User Service Agreement
The User Service Agreement (hereinafter referred to as the "Agreement") is made and entered into between you (hereinafter referred to as "you/your" or the "user") and YUNCHANG TECHNOLOGY (HONG KONG) LIMITED Limited and its affiliates (hereinafter referred to as "Nebulajoy") regarding the download, installation and use of game packages and corresponding game services (hereinafter referred to as the "Game Services") provided independently by Nebulajoy on its website or through any third party channel partners approved by Nebulajoy.
Please read carefully and make sure that you understand all the rights and restrictions stipulated in the Agreement, especially the clauses exempting or restricting the responsibilities of Nebulajoy (hereinafter referred to as the " Disclaimer "), the clauses restricting the rights of the user (hereinafter referred to as the "Restriction Clauses"), and the clauses agreeing on dispute resolution and jurisdiction. If you do not agree to any of the provisions of the Agreement, you may not register, download, install, or use the Game Software, or use the Game Services provided by Nebulajoy. If the user is under the Legal Age (as defined in paragraph 2 of Article I), he/she must read the Agreement accompanied by a guardian, and can only use the Game Services provided by Nebulajoy after obtaining the guardian's consent to the user's use of the Game Services provided by Nebulajoy, the payment of fees, and all the provisions of the Agreement. Once you click "Accept" (or other words with the same meaning, such as "Agree", etc.), register your account on Nebulajoy Network Platform, install Nebulajoy Software, start and/or continue using Nebulajoy Game Services, you are deemed to have agreed and accepted all the terms and conditions of the Agreement. You may not thereafter assert any form of defense for failure to read/agree to the contents of the Agreement or similar grounds.
Account Registration, Use and Maintenance
1. To use the Game Services, you need to create a game account. You agree to provide true, accurate, current and complete information as required for registration and to maintain and update such information in a timely manner. You are responsible for the legality of the text used in your game account and the profile pictures uploaded. If the content of the game account violates the applicable laws and regulations, we reserve the right to immediately ban the user ID, temporarily or permanently, and delete or disable access to the problematic images or texts.
2. To use our services, you must be at least 13 years old and meet the Legal Age for entering into a contract under the laws of your place of residence (hereinafter referred to as the "Legal Age"). If you are under the Legal Age, we require that you must notify your parents or other legal guardians to review these provisions with you to ensure that they have read and agree to these provisions. By creating an account to use the Game Services, you represent and promise that you are of Legal Age and agree to these provisions, or that you are under the age of 13 and that your parents or other legal guardian has read and agreed to these provisions. You acknowledge that we are relying on your commitment to age to allow you to use the Game Services.
3. Whether you register for an account on the Nebulajoy website or through any third-party channel partner to log in and use the Game Services, you are responsible for keeping your account and password secure, and you are solely responsible for all activities and events that occur in your account. If your account and password are out of your control due to your negligence, you will be fully responsible for any and all the damages caused to you, Nebulajoy or any third party as a result.
4. The game account is an identifier that Nebulajoy authorizes you to use to log in and use games and related services of Nebulajoy in accordance with the Agreement. Unless otherwise provided by applicable law, the game character account created by you in the games shall be the property of Nebulajoy. The user shall not transfer, lend or give to others the use of his/her game account or character account in any form out of the his/her control, nor shall he/she use such account(s) commercially without permission, including but not limited to live streaming, recording, and playing for others. Otherwise, any legal consequences and responsibilities shall be borne solely by you, and Nebulajoy reserves the right to take measures on your game account, which may include but is not limited to warning, restricting or prohibiting the use of all or part of the game account functions, deleting the game account and game data and any other related information, blocking even cancelling the account(s), and all consequences caused thereby shall be borne by you. If you learn that your account is illegally used by others or there are abnormalities in the use of your account, you should immediately notify Nebulajoy.
Nebulajoy is not responsible for any loss suffered by the user or any other third party caused by hacking or the user's private disclosure, sharing, trading of accounts or other account mismanagement, and Nebulajoy has no obligation to retrieve your account under such circumstances.
If Nebulajoy suspend the use of the account upon request of the user, Nebulajoy reserves the right to ask you to provide proof of control of the account. You are solely responsible for any losses caused to you and other users as a result of actions taken by Nebulajoy in response to your request. The user should actively cooperate to provide the required information to Nebulajoy, otherwise Nebulajoy has the right not to deal with your request.
