This Terms of Service ("Agreement") is a legally binding agreement between, miHoYo Limited ("miHoYo", "we", "our", or "us"), as well as you ("you" or "user") pertaining to your use of or access to miHoYo Game(s), websites, customer support, social media, community channels and/or any other services provided by miHoYo (collectively the "miHoYo Services"), whether as a guest or a registered user.
"miHoYo Game(s)" refer to any game(s) that miHoYo has launched or in the future will launch or any of its game(s) during the test process. miHoYo Game(s) include the software of miHoYo Game(s) (including the whole game software and any content, component, element or feature involved therein), any patches, updates, and upgrades to the application, any related content, documentation, add-ons, supplements, any game-related services made available to you, and/or any copy of the foregoing.
By making a registration or application for Account, downloading the game software, running the miHoYo Game(s) (including updates, upgrades, patches), visiting our websites, accessing various online services, or otherwise accessing to any services provided by miHoYo, you are deemed to have accepted all the terms of this Agreement and agree to be bound by this Agreement.
miHoYo reserves the right to update this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of the miHoYo Services shall constitute your acceptance to be bound by the newly updated Agreement.
If you do not agree to any term of this Agreement, please do not, either directly or indirectly, use or access to any of the miHoYo Services in any way.
You may be required to register or have previously registered a miHoYo account in order to use the miHoYo Services ("Account"). You may establish an Account only if you are a natural person and an adult in your country of residence and you are not an individual specifically prohibited by us from using the miHoYo Services. You agree to provide accurate and complete registration information, and you may not create an account name that reflects your real name or other personal data. Also, you agree that you shall be responsible for any and all behaviors performed on or through your Account, whether or not authorized by you.
Account is unique as well as important to every user. You shall neither transfer or otherwise make available your Account information to third parties, nor use other user(s)'Account at any time. If you sell your Account or other related information, miHoYo reserves the right to take actions, including terminate your Account immediately without any refund.
You shall be responsible for keeping your Account secure and confidential. If any third party illegally uses your Account or otherwise access to your Account, you may not claim compensation from miHoYo. Besides, in the event of theft, unauthorized use or any other security breach pertaining to your Account, you may notify miHoYo immediately.
On the condition that you agree to and continuously comply with this Agreement, and any other separate agreements or policies (if any) between you and us, miHoYo hereunder grants to you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable right and license to install and use one copy of the software of miHoYo Game(s) solely for your own personal entertainment and non-commercial purpose.
You agree that you may not, either directly or indirectly, do or attempt to do any of the following with respect to any or all of the miHoYo Services:
(i) post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable;
(ii) (ii) defame, ridicule, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive to a portion of the public;
(iii) infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests (including the rights of privacy or publicity) of miHoYo or third parties;
(iv) develop, use or distribute “auto” software programs or other unauthorized software, programs or applications that may cause an unfair competitive advantage;
(v) exploit, distribute or inform third parties of any game error, miscue or bug, regardless of an intended advantage or not;
(vi) sell, lease, rent, license, sublicense or otherwise use for a commercial purpose;
(vii) copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works;
(viii) use illegal or inappropriate methods that may interrupt the game operation or otherwise exploit the miHoYo Services without authorization, including hacking, cracking, complaining false information, transmitting files that contain viruses, commercial solicitation, chain letters, mass mailings, plugins or other unauthorized programs;
(ix) use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or
(x) allow or assist any third party to do any of the above.
You further confirm that your use of the miHoYo Services shall obey any applicable laws and only for your individual enjoyment and non-commercial purpose. Also, you may immediately stop accessing to the miHoYo Services when local laws or regulations so require.
Except as expressly authorized under this Agreement, you may not copy the miHoYo Services or any component therein. The miHoYo Services contain our proprietary information, you agree: (a) not to copy, reproduce, distribute, manufacture, disclose or otherwise transfer any of our un-public information, and/or (b) not to use the services for any purpose that is illegal or beyond the scope of the miHoYo Services’ intended use (in our sole judgment).
