Microfun User License and Service Agreement
Last update: November 20, 2020
Effective date: November 20, 2020
Welcome to apply to use Microfun services!
This Microfun User License and Service Agreement (hereinafter referred to as “this Agreement”) is entered into by and between you and the Mircrofun Game Service Provider, and this Agreement is legally binding. To safeguard your lawful rights and interests, please read this Agreement carefully and fully understand the contents of each clause hereof, in particular the clauses with respect to exemption or limitation of liabilities, and any separate agreement for activating or using some specific services. The clauses exempting or limiting liabilities are in bold to prompt you to the same.
You are deemed to have read and understood all contents of this Agreement and agree to comply with the terms of this Agreement once you click “Agree”, “Login”, or other buttons online, indicating your access to Microfun Game Service. Unless you have read and accepted each and all clauses of this Agreement, you will not be allowed to use Microfun Game Service.
If you are under the age of 18, please read this Agreement along with your legal guardian and pay special attention to the clauses regarding use by minors.
If there is any change to this Agreement, such change will be published on the homepage of Microfun’s website (http://www.microfun.cn). Any updated terms of service, once published on the website listed above, will constitute a valid substitute for the original ones, and users will not be notified separately of the same. If you do not agree to any changes made, please immediately stop using or voluntarily cancel related services; otherwise, if you login, view, or conduct other actions in relation to related services, it will be deemed as your understanding and acceptance of related updated terms of service. The developer and the user agree, understand, and comply with the following clauses. These clauses shall be applicable to not only Microfun Game Service but also to other related services involving similar or related circumstances provided by the developer, and they are legally binding.
Unless otherwise specifically stipulated, the following terms and phrases used in this Agreement shall have the same meaning:
1.1 “Agreement” refers to the text of this Agreement, Game Rules, and their revisions, which constitute an integral part of this Agreement after they are officially published.
1.2 “Game Rules” refers to Microfun Game's user codes, player regulations, game announcements, notifications, and other content, which are issued and revised by Microfun Game Service Provider from time to time.
1.3 “Microfun Game Service Provider” refers to Beijing Microfun Co., Ltd. (herein referred to as “Microfun”) or any of its affiliates, who provides you with Microfun Game and services.
1.4 “Microfun Game” refers to all the games operated by Microfun, including client-based PC games, web games, mobile games, and other types of games. Microfun Game may be provided in the form of other software, in which case Microfun Game also includes the related software and documents.
1.5 “Microfun Game Service” refers to all the online operation services related to the games provided by Microfun to you.
1.6 “You”, also referred to as “player” or “user”, refers to any natural person who is authorized to use Microfun products and services.
1.7 “Game Data” refers to all types of data generated during your use of Microfun Game and recorded on the servers, including but not limited to game logs, security logs, and other data.
1.8 “Illegal Top-up” refers to any top-up realized through any channel other than official payment channels on the official version of Microfun Game.
1.9 “Virtual Items” includes but not limited to virtual currency, game items, game equipment, game materials, etc. included in Microfun Game.
2. Statement on Intellectual Property Rights
2.1 Microfun owns all the intellectual property rights of Microfun Game. All copyrights, trademarks, patents, trade secrets, and other intellectual property rights of Microfun Game, as well as all information and contents related to Microfun Game (including texts, images, audios, videos, graphics, interface designs, layout frameworks, related data, or electronic documents, and so forth) are protected by the relevant laws, regulations, and international treaties. Microfun owns the aforesaid intellectual property rights, with the exception of the rights enjoyed by the relevant right owners, in accordance with law.
2.2 All intellectual property rights in relation to the Game Data arising from your use of Microfun Game Service are owned by Microfun, and Microfun has the right to handle such Game Data as appropriate.
2.3 Microfun hereby grants you a personal, non-transferrable, and non-exclusive license to use Microfun Game under this Agreement. You may upload, download, install, log in, and use the game on a single terminal device only for non-commercial purposes. Any forms of unauthorized installation, use, access, display, operation, or transfer will be deemed as a violation of this Agreement. Without prejudice to users' normal acceptance of services, the game developer has the right to decide whether to retain all or part of the data saved on the servers.
2.4 Microfun Game may involve third-party intellectual property rights, and if such third parties have requirements on your use of such intellectual property rights in Microfun Game based on this Agreement, Microfun will inform you of the said requirement in an appropriate manner, and you shall comply with such requirement as well.