According to the logging statistics log of Nebulajoy, if the user has not logged into the game for183 consecutive days, Nebulajoy reserves the right to delete the user's game character account and any records of the user's account in the game database (including but not limited to character, level, virtual goods, value-added service tokens and other data) from 24:00 on the 183rd day. Data cannot be recovered once it has been deleted. If you have any questions about this operation, please contact Nebulajoy in time.
You are responsible for all actions under your registered accounts, and Nebulajoy shall not be liable for any loss or damage suffered by yourself or any other third party as a result thereof.
Rights and Obligations
1. Nebulajoy agrees to provide the user with a personal, non-transferable and non-exclusive license to use the Game Services of Nebulajoy through the Internet in accordance with the Agreement, and the user may only use the Game Services of Nebulajoy for non-commercial purposes.
5. You agree that Nebulajoy may send you information about the services of Nebulajoy to the email address or other contact information you provide.
6. You may not record, live stream, or transmit to others the content of the game in any way without the permission of Nebulajoy, including but not limited to not using any third party software for live streaming, transmission, etc.
7. During your use of the virtual currency of the game of Nebulajoy, you have the right to request assistance from Nebulajoy to retrieve the top-up records and transfer records of the virtual currency of the game, and Nebulajoy will require the user to provide the identity of the controller of the game account. If the user fails to provide, Nebulajoy reserves the right to refuse the user's aforementioned request.
8. You fully understand and agree that game equipment, game currency and other game props are part of the Game Services of Nebulajoy and Nebulajoy hereby grants you the right to use the above items in accordance with the Agreement. Your purchase and use of the game equipment, game currency and other game props shall comply with the requirements of the Agreement and the specific rules of the game; and the game equipment, game currency and other game props may be subject to certain expiration dates, even if you do not use them within the specified expiration date, they will expire automatically once the expiration date expires, except for force majeure or reasons attributable to Nebulajoy.
9. You fully understand and agree that in order to better provide the Game Services to you, Nebulajoy has the right to adjust, update or optimize the game related contents (including but not limited to the design, performance and related value settings of game characters, game equipment and other game props, etc.).
10. You shall provide your own equipment for internet access, including but not limited to mobile smart devices (including but not limited to cellphones, tablets), computers, wireless routers or other necessary internet devices.
11. You are responsible for paying for the telecommunication fees and network usage fees related to the service.
12. Nebulajoy may have mandatory matchmaking areas or play styles in its games. If you do not agree to mandatory matchmaking, please do not enter the game or play area; if you enter, you will be deemed to have agreed to the play and accepted the consequences accordingly.
13. If Nebulajoy decides in its sole discretion to terminate the operation of its games or if Nebulajoy' games are terminated for any other reasons, Nebulajoy will inform you in advance of the termination of the operation of the games thus to protect your legal rights and interests.
1. The user is solely responsible for the content of the information posted by him/her. In particular, the user is not allowed to:
spread rumors, disturb public order and violate public order and morality;
disseminate obscenity, pornography, gambling, violence, murder, terror or abet crime;
insult or defame others and infringe upon the legitimate rights and interests of others;
promote or abet the use of plug-ins, private server and Trojan horse related content;
post any home page address or link to any software, file, etc. that Nebulajoy reasonably determines to be inappropriate or not approved by Nebulajoy;
illegally buy or sell virtual items or accounts of games;
disseminate or spread false information to other players in the game, through various means and actions impersonating the system;
post spam, or disseminate in large quantities the same, similar phrases or words or actions without substantial content, or any information that is not related to the game that you are playing (including but not limited to brushing screen, etc.), or post or disseminate any information that is derogatory, defamatory, malicious to the game that you are playing or Nebulajoy or any other inaccurate information;
disseminate or spread the information of game leveling in the game through various ways and behaviors;
post content that contains personal information or privacy without authorization;
post content that contains any other content prohibited by Nebulajoy or the laws and regulations of your jurisdiction.
14. The user shall not use the Game Software, the Game Services of Nebulajoy or participate in activities of Nebulajoy through improper means or other unfair means.