Except expressly authorized herein, any use of the miHoYo Services, without our prior written consent, is strictly prohibited and will terminate the license granted herein. Besides, miHoYo expressly reserves the right to deny anyone access to the miHoYo Services at any time for any reason without notice. You further agree that miHoYo, without any liability, shall be entitled to suspend or terminate providing any of the miHoYo Services or change the provided content at any time for any reason without notice.
We reserve the right, but are not obligated, to monitor or be involved in disputes between users. While we may choose to monitor and take action upon inappropriate game play, chat or links in or to the miHoYo Services, you are solely responsible for any interactions with other users. By using the miHoYo Services, you agree that at any time there may be language or material, accessible on or through the miHoYo Services, that may be inappropriate, in particular for children, or offensive to some users of any age. You agree that under no circumstances shall miHoYo be liable for any such inappropriate user behavior or language. miHoYo reserves the right to take other actions at the same time.
You further agree that miHoYo may not be liable for the behaviour of third parties, including any third party’s websites or services linked on or through the miHoYo Services.
The miHoYo Services may contain various forums, communities, networks, or other interactive features that allow you to post, submit, publish, display, or transmit any content or materials on or through the miHoYo Services (“User Contributions”). User Contributions include any text, forum post, chat post, profile, widget, message, link, feedback, email, music, sound, graphics, picture, video, code, audio visual or other materials emanating to or from the miHoYo Services. miHoYo has no obligation to monitor these User Contributions, but we may do so and reserve the right, in our sole discretion, to monitor, filter, moderate, edit and/or remove any or all of User Contributions at any time without notice. Besides, miHoYo may also terminate or suspend your access to any of the User Contributions for any reason and without further notice.
Any of the User Contributions may not be illegal, invasive of privacy, infringing intellectual property rights, injurious to third parties, or otherwise inappropriate or objectionable, and may not contain viruses or other kinds of unauthorized programs. You agree that you shall be fully and solely responsible for your own behavior when using the miHoYo Services, including any User Contributions posted by you. You agree that under no circumstance, shall miHoYo be liable for any User Contributions posted by you. You further confirm that any of the User Contributions are neither endorsed nor controlled by miHoYo.
You agree that you have no expectation that your User Contributions will be private and miHoYo may disclose your User Contributions for any reason without notice. Any User Contributions that you post will be considered non-confidential and you confirm that you irrevocably and unconditionally grant miHoYo a global, fully paid up, royalty-free, perpetual, transferable, sub-licensable and unlimited right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works, reformat, distribute, manufacture, sell, license, sublicense, transfer, rent, lease, transmit, communicate, display, publicly perform, provide access to, or otherwise practice such User Contributions or any portion thereof, in any and all media, formats and forms, known now or hereafter devised. You understand that you shall not be entitled to any compensation, fees, consideration, or other remuneration arising from or in connection with your User Contributions, regardless of our exercise of the rights graned in this section and that we are not obligated to exercise such granted rights. Furthermore, you agree that any of your submission shall not create any contractual relationship between you and miHoYo. You also grant all other users, who can access to your User Contributions, the right to use, copy, modify, display, perform, create derivative works from, communicate about or otherwise distribute your User Contributions on or through the miHoYo Service without further notice, attribution or compensation to you. Except to the extent such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law worldwide.
You warrant that the User Contributions do not violate any rights or interests (including intellectual property rights) of miHoYo and/or third parties. You understand that User Contributions may be copied by other users and discussed outside of the miHoYo Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Please note that miHoYo takes no responsibility and assumes no liability for any content posted by you or any third party.
You represent that you are an adult or older in your country of residence (or at other age in your jurisdiction where you are classified as a majority) when using the miHoYo Services. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.
Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child (“Child”) to use an Account, you hereby agree to this Agreement on behalf of yourself and your Child, and you agree that you will be responsible for any use of the miHoYo Services by your Child, whether or not such use is authorized by you.
miHoYo shall own all rights, titles and interests (including the ownership, intellectual property rights, neighboring rights and other rights and interests) in and to the miHoYo Services under this Agreement. You agree that your use of the miHoYo Services does not confer on you any right or interest or otherwise, including (if any) any in-game rewards, achievements, characters, Virtual Currency, levels and other content. You further acknowledge that in the event of termination, any granted right or interest may cease to be available to you and any right you may have had prior to termination are forfeit.