3. Acquisition, Use, and Storage of Game Account
3.1 Acquisition of game account
3.1.1 If you want to use and enjoy Microfun Game, you must agree to all the clauses of this Agreement, and complete the registration procedures, including but not limited to correctly entering your basic data and information, in accordance with applicable laws and regulations, as well as requirements on the registration page. The user shall undertake to register using his/her true identity and ensure all data and information he/she provides is true, valid, and complete. The user shall assume legal liabilities for such information he/she provides under applicable laws, regulations, and this Agreement.
3.1.2 After successful registration, you will receive the corresponding account details and password, using which you can log into the game.
3.1.3 Microfun has the right to refuse to provide the related services or assume any obligations if you refuse to provide the corresponding data and information as required, or the data and information you provide fail to meet the requirements. If there is any change to any data or information you provide, you should promptly submit an update, and Microfun will immediately provide the related service. If you fail to have your valid identity certified due to your failure to promptly modify the updated account information in relation to the game, Microfun reserves the right to refuse to provide any information or assume any obligations.
3.1.4 You only have the right to use the game account created by you, and your game account is the property of Microfun.
3.1.5 You fully understand and agree that Microfun has the right to verify the authenticity and validity of the information provided by you during registration, and actively take reasonable technical and administrative measures to guarantee the security and validity of your game account. Microfun may, according to the relevant government requirements, use your real-name registration information in the anti-addiction system. In other words, Microfun may use the real-name registration information you have provided to verify whether you have reached the age of 18 and then Microfun can determine whether to impose the anti-addiction restrictions on your game account.
3.2 Use and storage of game account
3.2.1 You are obliged to take proper care of your account and password, and to use the game account and password in a safe manner. The game account you register under this Agreement shall only be used for your personal entertainment or consumption. You have rights and responsibilities for the behavior arising from the game account you hold after your login. You shall not share your game account with any third party, transfer, or gift to others your game account, or ask others to help you level up. You shall assume legal liabilities for any damage to your civil rights and those of others in case you lose your account or password or in case of account theft due to your failure to take proper care of your account and password.
3.2.2 You shall promptly notify Microfun once you are aware of the fact that your account or password has been illegally abused or stolen or that any abnormal circumstance has occurred, and you have the right to notify Microfun to take measures to discontinue the login and use of the game account.
3.2.3 Where Microfun takes measures to suspend the login and use of your user account upon receipt of your notice, Microfun has the right to request you to provide your valid personal identity information and has the right to verify if such information is consistent with your registered identity information. If the valid personal identity information you provide is consistent with the registered identity information through Microfun's verification, Mircofun shall take measures to suspend the login and use of the user account immediately. Where Microfun fails to take measures to suspend the login and use of the user account immediately after the information is verified to be consistent, Microfun shall assume the corresponding legal liabilities for any loss incurred by the user. If you fail to provide your valid personal identity information or the valid personal identity information you provide is inconsistent with your registered identity information, Microfun has the right to reject your request to log into and use the game account.
3.2.4 You fully understand and agree that in order to improve the security level of Microfun, Microfun has the right to apply relevant technologies or applications to Microfun Game. However, Microfun does not guarantee these security assurance measures can completely prevent the game account from being stolen by others or from getting lost.
3.2.5 You fully understand and agree that Microfun's restriction, freezing, or termination of the use of your game account in accordance with related business rules may result in the deletion of your game account and relevant information stored under the account, as well as loss of related rights and interests. You shall bear all such losses and Microfun assumes no liability for the same.
3.2.6 You fully understand and agree that Microfun can send product promotion, game service, or other related commercial information of Microfun or its partners to you via email, SMS, or other methods. If you wish to stop receiving push notifications from Microfun, you may contact Microfun through the contact information provided by Microfun on its website, to notify Microfun of your cancellation request, and Mircrofun will cancel the push notifications after verification by the developer.
3.2.7 You fully understand and agree that in order to effectively utilize server resources, if you have not used your game account to log into Microfun Game for a long time, Microfun has the right to delete or otherwise dispose of the game account and such game data and other information under the game account, if it deems necessary, subject to prior notice. The above disposal measures may result in deprivation of your related rights and interests. In this case, Microfun assumes no liability for such losses.
3.2.8 Where you provide Microfun with your valid personal identity information, which is consistent with the registered identity information, in order to safeguard your lawful rights and benefits, Microfun agrees to provide you with necessary support and assistance in accordance with the requirements of administrative and judicial authorities, such as certificate for account registrant and original registration information, and provide relevant evidence and information to such authorities if it is necessary.