The user shall not create, publish, disseminate, or use any form of auxiliary tools or programs (including but not limited to "plug-ins", which are independent of the Game Software and can affect the operation of the game while the game is running, including but not limited to simulating user operation, changing the operating environment, modifying data and all other types).
The user shall not (a) exploit the loopholes and errors of the program to disrupt the normal operation of the game or spread such loopholes or errors; (b) unreasonably interfere with or obstruct others from using the software and services provided by Nebulajoy; (c) use Nebulajoy' software through abnormal or illegal ways (including but not limited to using the Game Software of Nebulajoy to log in to the game private server); (d) use abnormal or illegal methods to log in to the game (including but not limited to using any third-party software or system without permission of Nebulajoy to log in the game or steal game accounts of others to log in the game); (e) modify, translate, annotate, organize, compile, interpret the Game Software of Nebulajoy; (f) exploit the technical defects or loopholes that may exist in the software or online game system to make profit for himself/herself or for others in various forms (including but not limited to copy game virtual goods, steal virtual currency and items, etc.) or engage in any other improper acts, etc.
The user agrees that Nebulajoy will use the monitoring data in the game program as a basis for determining whether the user has cheated in the game through the use of plug-ins or otherwise interfered with the normal operation of the Game Software of Nebulajoy, etc.
To effectively curb the possible use of exploits or plug-ins by the user, Nebulajoy may take down time for maintenance or backfile measures. The user may have no access to log in to certain game servers and/or certain game areas during downtime for maintenance; in the case of backfile, Nebulajoy has the right to restore abnormal game account data to the original state before the abnormality occurred. In this regard, the user fully acknowledges that Nebulajoy has the right to take the necessary measures at its own discretion and that the user is willing to bear the corresponding losses without any compensation from Nebulajoy.
15. The user shall not conduct illegal transactions of game virtual goods and game accounts, and shall not top-up through non-official approved top-up channels.
The user shall not carry out related illegal transaction behaviors in the game through consignment, transaction, etc., shall not buy or sell game accounts or other game virtual goods offline, shall not directly or indirectly disrupt the game order through false promises, fictitious facts, concealing the truth, intentionally misleading, impersonating others, intentionally confusing, etc., or cheat game virtual goods or game accounts from others or the game system or obtain/use game virtual goods or game accounts illegally obtained by others.
The user shall not tamper with the top-up method of Nebulajoy by itself, shall not top-up or conduct other related transaction behaviors (including but not limited to the user's top-up or in-game virtual item purchase through a third party) in any top-up platform or other transaction platform not approved by Nebulajoy in advance, Nebulajoy will crack down and punish the aforementioned acts, and Nebulajoy will judge whether you have agency top-up behavior according to the ratio between the amount of your top-up and the amount of virtual goods or game currency you actually get. If, except for the platform and game activities, the ratio between the amount of your top-up and the virtual goods or game currency you actually get, is inconsistent with the official exchange ratio, your top-up will be judged to be "toped-up" by a third party, and the fourth measure under this Article will be taken against your account. Nebulajoy will not be responsible for any virtual goods which are not actually got by the account due to user not using the officially licensed top-up methods (in-game top-up and official website top-up) to top-up.
16. If the user violates the requirements of this "User Code", Nebulajoy has the right to take various measures depending on the specific situation, including but not limited to one or several of the following: warning, deducting values, freezing or recalling game virtual goods, temporarily freezing gameplay, permanently freezing gameplay, forcing offline, blocking accounts, deleting files and taking other technical measures to prevent user from engaging in such behavior. If the circumstances are serious, Nebulajoy reserves the right to hold the user legally responsible, and if the user causes loss to Nebulajoy or any third party, Nebulajoy reserves the right to hold the user legally responsible.
17. In addition to the above circumstances of this Article, if the user has other circumstances that violate the provisions of the Agreement, do not comply with laws and regulations, social morality or game rules, according to the circumstances, the user may be subject to the following penalties: warning, banning from posting, temporarily freezing gameplay, permanently freezing gameplay, temporarily banning from logging in, permanently banning from logging in, forced offline, account suspension, deleting files, and assuming compensation for damages.