Any or all of the miHoYo Services are copyrighted and protected by any applicable laws (including any applicable copyright laws and international treaties). To be specific, any or all of the miHoYo Services (including any content, websites, games, programs, source codes, themes, technology, architecture, sounds, pictures, audio, video, artwork, graphics, logos,documentation, and all other features contained in the miHoYo Services) are protected by applicable laws (including copyright, patent, trademark and/or other intellectual property rights thereof) from unauthorized use.
You agree that any or all of the miHoYo Services shall not be used beyond the scope of our services’ intended use (in our sole discretion). Any use of our copyrighted materials, including make derivative works, requires the express prior written consent of miHoYo. Please note any unauthorized reproduction or redistribution of the miHoYo Services shall be prohibited and may result in severe legal penalties.
miHoYo remains the sole owner of rights, titles and interests (including ownership, intellectual property rights, neighboring rights and other rights and interests) in and to the miHoYo Services. You agree that you have no right or interest as a result of using the miHoYo Services, except explicitly granted to you under this Agreement.
"Feedback" means suggestions, comments, ideas, and/or any other information, that you provide, publish, or otherwise communicate directly or indirectly to miHoYo or our agents pertaining to the miHoYo Services. Besides, you confirm that you irrevocably grant miHoYo a global, irrevocable, fully paid up, royalty-free, perpetual, sub-licensable, transferable, assignable and unlimited license, allowing miHoYo to use, disseminate, copy, modify, sub-license, translate, publish, distribute, network transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell and/or otherwise use Feedback for any purposes. You further confirm that any Feedback provided by you hereunder may not infringe intellectual property rights, related rights and/or other proprietary or personal rights. Besides, your participation in a “test period” or a “beta version” or something of that kind may be agreed upon separately and your access to our game may be subject to specific rules, such as limited period or limited number of users to access to the game, our reserved rights to modify or delete the game data of users. Please read carefully those specific rules and your cooperation and feedbacks upon our beta version of the game are highly appreciated.
If any such right or interest in the Feedback may not be licensed or transferred under any applicable laws (including moral or other personal rights), you hereby expressly waive and agree not to assert any rights and/or claim for any compensation from miHoYo.
The miHoYo Services may include an opportunity for you to purchase virtual, in-game currency ("Virtual Currency") with real money. The miHoYo Services may also include the purchase of virtual, in-game digital items ("Virtual Goods") with real money or Virtual Currency. You acknowledge that Virtual Currency and Virtual Goods shall never be redeemed for real money or any item with monetary value. You understand that both Virtual Currency and Virtual Goods are licensed, not sold, to you and miHoYo reserves and retains all right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.
Your purchase of Virtual Currency and/or Virtual Goods is non-exchangeable and non-transferable, except otherwise granted by laws of your country. You may not transfer, sell, gift, exchange, trade, lease, sublicense or otherwise use Virtual Currency or Virtual Goods, which is a violation of this Agreement and will result in a termination of this Agreement with our reserved rights to continue seeking compensation.
miHoYo reserves the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You agree that miHoYo may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.
When you provide payment information to miHoYo or its authorized processor, you represent that you are an authorized user of any payment method specified by you, and you authorize miHoYo to charge such payment method for the full amount of the purchase transaction.
miHoYo holds you accountable for your own behaviors and languages, encourages you to play miHoYo Game(s) in a healthy and civilized manner, and prohibits you from any improper or objectionable behaviors. You are prohibited from, in any way, claiming as our employees or disseminating false information either to miHoYo or third parties, spreading vulgar information, posting illegal websites, spam advertisements or otherwise attacking, threatening or insulting towards a portion or group of the users.