4. Collection, Use, and Protection of User Information
4.1 You agree and authorize Microfun to collect your user information for the purposes of fulfilling this Agreement, including your information registered in the real-name registration system, Game Data under your game account, and other information you have provided during the use of Microfun Game Service and the information collected by Microfun for the sake of information security and user experience optimization, etc. Microfun will collect your user information pursuant to this Agreement and relevant laws and regulations.
4.3 Microfun will take reasonable measures to protect your personal privacy information. Unless otherwise specified herein, Microfun undertakes not to disclose or provide your personal information or any third party, except under any of the following circumstances:
4.3.1 Disclosure is made by Microfun with your or your legal guardian’s authorization.
4.3.2 Such information is made known to the public or provided in accordance with laws or regulations.
4.3.3 Such information is made known to the public or published at the request of any government authorities.
4.3.4 Microfun Game Service can be provided to you only by disclosing or providing your personal information to the public.
4.3.5 Microfun files a lawsuit or conducts arbitration proceedings against the user in order to safeguard its lawful rights and interests.
4.3.6 Your personal identity information is provided at the legal request of your guardian.
4.3.7 Such information is made known to the public or provided under other clauses hereof.
Please be careful not to disclose any type of your property account, bank card, credit card, corresponding password, or other important data during your use of Microfun Game Service; otherwise, you shall be liable for any loss arising therefrom.
5. Microfun Game Service
5.1 Subject to your compliance with this Agreement and relevant laws and regulations, Microfun hereby grants you a personal, non-transferable, and non-exclusive license to use Microfun Game Service. You shall use Microfun Game Service only for non-commercial purposes, including:
5.1.1 Receiving, downloading, installing, starting, upgrading, logging in, displaying, running and/or taking screenshots of Microfun Game.
5.1.2 Creating a game character, setting online name, viewing Game Rules, user profiles and game battle results, setting game parameters, using chatting function or social sharing function, purchasing, using, or gifting Virtual Item via legal channels in Microfun Game, etc.
5.1.3 Using one or several other functions supported and granted by Microfun Game.
5.2 During your use of Microfun Game Service, you shall not record or share with others the contents of Microfun Game in any way without obtaining the permission of Microfun, including but not limited to webcasting Microfun Game through any third-party software.
5.3 In the event that Microfun Game is provided in the form of software, you shall also comply with the provisions of this Agreement regarding software license when using Microfun Game Service.
5.4 All other rights that are not expressly authorized in this Clause 5 or other clauses of this Agreement are reserved by Microfun. You must obtain Microfun's additional written approval before exercising these rights.
5.5 If Microfun finds or receives any report or complaint from others against you of any violation of this Agreement, Microfun has the right to remove relevant contents at any time without notice, impose punishment on the game account involved in the violation depending on the circumstances of your conduct, including but not limited to warning, restriction, or prohibition of the use of all or part of the functions, ban or cancel the game account, and announce the results of such measures.
5.6 You fully understand and agree that Microfun has the right to reasonably judge the user’s violation of relevant laws and regulations or the provisions of this Agreement, punish and take appropriate legal actions against any user who violates laws and regulations, and store and report relevant information to relevant competent authorities in accordance with the laws and regulations. The user shall be solely liable for all the legal consequences arising therefrom.
5.7 You fully understand and agree that you shall be solely liable for any claims, demands, or losses claimed by any third party resulting from your violation of any provisions of this Agreement or other related terms of service; and you shall indemnify Microfun for any loss arising therefrom, if any.
5.8 You fully understand and agree that Virtual Items and other items are part of Microfun Game Service, and Microfun hereby grants you the right to use them under this Agreement. Your purchase and use of Virtual Items and other game items shall comply with the requirements of this Agreement and the specific rules concerning the game.In addition, Virtual Items and other game items may expire after a certain validity period even if you have never used them within the validity period. Except in the case of force majeure or any other reasons attributable to Microfun, Virtual Items and other game items will automatically expire at the end of the validity period.
5.9 You fully understand and agree that in order to create a fair and healthy gaming environment, during your use of Microfun Game Service, Microfun has the right to have access to the random-access memory (“RAM”) of your terminal device and other relevant programs running in parallel with Microfun Game through technical means. Upon discovery of any unauthorized or harmful program that hinders the normal operation of Microfun Game Service, Microfun will collect all the relevant information and take reasonable measures against such program.