1. Nebulajoy has the right to decide the charging standard and charging method for the products and services provided by Nebulajoy. Nebulajoy may set different charging standard and charging method for different products and services, and may determine different charging standard and charging method according to the different stages of the products and services provided by Nebulajoy. The change or adjustment of charging items or charging standard is a normal business practice, and Nebulajoy may modify the charging policy of Nebulajoy from time to time, and you shall not ask Nebulajoy to indemnify or compensate for the change or adjustment of charging items or charging standard. Before the corresponding modification takes effect, Nebulajoy will place the charging information about the products and services, and the charging standard, charging method, purchasing methods or other information about the charging policy related to the products and services in a prominent position on the relevant web pages of the products and services, and Nebulajoy has the right not to notify the user individually. If the user does not stop using the products or services of Nebulajoy after the revised charging standard or charging method takes effect, the user is deemed to accept the adjusted charging standard and charging method.
18. The provision of the Game Services to the user by Nebulajoy is a business practice, for the charging products and services of Nebulajoy, the user has the right to decide whether to pay the corresponding fees according to the charging items (including but not limited to the purchase of the right to use the virtual props in the game and receiving other value-added services) and the charging items standards determined by Nebulajoy in order to obtain the corresponding Game Services. If the user refuses to pay such fees, it will not be able to use the relevant products and services. If the user does not purchase products and services from Nebulajoy in accordance with the charging policy established by Nebulajoy or through a transaction platform approved by Nebulajoy, Nebulajoy may refuse or immediately stop providing such products and services to the user.
19. If user use legal currency to top up, and purchase or exchange game virtual currency, virtual props and other virtual goods or value-added services, you are deemed to have purchased the Game Services, and the game virtual currency, virtual props and other virtual goods or value-added services you have purchased or exchanged cannot be returned or exchanged to legal currency, except as otherwise mandatorily provided by law.
Change, Interruption or Termination of the Service
1. In view of the particularity of the network services, the user agrees that Nebulajoy has the right of self-decision to change, interrupt or terminate part or all of the network services at any time according to the development of its business, except otherwise agreed by Both Parties. If Nebulajoy decides to terminate or partially terminate to provide the Game Services, it will make an announcement in advance. No matter for what reason the service of Nebulajoy is terminated, the user shall take corresponding measures to deal with the virtual goods of the game, including but not limited to the cancellation or stop using the user account, virtual goods of the game and other related matters. The user shall not require Nebulajoy to bear any form of compensation or indemnity liability due to the complete termination of the Game Services, except for the game virtual currency that the user has purchased but has not yet used, including but not limited to the compensation required due to the inability to continue to use the user account, game virtual goods, etc.
20. The user understands that Nebulajoy needs to regularly or irregularly repair or maintain the platform (such as Internet website, mobile network, etc.) that provides network service or related equipment. If the network service is interrupted within a reasonable period of time due to such circumstances, Nebulajoy does not need to bear any responsibility for this, but Nebulajoy shall notify in advance as far as possible.
21. In case of any of the following circumstances, Nebulajoy shall have the right to immediately interrupt or terminate the network services (including paid network services) provided to the user hereunder without any liability to the user or any third party:
The user violates the provisions of Article III User Code;
Nebulajoy considers that the user account has abnormal or other high risks;
The user infringes upon the legitimate rights and interests of Nebulajoy or its partners or other users.
Intellectual Property Rights and Other Property Ownership Rights
1. Any text, pictures, graphics, audio and/or video materials, software codes, etc. contained in the services provided by Nebulajoy hereunder shall be protected by the laws related to copyright, trademark and/or other property ownership. Without the consent of the relevant obligees, the above materials shall not be used for any commercial purpose.
22. Nebulajoy owns all the content related to the products and services provided, including but not limited to the copyright, patent right, trademark right, other intellectual property rights, ownership or other rights (including property rights and spiritual rights) of fine arts, music, software code, information, materials, technology, etc., or has been authorized by the relevant obligees. Without legal authorization obtained from Nebulajoy or the relevant obligees in advance, the user shall not modify, plagiarize, copy, spread, transmit, display, publish, authorize, produce derivative works or sell any of the foregoing contents (including but not limited to fine arts, music, software code, technical information, materials, etc.), except the reasonable use permitted by the laws and regulations (e.g. for personal study, research or enjoyment). If the user fails to comply with the above provisions of this Article, to the maximum extent permitted by law and without prejudice to the rights of other relevant parties, Nebulajoy may immediately terminate to provide products and services to the user, and the user must destroy any of the above-mentioned services or product contents that have been obtained.
