TERMS OF USE

Last revised: June 04, 2024

These Terms of Use (the "Terms" or “Agreement”) set forth the agreement between Changyou.com HK Limited（" We" , " Us" or “Our”）and each user ("You" or "User") in regard to the use of Our online and mobile games, applications, add-on content for games, vouchers for digital services and other digital content and other services, including the online functions of multimedia products, the websites and mobile sites (collectively "Websites"), servers, software and the framework through which these services are provided (collectively, the "Services"). You should read these Terms carefully as they set out the basis on which We make the Websites and Services available.

The Agreement comes into force when You indicate Your acceptance of this Agreement by means specifically provided by Us.

When using the Websites or Services You may choose to, and in some cases You must, register an account with Us on Your own initiative. You could also use the “guest” account which will automatically be created for You by Us when You first using Our online and mobile games.

To register an account with Us, You can either create a new account by using your email address or connect an existing third party account (such as Apple, Google, Facebook, Twitter, etc.) with Our Websites and Services.

If You hold the account with Us, You agree that You shall take all steps necessary to protect Your log in details and keep them secret.

To register an account and use the Websites or Services, You must: (i) be of legal age; (ii) be a legally competent minor; or (iii) have valid parental or guardian consent to be bound by these Terms (“Authorized User”). If You are not of legal age or are not a legally competent minor or do not understand this clause, please talk to Your parent or guardian and ask for help. If You are the parent or guardian of a minor who creates an account with Us, or use the Websites and Services, You and the minor accept these Terms and You agree to be bound thereby. You are also responsible for the minor's use of the account, the Websites and Services, and compliance with these Terms, including any purchases.

You may not create or use an account on behalf of another person or entity, and You may not use the Websites or Services on behalf of another person or entity or for commercial purposes.

You may not create more than one account to use Our Websites and Services.

Information on how we use data that we collect about You can be found in our Privacy Policy. These do not form part of this Agreement, but are important documents which we strongly recommend that You read.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS, BROWSE OR USE THE WEBSITES AND SERVICES, AND MUST REFRAIN FROM OR DISCONTINUE YOUR ACTIVITIES IMMEDIATELY.

1. GRANT OF A LIMITED LICENSE RIGHTS

Subject to these Terms and other relevant guidelines or rules that may apply when using particular Websites and Services, We grant You a personal, non-exclusive, non-transferable, non-sub licensable, revocable and limited license to access and use the Websites and Services for Your own non-commercial entertainment purposes. The use of the Websites and Services for any other purpose is not permitted.

You can install and use a copy of our games on an electronic device. You can play our games by connecting with our server. Any other type of installation, use, access, display, operation and transfer by You, without our express permission, will be considered a violation of these Terms.

These Terms only grant a limited right to use the Websites and Services to the extent specified herein. These Terms do not grant You any right of ownership in or to the Websites or Services or any element thereof. In particular, You shall have no ownership or other property right or interest in Your account or any content that appears in or on the Websites and Services, including, but not limited to, the Virtual Content obtained in the Websites and Services, or any other content associated with Your account or stored in or on the Websites and Services. You further acknowledge and agree that all rights in and to Your account and all associated content, including Virtual Content, are and shall forever be owned by and inure to the benefit of Us.

2. THIRD-PARTY SERVICES

Users of the Websites and Services may have access to third-party services, such as for example applications, software, add-on content, services, websites, portals, data and other digital content operated by a third party that may be accessible via Our Websites and Services, but that are not operated by Us and that allow Users to access or register games, applications, software and other digital content independently from Us under the terms established by third parties (“Third-Party Services”). Third-Party Services are operated, offered and distributed by the third parties at their sole responsibility. We neither become a party nor participate in any other way in any contract You may conclude with a third party through Third-Party Services. We do not assume any liability in respect of Third-Party Services and are also not responsible for the use of personal data by these third parties. Third-Party Services are subject to terms and conditions provided by the respective third parties.