5.10 You fully understand and agree that you shall, when using any paid function of Microfun Game, make the corresponding payments pursuant to the requirements of Microfun. Moreover, Microfun possesses the operation autonomy and reserves the right to change its business model at any time, i.e., change its charging rate criteria, functions of paid software and objects, time of payment, etc. At the same time, Microfun also reserves the right to upgrade, revise, add, delete, modify, and change its functions or change Game Rules. If you do not accept any such changes, you should immediately stop using the program. It is deemed that you have accepted the updated business model if you continue to use the program.
5.11 You fully understand and agree that to ensure the game’s speed for you and other users, Microfun has the right to transfer or clear, on a regular basis, some obsolete Game Data stored in Microfun’s game server.
5.12 You fully understand and agree that your use of Microfun Game Service involves internet service and may be affected by unstable factors in the different links of the internet service. Thus, this game service is subject to the risk of service interruption or failure to satisfy the user's requirements due to force majeure, viruses or hacker attacks, unstable system, the user's location, device shutdown by the user, or by any other technical, internet, or communication issues.
In view of the above, to the maximum extent permitted by applicable laws, Microfun does not guarantee that the game service it provides will definitely satisfy your requirements; that the game service provided will not be interrupted; that the game service provided is timely, safe or encounters no error; and that the information can be correctly, promptly, and smoothly transmitted.
5.13 You fully understand and agree that you shall, when using Microfun Game Service, bear the risks of encountering any threatening, defamatory, offensive, or illegal content or conduct from any other person or any anonymous or counterfeit information that constitutes infringement upon the rights, including intellectual property rights, of any other person. Microfun does not provide any type of guarantee, express or implied, including implicit guarantees and conditions on the authenticity, merchantability, suitability for a specific purpose, ownership, and non-infringement of the information. Microfun assumes no liability for any direct, indirect, incidental, special, or subsequent damages caused by your improper or illegal use of the service.
5.14 You fully understand and agree to the following:
5.14.1 Microfun may, from time to time, update the application by releasing software update packages or software patches or through online update, etc. Microfun may, during the update process, retrieve and collect your personal data about the game's software version on the client terminal, game data, and other relevant data, and automatically replace, modify, delete and/or supplement such data. Such action is a necessary operation or step for software update. If you do not agree to such operation by Microfun, please do not update the application. Your continual use shall be deemed as your consent to such operation by Microfun.
5.14.2 Some of the game updates may be software version updates. If you do not update it, you will not be able to log into the application. Additionally, any such kind of update may cause the original software version you have used on your terminal to be completely replaced by a new version.
5.14.3 Various risks may be involved in obtaining Virtual Items such as game coins, game items, game equipment, and so on from third parties. You are not allowed to obtain the above-mentioned Virtual Items from a third party. If you insist on obtaining such Virtual Items from a third party, you shall bear the corresponding risks. In this case, Microfun has the right to directly recover, delete, or otherwise dispose of such Virtual Items.
5.14.4 You may fail to continue to use any Virtual Item in your game account subject to a validity period due to the expiry of such validity period resulting from the measures taken by Microfun against your violation of this Agreement or any law or regulation. In such a case, you are liable for any losses you incur. The duration for the above measures taken by Microfun is included in the term of use in relation to the Virtual Item subject to a validity period. Upon termination of the implementation of such measures, such term of use in relation to the Virtual Item will not be extended accordingly.
5.15 Commercial advertisements or other advertisements for promotional purposes may be published on the Microfun Game. Such content is created by advertisers or goods or service providers, and Microfun only provides a medium for publishing such content. With respect to goods or services you purchase through the Microfun website or its linked websites, the transactions are only conducted between you and the goods or service providers and are not related to Microfun. Microfun assumes no legal liability for the transaction conducted between you and any of the goods or service providers.
5.16 Microfun may provide you with customer services such as descriptions of Game Rules, bug or plug-in complaints, retrieval of game items, locking or unlocking of game items, account complaints, via the application’s website, customer service hotline, game administrator, or other channels. You shall:
5.16.1 Learn about the contents, requirements, and charges in relation to these customer services via the Microfun website or other channels provided by Microfun, carefully choose whether to enjoy the corresponding customer services, and express your needs to Microfun in a true and accurate manner.
5.16.2 Agree and accept the special agreements or terms of Microfun regarding such customer services.
5.16.3 Provide, at the request of Microfun, your real personal information, including your valid identity information and game information, as well as the information of other users or web games you are aware of, for example, your account and personal data under such account, login of web games and game item status, bugs and plug-ins in the application, as well as the use of bugs or plugs-in by other players you are aware of.