23. Nebulajoy respects the intellectual property rights of others. If your legal intellectual property rights of relevant words and pictures are infringed by any third party in this Game Services, please send a written notice to Nebulajoy in time and provide corresponding evidence. Nebulajoy will deal with the words and pictures suspected of intellectual property rights infringement in accordance with the current laws and service rules. At the same time, you agree to compensate Nebulajoy for the third party's claim against Nebulajoy due to the notice you submitted, including but not limited to all reasonable expenses incurred by Nebulajoy.
24. All rights of any third-party software (including but not limited to any images, photos, animation, video, audio, music and words, additional procedure and supporting materials contained in the software) used by Nebulajoy for providing network services belong to the copyright owner of the software. Without the permission of the copyright owner of the software, the user may not reverse engineer, reverse compile, or disassemble the software.
25. Game data
Nebulajoy shall have the ownership of any data and information (including but not limited to account information, game data and system derived data, etc.) generated by the user in the process of using the product of Nebulajoy or in the process of receiving the service of Nebulajoy. After the user logs in to a specific product of Nebulajoy through his/her legal account and password, the data and information displayed by the game program of the product to the user are all the data and information obtained by the user for the ownership of the specific product. The user is only entitled to use such data and information in the product according to the user agreement and relevant game rules. Nebulajoy has no obligation to provide and display game data and information beyond the data and information that can be obtained by the user when they log in and use the product on their own.
You acknowledge and agree that all data (including but not limited to virtual goods, etc.) on the servers provided by Nebulajoy shall be owned by Nebulajoy. To the maximum extent permitted by law, Nebulajoy has the right to retain or not retain all or part of the data on the server.
26. All kinds of virtual goods in products and services of Nebulajoy, including but not limited to Gamegold, Diamond and other virtual currency or game currency, props, equipment, etc., are part of the services provided by Nebulajoy, and their ownership belongs to Nebulajoy. The user can only use it in accordance with the law and the rules of the game, and is allowed to use some virtual goods through game behavior and recharge behavior. The "exchange/transfer of virtual goods" by the user herein refers to the exchange/transfer of the right to use virtual goods, and the user has no right to exchange/transfer the ownership of virtual goods.
The user knows and agrees that: when the user recharges into the account which it owns the relevant products and services of Nebulajoy and exchanges the virtual goods, Nebulajoy may give a certain proportion of the virtual goods at the same time. When the user uses and consumes the virtual goods, if the virtual goods recharged and exchanged are indistinguishable from the rewarded virtual goods, the virtual goods recharged and exchanged will be used and consumed prior to the rewarded virtual goods given by Nebulajoy. If the virtual goods recharged and exchanged are distinguishable from the rewarded virtual goods, it will be calculated according to the actual use and consumption.
1. Protecting users' privacy is a basic policy of Nebulajoy. Nebulajoy guarantees that it will not disclose to the public or provide a third party with the registration information of an individual user and the non-public content stored in Nebulajoy when the user uses network services, except for the following circumstances:
With the explicit authorization from the user or the user's guardian in advance;
In accordance with applicable laws and regulations;
In accordance with the requirements of relevant government departments;
To safeguard the interests of the public;
To safeguard the legitimate rights and interests of Nebulajoy;
Provide the user's personally identifiable information at the legal request of the user's guardian.
27. Nebulajoy may cooperate with a third party to provide the user with relevant network services. In this case, if such third party agrees to assume the same responsibility to protect users' privacy as Nebulajoy, Nebulajoy has the right to provide users' registration information and other information to such third party.
28. Without disclosing the privacy information of an individual user, Nebulajoy has the right to analyze the entire user database and make commercial use of the user database.
29. Nebulajoy has formulated the following four privacy protection principles to guide us on how to deal with issues related to user privacy and user information in products:
Use the information we collect to provide the user with valuable products and services.
Develop products that conform to privacy right standards and privacy right practices.
Make the collection of personal information transparent and be supervised by an authoritative third party.
Do our best to protect the information we hold.
