ("Promotional Codes") that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that we establish. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (d) may be disabled or have additional conditions applied to them by us at any time for any reason without liability to us; (e) may only be used pursuant to the specific terms that we establish for such Promotional Codes; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
10 Mobile Applications
10.1 Use of Mobile Applications
You are responsible for providing the mobile device, wireless service plan, software, internet connections and/or other equipment or services that you need to download, install and use mobile applications provided in connection with our Services ("App"). We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App is or will be available in any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App ("Push Messages"). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device's operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from NetEase. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from NetEase.
10.2 Mobile Software from the Apple App Store
The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these User Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these User Agreement are solely between you and NetEase, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store's applicable User Agreement. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these User Agreement. You and NetEase acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and NetEase acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, NetEase, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these User Agreement. You must comply with applicable third-party terms of agreement when using the App. You and NetEase acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these User Agreement as they relate to your use of the App, and that, upon your acceptance of these User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce these User Agreement against you as a third-party beneficiary thereof.
11 Governing Law and Venue
Unless otherwise stipulated by applicable laws, these User Agreement shall be governed by the laws of Singapore, as an agreement wholly performed, negotiated and executed therein without regard to Singapore's conflict of law rules. Any disputes relating in any way to or arising under or out of your use of our Services or these User Agreement shall be binding upon the arbitration held by the Singapore International Arbitration Centre ("SIAC"). You hereby consent to personal jurisdiction and venue in SIAC. If you are a resident of the European Economic Area, you will benefit from any mandatory provisions of the law of the country in which you are resident (including relating to the venue for resolving disputes).
12.1.1 You agree that we may transfer or assign all or part of our rights or obligations under these User Agreement to a third party upon prior notice to you, but we will ensure that the transfer will not adversely affect your rights under these User Agreement.
12.1.2 You must not transfer or assign all or part of your rights or obligations under these User Agreement without our prior written consent.
12.2 Entire Agreement
These User Agreement set forth the entire agreement between you and us, and supersede and replace any and every other prior or contemporaneous agreement or understanding that may have existed between you and us.
If, but only to the extent that, any provision of these User Agreement is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that these User Agreement will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of these User Agreement are not affected and are capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
12.4 Waivers of Our Rights
The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of these User Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to these User Agreement and duly signed by us.
12.5 California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
12.6 Contact Us
If you have any further questions these User Agreement, please contact us via the in-game customer services or on the official websites of our Services.
13 Regional Terms
13.1 Regional Terms
You agree to the following modifications to these User Agreement if you are a citizen or habitual resident of the applicable country or region as described below.
13.2 United States
If you are a citizen or habitual resident of the United States, this Section 13.2 applies to your use of the Services and overrides any terms of these User Agreement that conflict with this Section 13.2 to the extent of such conflict, including Section 11.
(a) Informal Process First
You agree that in the event of any dispute between you and the NetEase Entities, you will first contact NetEase and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
(b) Arbitration Agreement and Class Action Waiver
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of NetEase's services and/or products, including the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and NetEase agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards (together, the "JAMS Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these User Agreement). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. You have a right to have the arbitration conducted via telephone, or as an in-person hearing in your hometown area (if you live in the United States) or another location that is reasonably convenient to you.
(c) Waiver of Class Actions and Class Arbitrations
You and NetEase agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party's claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and NetEase agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.
(d) Costs of Arbitration
Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, NetEase will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in these User Agreement by sending written notice of your decision to opt-out to firstname.lastname@example.org. The notice must be sent to NetEase within thirty (30) days of your registering to use the Services or agreeing to these User Agreement (or if this Section 13.2 is amended hereafter, within thirty (30) days of such amendment being effective), otherwise you shall be bound to arbitrate disputes in accordance with these User Agreement, and the notice must specify your name and mailing address. If you opt-out of these arbitration provisions, NetEase also will not be bound by them.
Notwithstanding anything in these User Agreement to the contrary, you may instead assert your Claim in "small claims" court, but only if your Claim qualifies, your Claim remains only in such court, and your Claim remains on an individual, non-representative and non-class basis. Further, you and NetEase will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, or if the Claim relates to intellectual property infringement or misappropriation.
(g) Governing Law and Venue
These User Agreement are governed by the laws of the State of New York, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in this Section 13.2, or if arbitration does not apply, then the state and federal courts located in Los Angeles county, California. You and NetEase agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these User Agreement.