5.17 If any of the following circumstances occurs, Microfun has the right to stop or suspend the service provided by the game server. Microfun will not be liable to the user or any third party for any inconvenience or damage so caused:
5.17.1 Regular inspections, development or software and hardware updates, in which case, Microfun has the right to suspend the service, but will complete maintenance and update as soon as possible.
5.17.2 The server is unable to work normally as it is damaged.
5.17.3 Unexpected failure of any software, hardware, or electronic communication device.
5.17.4 Fault with the network provider's line or any other fault.
5.17.5 For the sake of maintaining national security or personal security of other users and third parties in case of an emergency.
5.17.6 Occurrence of force majeure events and other reasons attributable to third parties.
5.18 In accordance with relevant laws and regulations and this Agreement, Microfun will take effective measures to protect the legitimate rights and interests of minors during their use of Microfun Game Service, including taking possible technical measures to prohibit minors from engaging in inappropriate games or game functions, to limit minors’ gaming time, and to prevent minors from internet addiction. As part of the Game Rules, Microfun will also publish Microfun Game User Guidelines and warning instructions in a proper place, including the game content introductions, proper ways to use the game, and ways to prevent harm. All minors should read and follow these guidelines and instructions carefully under the guidance of their legal guardians. Other players should avoid publishing or generating any content that may harm the physical or mental health of minors during the use of Microfun Game Service, so as to create a healthy gaming environment.
6. Users’ Code of Conduct
6.1 You fully understand and agree that you shall be responsible for all your actions undertaken in the use of your game account, including any content you post and the consequences arising therefrom. You should make your own judgment on the contents of Microfun Game, and bear all risks arising from the use of Microfun Game Service, including but not limited to those resulting from reliance on the correctness, integrity, or practicability of the contents of Microfun Game. Microfun Game cannot and will not be liable for any losses or damages incurred due to the above-mentioned risks.
6.2 Aside from using Microfun Game Service pursuant to this Agreement, you shall not engage in any activity that infringes the intellectual property rights of Microfun Game or engage in any activity that is harmful to the legitimate interests of Microfun or any other third parties.
6.3 Unless permitted by laws or with the written consent of Microfun, when using Microfun Game Service, you shall not engage in any of the following behavior including but not limited to:
6.3.1 Delete the copyright information and content of the Game or its copies.
6.3.2 Reverse engineer, reverse assemble, reverse compile the game software, or make any other attempt to obtain the software source code and other confidential content.
6.3.3 Scan, explore and test the game software in order to detect, discover, and identify possible bugs or vulnerability therein.
6.3.4 Copy, modify, add, delete, mount, or create any derivative work from the game software or the data transferred to the RAM of any terminal device when the software is being used, or the interactive data between the client terminal and the server terminal when the software is being used, or the system data necessary to run the software, in such ways including but not limited to using any plug-in, cheating tool, or unauthorized third-party tool/service to access the software or any related system.
6.3.5 Modify or forge any instructions and data when the software is being used, add, delete, or change the function or operation result of the software, or operate and propagate the relevant software or method that can be used to achieve the above-mentioned function, irrespective of whether the above actions are conducted for commercial purposes.
6.3.6 Use Microfun Game and Microfun Game Service through any third-party software, plug-in, cheating tool, or system that is neither developed nor authorized by Microfun, or create, publish, and propagate any third-party software, plug-in, cheating tool, and system that is not developed nor authorized by Microfun.
6.3.7 Use, lease, lend, copy, modify, link, forward, assemble, publish, issue, or establish any mirror site for the content in the game whose intellectual property rights are owned by Microfun, establish any mirror site related to Microfun Game, or take snapshot of the relevant webpage (web site), or setup servers to provide any service identical or similar to Microfun Game Service.
6.3.8 Isolate any part of Microfun Game from its main body to use it independently or use Microfun Game in other ways that breaches the provisions of this Agreement.
6.3.9 Use, modify, or cover the name, trademark, or any other intellectual property right of Microfun Game.
6.3.10 Any other behavior not expressly authorized by Microfun.
6.4 If you engage in any of the following behavior when using Microfun Game Service, Microfun will, depending on the severity of the circumstances, temporarily or permanently prohibit you from logging in, delete your game account and Game Data, delete related information, or take other punitive measures against you under this Agreement and related Game Rules. In case of any serious issue, you may be transferred to the competent administrative authorities for administrative punishment, or your criminal liability will be ascertained and pursued:
6.4.1 Use Microfun Game or Microfun Game Service to publish, transmit, disseminate, or store any content that undermines the security or unity of the state or social stability, insults or defames others, advocates pornography or violence, causes unrest, harms social morality, or goes against any national laws, regulations, or policies, or set up any nickname or role name containing such content.