You are prohibited from engaging in, directly or indirectly:
(i) vulgar expressions, coarse language, abusive behavior, verbal harassment, either towards miHoYo or other users;
(ii) use of any unapproved payment methods, cheating programs or other malicious game programs;
(iii) dissemination of information or materials that violate popular customs, religious beliefs, habits or social morality of a portion or group of the public;
(iv) disclose, furnish, disseminate or otherwise make any of our un-public information available to third parties; and/or
(v) disclose, furnish, disseminate or otherwise make any of our un-public information available to third parties; and/or
(vi) any other inappropriate behaviors or languages that may damage the image of miHoYo.
We reserve the right, but are not obligated, to monitor or be involved in disputes between users. Depending on the relevant situation, miHoYo may take action, including sending a warning, blocking communications, suspending, off-lining, banning or terminating your Account temporarily or permanently, blocking login, deleting game files or otherwise take actions in our sole discretion. We reserve and maintain the final rights to interpret and take actions according to relevant circumstances of your inappropriate behaviors.
If you breach this Agreement or upon any user behavior whatsoever which is, in our sole discretion, an abuse and/or in violation of the spirit of the miHoYo Game(s) or otherwise inappropriate or objectionable to a portion or group of the public, we shall be entitled to, without prior notice, suspend your access to the miHoYo Services for an indefinite period of time, block your Account, terminate your access to our services and/or terminate this Agreement immediately without notice.
You agree to defend, indemnify and hold miHoYo and/or its affiliates, employees, officers, managers, directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including attorney fees and other expenses) arising from or in connection with:
(i) your access or use of the miHoYo Services;
(ii) your breach or alleged breach of any terms, conditions, obligations, representations or warranties under this Agreement;
(iii) any materials, User Contributions, Feedback or other information provided by you or on your behalf;
(iv) your violation of any applicable laws or third party’s rights and interests; and/or
(v) your other illegal or inappropriate behavior.
Without prejudice to any other rights or remedies that miHoYo may have, you agree that in the event of any threatened or actual breach of this Agreement, miHoYo shall, without proof of special damage, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which miHoYo may be entitled. You irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from miHoYo.
You agree that your use of the miHoYo Services shall be at your own risk. miHoYo provides the miHoYo Game(s) and/or the miHoYo Services on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable laws, miHoYo and/or its affiliates, employees, officers, managers, directors, agents, disclaim all warranties of any kind, including any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of tort, contract or otherwise, and regardless of whether miHoYo has been advised of the possibility of such liabilities.
MIHOYO HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES AND REPRESENTATIONS, EITHER EXPRESS, IMPLIED, ORAL OR WRITTEN. miHoYo makes no warranties about the accuracy or completeness of the miHoYo Services. Also, miHoYo assumes no liability or responsibility for: (i) any errors, mistakes, or inaccuracies of the miHoYo Services; (ii) personal injury, property damage, lost profits, loss of data or any indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of the miHoYo Services; (iii) any interruption, suspension or termination of the miHoYo Services; (iv) any bugs, viruses or similar links transmitted by third parties on or through the miHoYo Services; (v) any programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of you; and/or (vi) any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.
In no event shall miHoYo be liable to you or third parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if miHoYo has been advised of the likelihood of such damages occurring.
miHoYo has no control over third party sites which you may have access, including those sites which are linked to or from our websites. Therefore, miHoYo is not responsible for the content or function of third party websites, and disclaims any liability for any aspects therein via your direct access or through our websites or software. The applicable service terms and privacy policies of those third party websites shall govern your use of such websites.
THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF MIHOYO AND OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES SOFTWARE, WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE (3) MONTHS PRIOR TO YOUR MAKING A CLAIM AGAINST MIHOYO. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.
To the maximum extent permitted by applicable laws, any claim arising from or in connection with this Agreement and/or the miHoYo Services, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If any claim is not filed within that time, then it shall be permanently barred.
miHoYo reserves the right to amend or otherwise revise this Agreement at any time in any way without notice and you agree to check periodically for new terms and you agree to be bound by all amendments, modifications and revisions. Please note that your continued use of the miHoYo Services shall constitute your acceptance to the newly updated Agreement (including any referred agreements or policies therein). If at any point you do not agree to any portion of then-current version of agreements or policies, you may immediately stop accessing to the miHoYo Services and your license under this Agreement may immediately terminate.