1. For the avoidance of ambiguity, Nebulajoy hereby states that the third party game package provided or put on the official website of Nebulajoy by the channel party or other third party in cooperation with Nebulajoy shall be independently operated by the above channel party or other third party, and any rights and obligations arising from the corresponding Game Services shall be directly enjoyed and borne by the channel party or other third party. Any dispute arising from your use of the above-mentioned Game Services shall be directly solved by such channel party or other third party, and shall bear all legal liabilities on their own.
31. In any case, Nebulajoy will not be responsible for the loss of the user in the process of using service of Nebulajoy due to force majeure. Such force majeure events include but are not limited to national laws, regulations, policies, orders of state organs and other government actions, or other unpredictable, inevitable and insurmountable events such as earthquake, flood, snow disaster, fire, tsunami, typhoon, strike, war, etc.
32. In view of the particularity of Internet service, the loss caused by the fault of the telecommunication system or Internet network, computer fault or virus, hacker attack, computer system or hardware problem or other reasons other than the fault of the Nebulajoy is also considered as the force majeure. Nebulajoy does not assume any responsibility, but it will do the best to reduce loss and impact to the user.
33. Nebulajoy may lead to abnormal user's game characters, game props, game equipment and game currency and other account data or game data, due to game software bugs, version update defects, virus attacks or any other factors. Before the reason of abnormal data is found out, Nebulajoy has the right to temporarily freeze the game account; If it is found that the abnormal data is caused by abnormal game behavior, Nebulajoy has the right to recover the game account data to the original state before the abnormal occurrence (including recovering the transferred data from a third party), without any responsibility to the user.
34. Nebulajoy does not authorize the user to obtain game accounts, game props, game equipment, game currency and other Game Services from any third party by purchasing, accepting gifts or other means. Nebulajoy is not responsible for the third-party transaction (The third-party transaction refers to the behavior that the user obtains the game account, game props, game equipment, game currency and other Game Services from the third party by purchasing, accepting gifts or other means), and does not accept the appeal brought about by any dispute over the third party transaction.
35. There is an objective situation that different operating systems do not interoperate with each other, which is not caused by Nebulajoy, and may result in the failure of the user to transfer their recharge and game data in one operating system to another operating system. The user shall bear the risk of loss of recharge and loss of game data caused by switching between different systems, and Nebulajoy shall not assume any responsibility for this.
36. The user may link to third party sites in the process of using this Game Services. The third party site is not controlled by Nebulajoy, and Nebulajoy is not responsible for the content of any third party site, any links contained in the third party site, or any changes or updates of the third party site. Nebulajoy provides these links to third party sites to the user only for convenience purposes, and the links provided by Nebulajoy do not mean that Nebulajoy endorses such third party sites. For any dispute or loss caused by your trust in such third party sites, Nebulajoy is free from any responsibility.
Governing Law and Dispute Resolution
1. The Agreement shall be governed by the national laws of the People's Republic of China.
37. Any dispute arising out of or in connection with the Agreement shall be settled by Both Parties through friendly consultation; If no agreement can be reached through negotiation, either party may submit such dispute to the People's Court of Chaoyang District, Beijing for legal settlement.
1. If any provision of the Agreement is invalid or unenforceable in whole or in part for any reason whatsoever, or violates any applicable law, such provision shall be deemed to be deleted, but the remaining provisions of the Agreement shall remain valid and binding
38. Nebulajoy shall have the right to modify the Agreement at any time in accordance with the changes of relevant laws and regulations as well as the adjustment of the company's business conditions and business strategies, without separately notifying the users. The revised agreement will be published in advance on the relevant pages of the company website or the pages of individual products and services within the time limit prescribed by law. In case of any dispute, the latest version of the Agreement shall prevail. If the user disagrees with the Agreement or relevant service rules, or disagrees with the modification of the relevant provisions of the Agreement made by Nebulajoy, the user has the right to stop using the products and services provided by Nebulajoy. If the user continues to use the products or services provided by Nebulajoy after modifying the Agreement or service rules by Nebulajoy, it shall be deemed that the user accepts all the modifications made by Nebulajoy in connection with the Agreement and the relevant service rules. If the user chooses to stop using the products or services provided by Nebulajoy, the user shall be deemed to have given up the right to use the corresponding virtual goods in his/her account, and Nebulajoy shall not assume any obligation or responsibility to the user.