6.4.2 Use Microfun Game or Microfun Game Service to publish, transmit, disseminate, or store any content that infringes any intellectual property right, trade secret right, portrait right, privacy, or any other legal right of any third party.
6.4.3 Engage in any behavior that endangers network security, including but not limited to the following: using unauthorized data or accessing any unauthorized server/account; having access to any public network or any terminal system of any other person and deleting, modifying, or increasing the stored information without permission; making an authorized attempt to explore, scan, and test the vulnerability of this software system or network; or engaging in any other conduct that endangers network security, attempting to interfere with or disrupt the normal operation of this software system or website, deliberately spreading malicious programs or viruses, and other acts that disrupt and interfere with normal network information service; forging the name or partial name of any data package.
6.4.4 Engage in any conduct that compromises the fairness of Microfun Game or other conduct that affects the normal order of the game, such as actively or passively stealing scores, co-cheating, using plugs-ins or other cheating software and exploiting bugs (also known as “vulnerability” or “flaws”), for unfair, illegal benefits, or making plugs-ins, cheating software and bugs known to the public through the internet or by other means.
6.4.5 Use Microfun Game to engage in any commercial activities such as advertising, selling products, or any illegal commercial activity that infringes upon the interests of Microfun, such as selling game accounts, Virtual Items or information in the game, illegal top-up, hiring others to provide services in the game and remunerate them outside the game, such as “payment” and “leveling up” for profits, trading “virtual vouchers”, or providing intermediary service and advertising for profits. If Microfun detects any of the above behavior, Microfun has the right to discontinue the user account and to determine the duration of the discontinuation depending on the severity of fault. Microfun also has the right to recover and delete all data you have obtained through illegal means.
6.4.6 Post any fraudulent or false information by pretending to be Microfun, the game service administrator, the game forum administrator, or the moderator.
6.4.7 Various illegal plug-in related behavior.
6.4.8 Steal game accounts and game items from other users.
6.4.9 Privately trade game accounts, privately trade game items, game equipment and game coins, etc.
Exploit possible technical flaws or vulnerabilities that exists in the online game system to earn profits for themselves and for others in various forms.
6.4.10 Utilize all or part of the data and information generated in the process of using the game provided by Microfun, either for a fee or for free, to earn profits themselves and for others.
6.4.11 Publicize contents such as plug-ins, private servers, asking others for leveling up, stealing coins, Trojan horses, or publicizing Microfun negatively.
6.4.12 Use the products and services provided by Microfun without authorization for generating real profits or engage in any other misconduct that is widely recognized in the industry, regardless of whether it has been explicitly listed in this Agreement or not.
6.5 Without the consent of Microfun, you shall not engage in any of the following behavior; if you wish to engage in any of the following, please contact Microfun to obtain its consent and sign an electronic or written contract with Microfun at its request:
6.5.1 Modify, copy, distribute, rent, publish, translate, assemble, adapt, and/or reproduce the game or its derivative works, or make it known to the public via the internet or by any other means.
6.5.2 Produce, create, sell (wholesale or retail), publish, and/or distribute adapted derivative products of the game.
6.5.3 Provide services, such as testing, bug and plug-in tracking reports, conduct soft advertising and promotion, collect competitive intelligence, for the game.
6.5.4 Use the name and trademark of the game.
6.5.5 Engage in any other behavior related to game service that requires consent of the developer other than the behavior listed above.
6.6 If the user violates this Agreement or any relevant law or regulation, Microfun has the right to take one or multiple measures below:
6.6.1 Immediately disconnect the network connection between the terminal you are currently using and the application server, wherein, you must log in again before continuing to use the application.
6.6.2 Temporarily prohibit you from logging into the online game with your current account.
6.6.3 Temporarily prohibit you from using a specific function that requires payment in the application till the date when you pay off the due fees and make an advance payment to continue to use the above-mentioned paid function.
6.6.4 Reduce or clear the points, level, and/or honor of the account you are currently using in the application.
6.6.5 Temporarily prohibit you from delivering any remarks in the online game with the account you are currently using.
6.6.6 Permanently and irrevocably delete the advertisements, false information, or illegal remarks you have published, or take other measures to prevent their dissemination.