No failure or delay on the part of miHoYo in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
To the maximum extent permitted by applicable laws, miHoYo may send notices (including various rules, notifications, prompts, or other information pertaining to the use of the miHoYo Services) to the users through one or more of the following, including notice or announcement within the game, page announcement on websites, official channels, phone messages, email, or other contact information you provided to miHoYo. Also, once any notice is dispatched or sent in any way listed above by miHoYo, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree to, please inform miHoYo in writing within 15 days as of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.
Without limiting any other rights of miHoYo, this Agreement will terminate automatically without notice if you fail to comply with any term or condition of this Agreement or any agreement or policy referred herein. You may also terminate this Agreement by deleting all the miHoYo Game(s) you’ve installed and immediately stop accessing to the miHoYo Services. Upon termination, you shall no longer exercise any of the rights granted herein and you must destroy all copies of the miHoYo Game(s) in your possession.
Notwithstanding the foregoing, your obligations accumulated prior to the termination of this Agreement shall still be fulfilled by you. Also, all of miHoYo’s rights and interests, and/or any authorization (if any) granted to miHoYo shall still remain in effect and survive the termination of this Agreement.
If any provision of this Agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from this Agreement and the rest shall remain in effect. Notwithstanding the foregoing, if the class action waiver is found invalid, unenforceable, or illegal, you agree that it may not be severable. Under no circumstances shall arbitration be conducted on a class basis without the express prior written consent of miHoYo.
This Agreement shall be governed by and construed under the laws of Hong Kong excluding its conflict of law principles. The Convention on Contracts for the International Sale of Goods will not apply. You agree that any claims or legal actions between you and miHoYo shall be referred to China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Centre and it shall be conducted in accordance with such commission’s arbitration rules. The arbitral award is final and binding upon both parties. If arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Shanghai, China. You hereby consent to, and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
SUBJECT TO APPLICABLE LAWS AND REGULATIONS, BOTH PARTIES CONFIRM THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.
You may not assign, transfer or otherwise sub-contract any or all of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of miHoYo. Otherwise, miHoYo may, in its sole discretion, terminate providing services to you without notice. If the restrictions on transfer are not enforceable under the law of your country of residence, then this Agreement will be binding on you and any of your recipient. Notwithstanding the foregoing, miHoYo shall be entitled to at any time assign, transfer or otherwise sub-contract any or all of its rights or obligations under this Agreement.
This Agreement contains the entire contract of the parties regarding the subject matter of this Agreement and supersedes any prior written or oral agreements between you and miHoYo.
References to “include”, “includes” and “including” shall be construed so as to mean include without limitation, includes without limitation and including without limitation, respectively.
Affiliate in this Agreement shall mean an entity that directly or indirectly controls, is controlled by, or is under common control with miHoYo Limited hereto.
miHoYo may translate this Agreement into other languages. If there is any difference between this English version and other language versions, then this English version shall prevail.
miHoYo shall not be responsible for any delay or failure to perform resulting from causes outside the reasonable control of miHoYo, including acts by governmental authorities, acts of God or other events outside of the reasonable control of miHoYo.
You agree that miHoYo expressly reserves the right, at any time for any reason without notice and without any form of compensation, to suspend or deny anyone using or accessing to the miHoYo Game(s) and/or the miHoYo Services; to cease providing any services; and/or to change, add any portion of the miHoYo Services.
You represent that you are entering into this Agreement on a completely voluntary basis and you expect no compensation other than what is expressly granted under this Agreement.
In case of any inconsistency between this Agreement and local laws in your country of residence, local laws shall prevail and govern.
If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance, either send a letter addressed to miHoYo Limited with its contact address: 6F, BLK C4, Shanghai Putian Information Industrial Park, 700 Yishan Rd, Shanghai, China, Attention: Customer Service Department; or email us through the contact information at the bottom of our website.
Date: December 26th,2019