6.6.7 Permanently and irrevocably delete the virtual currency, game items and/or game equipment, and other items you have obtained illegally, or return such items to other users who have obtained the right to use the items by legal means.
6.6.8 Permanently and irrevocably cancel or clear the credits, level and/or honor you have obtained by illegal means.
6.6.9 Permanently and irrevocably prohibit you from delivering any remarks in the application with the account you are currently using.
6.6.10 Permanently and irrevocably delete all game items, game equipment, game coins, points, level, honor, other items, and corresponding game data under the account you are currently using.
6.6.11 Permanently and irrevocably prohibit you from logging into the application with the account you are currently using, delete and clear all data, game coins, game items, game equipment, and other information generated by the account in the application.
6.6.12 Other measures.
Microfun may take one or more of the above-mentioned measures continuously, intermittently, or alternately.
Where any account or role of the same user violates this Agreement and other relevant provisions, Microfun has the right to impose sanctions against all accounts and roles of such user, including but not limited to discontinuation, termination, and deletion of all accounts of the user.
7. Software License
7.1 You may need to download and install relevant software to use Microfun Game Service, and you may obtain the software directly from Microfun’s related websites or from third parties authorized by Microfun. If you obtain Microfun Game or a game with the same name as Microfun’s game from any third party not authorized by Microfun, it will be deemed that you have not obtained the license from Microfun, and Microfun will neither guarantee the normal use of the game, nor compensate you for any damage caused thereby.
7.2 Microfun may develop different versions of software for different terminal devices or operating systems, including but not limited to different versions for iOS, Android, etc. You may choose to download the appropriate version for installation based on actual conditions, and after downloading the installation program, you should install the program by correctly following the instructions provided in the program.
7.3 If Microfun Game is provided in the form of software, Microfun will grant you a personal, non-transferable and non-exclusive license to use the software. You may download, install, log in, and use the Microfun Game software on a single terminal device for non-commercial purposes only.
7.4 To provide safe game services, Microfun may recommend you to install other software during the game software installation process; you may choose whether to install such software or not.
7.5 If you no longer need to use the software or to install a new version, you can uninstall such software on your own. If you are willing to help Microfun improve its product and service, please inform Microfun of your reason for un-installation.
7.6 To ensure the security and functional consistency of Microfun Game Service, Microfun has the right to update the software and to change or limit certain functional effects of the software without giving you an additional notice.
7.7 After a new version of the software is released, the older versions may become unusable. Microfun cannot guarantee the continuous usability and the relevant client services of the older version software; please check and download the latest version regularly.
8. Game Testing
8.1 Microfun may provide you with test versions, documents, etc. of the game (hereinafter collectively referred to as “test game”). The use of the test game remains bound by this Agreement, unless otherwise specified in this Clause 8. You shall be responsible for the test game you have obtained, including but not limited to taking reasonable measures to prevent others from using the test game without the consent of Microfun.
8.2 Due to the particularity of the test game, you should, before installing or using the test game, understand that there may be hardware incompatibility issues, game crash, game data loss, game service interruption, or any other hardware or software fault, for which Microfun assumes no responsibility. If you find any problems or have any suggestions, you are welcome to contact Microfun via the contact methods listed on Microfun’s website. Microfun may refer to the opinions and suggestions, and take relevant measures to improve the test game.
8.3 If you opt to install or use the test game, it is deemed that you accept the provisions regarding game testing in this Clause 8, as well as test announcements, test server instructions and relevant details announced by Microfun when the test is initiated.
8.4 Microfun may terminate or announce the termination of the development and operation of the test game at any time (hereinafter referred to as “termination of testing”). When Microfun terminates the testing, you shall, at the request of Microfun, delete all data of the test game upon the termination of testing by Microfun. You agree and accept that the termination of testing does not constitute a reason for any refund, including but not limited to the purchased test game, game items purchased in the test game, or the purchased time limit for using the test game.
8.5 Microfun has the right to decide whether to change the test server to the official version and provide you with services under other terms as agreed in this Agreement. You may play the game and accept services under the relevant terms of this Agreement. During the change process, Microfun has the right to decide:
1) Transition time and rules for the change.
2) If server data is compatible or can be utilized by the official server data.
3) All other problems that may be encountered during the change.
For the above details, please refer to the announcements made by Microfun or in the game.
9.1 Microfun Game Service is provided to you as it is. Microfun does not guarantee that Microfun Game Service is error-free and uninterrupted, that all flaws have been corrected, or that Microfun Game Service will not be damaged by viruses or any other factors. Unless otherwise explicitly specified by law, Microfun hereby disclaims any guarantee liability, express or implied, including but not limited to the guarantee on the performance, applicability, or non-infringement of Microfun Game Service.
9.2 In no event shall Microfun be liable for any damage incurred by you as a result of force majeure during the use of Microfun Game Service. Such force majeure events include but are not limited to laws, regulations, policies of the state, orders from state organizations, other governmental acts, or other unforeseeable, unavoidable, and insurmountable events, including but not limited to earthquakes, floods, snowstorms, fires, tsunamis, typhoons, strikes, wars, etc.
9.3 Microfun may, based on the data or information it is aware of or possesses, independently decide to change, terminate, or discontinue your use of any Microfun Game Service without any prior notice, unless a prior notice is required under relevant laws, regulations, or this Agreement. If you violate the laws, regulations, or this Agreement, Microfun will, in accordance with the relevant provisions, terminate or discontinue your use of any Microfun Game Service, for which Microfun will assume no responsibility. In this case, Microfun has the right to request you to assume the corresponding liabilities.
9.4 Microfun Game may encounter game software bugs, version update flaws, third-party virus attacks, or any other factors, which may lead to the data abnormality of game characters, game items, game equipment, game currency, and other game account data. Microfun has the right to temporarily freeze the game account before the cause of the abnormality is identified. If the Game Data abnormality is identified to be caused by any abnormal game behavior, Microfun has the right to restore the Game Data of the game account to the original status before the abnormality occurred (including recovering the transferred data from a third party), under which circumstance Microfun will not be liable for any consequences arising therefrom.
9.5 Microfun does not grant you the right to obtain game accounts, game items, game equipment, game currency, and other game services from any third-party by purchasing, accepting gifts, or by other means. Microfun is not responsible for any third-party transaction and will not accept any complaint arising from the disputes of third-party transactions.
9.6 You fully understand that the advertisements or any other forms of promotional content placed by third parties in Microfun Game are provided by the said third parties, and you should judge the authenticity of the information on your own. Microfun provides no guarantee, either express or implied, on such promotional content.
9.7 You fully understand that there exist objective incompatibilities in different operating systems, and that such objective incompatibilities cannot be attributed to Microfun, thus your top-up fees and game data in one operating system might not be smoothly transferred to another operating system. You shall be liable for the loss of your top-up fees or game data caused by your switching to a different operating system.
9.8 You fully understand that there may be mandatory battle zones or battle gameplay in Microfun Game. If you do not agree to be assigned to such mandatory battle, please do not enter these games or battle zones; your entry in such battle games or zones will be deemed as an agreement to the battle gameplay and acceptance of the consequences.
It is a basic principle of Microfun to respect and protect personal privacy information of users. Microfun will take reasonable measures to protect personal privacy information of users. Unless otherwise specified herein, Microfun Game Service will follow all relevant privacy policies announced by Microfun.
11. Compliance with Laws and Regulations
11.1 During your use of Microfun Game Service, you shall abide by local laws and regulations and observe local rules and customs. If your conduct is in violation of local laws, regulations, or moral customs, you shall be solely liable for the consequences arising therefrom.
11.2 You should not involve Microfun in political and public incidents during your use of Microfun Game Service. Otherwise, Microfun has the right to suspend or terminate the provision of services to you.
12. Jurisdiction and Applicable Laws
12.1 In the event of any dispute or controversy between you and Microfun, both parties shall, in the first place, use best efforts to settle such dispute or controversy through amicable negotiation. You agree that any dispute or controversy that cannot be settled through negotiation shall be submitted and finally resolved by the court with jurisdiction over such dispute or controversy at the place where this Agreement is entered into.
12.2 The headings of all clauses in this Agreement are established merely for the ease of comprehension, and do not carry any substantive meanings and shall not be used as references for the interpretation of this Agreement.
12.3 If any clause of this Agreement is deemed invalid for any reason, the remaining clauses shall survive and remain binding on both parties.
13.1 Microfun hereby reminds you to avoid using inappropriate games, refuse to use pirated games, pay attention to self-protection, stay vigilant about fraud, play games moderately to relax your mind, and refrain from addiction to games.
13.2 If you have any comments or suggestions on this Agreement or Microfun Game Service, please contact Microfun’s Customer Service Department, and we will provide you with necessary assistance.