3. RULES OF CONDUCT

When using the Websites and Services, You must comply with Our Rules of Conduct. Our Rules of Conduct prohibit any unlawful, harmful or otherwise inappropriate conduct, including, but not limited to, the following:

a. Purchase, sell, rent or give away Your account; create an account using a false identity or false personal information or create an account on behalf of someone other than Yourself.

b. Use the Websites or Services if You have had Your account terminated -or have even been banned from using our Websites or Services.

c. Use Your account, or the Websites and Services for commercial purposes; e.g. use the Websites or Services to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.

d. Collect in-game currency, items or other virtual property during the use of Websites or Services for sale/exchange outside of the Websites and Services;

e. Engage in any act that is in conflict with the spirit or intent of the Websites or Services or these Terms, or make improper use of our support services or access the Websites or Services by means other than those authorized by Us.

f. Modify or cause to be modified any files that are a part of the Websites or Services without our express written consent.

g. Disrupt, interfere with or otherwise adversely affect the normal flow of the Websites or Services or otherwise act in a manner that may negatively affect other users' experience when using the Websites or Services. This includes win trading and any other manipulation of rankings, taking advantage of errors in the Websites or Services to gain an unfair edge over other players, and any other act that abuses or goes against the design of the Websites or Services.

h. Institute, assist, or become involved in any type of attack, including without limitation, distribution of a virus, denial of service attacks upon the Websites or Services, or other attempts to disrupt the Websites or Services or any other person's use or enjoyment of the Websites or Services.

i. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, or engage in toxic behavior, such as by repeatedly posting information on an unsolicited basis.

j. Post any information that contains nudity, excessive violence, or an offensive subject matter, or that contains a link to such content.

k. Engage in conduct that is an attempt to harass, abuse or harm, or advocate for or incite harassment, abuse or harm of another.

l. Make available through the Websites or Services any material or information that infringes any intellectual property right, copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity.

m. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide or relating to the Websites or Services, or to obtain any information from the Websites or Services using any method not expressly permitted by Us.

n. Collect or post anyone's private information, including personally identifiable information (whether in text, audio, image or video form), identification documents, or financial information through or in connection with the Websites or Services.

o. Engage in conduct that may cause, or causes harm to a minor.

p. Arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the content by any means without our express permission.

q. Modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Websites or Services, or their accessibility to other users, or the functioning of any partner network of the Websites or Services, or attempt to do any of the above.

r. Transmit or propagate any virus, Trojan, worm, bomb, corrupted file and/or similar destructive device or corrupted data within or related to the framework of the Websites or Services, and/or organize, participate in or be involved in an attack on our servers and/or the Websites and/or Services and/or those of our service providers and partners.

s. Impersonate any person or entity, including, but not limited to any of our representatives or employees, or falsely state or otherwise misrepresent Your affiliation with a person or entity.

t. Use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the game, collect any information of the game or connect to the game by ways including but not limited to simulating game user operations, changing the operating environment, modifying data to disrupt other users’game experience through the employment of external software, such as scripts (robots), plug-ins, button wizard software or third-party tools (e.g. the multi-open function under the simulator, synchronizer, record macro, keyboard mapping, cloud phone etc.).

(herein referred to as “Rules of Conduct”).

We may, in our discretion, take action as a result of any violation of our Rules of Conduct, which may include but not limited to: (i) removing any involved content; (ii) restoring Your game data to the status before Your breach; (iii) limiting Your access to the game/Your account; (iv) terminating Your right to use our Websites and Services; (v) taking legal action against You or disclosing relevant information to law enforcement authorities and (vi) any other actions set forth in any posted guidelines and rules.

4. AUTHORIZED USERS

If We find out that You are not an Authorized User to Our Websites and Services, We will immediately, upon notice, cancel Your account and delete all of Your content.

5. UPDATING SERVICES AND TERMS

We reserve the right to change, modify, add or delete these Terms and any other notices contained on the Websites or Services, at any time, temporarily or permanently and entirely. We will inform You of any change, modification, addition or deletion to these Terms by email or by other appropriate means and require You to accept the updates Terms next time You log in to Your account. If You do not agree to the changes made to these Terms, within four (4) weeks after they have been communicated to You, We reserve the right to terminate Your account subject to a reasonable period of notice in accordance with Article 6 and You will have to accept the updated Terms by logging in to Your account if You wish to continue using the Websites or Services under the new terms and conditions.

Subject to applicable law, We may change the price of the Websites and Services, especially games and Virtual Content, at any time, for any reason, without notice or liability to You.

6. SUSPENSION OR TERMINATION

6.1. These Terms are effective unless and until terminated by either party. We reserve the right to suspend or terminate all or part of the Websites or Services at any time in accordance with these Terms.

If at any time You do not agree to these Terms, You must promptly uninstall any applications, destroy all materials downloaded or otherwise obtained from the Websites or Services.

6.2. Termination of Your account or Access to the Websites and Services by Us. Notwithstanding the right to terminate for cause, We may terminate Your account by giving You (14) fourteen days written notice.

Further, We may suspend, terminate or close Your account and/or Your ability to use one or more Websites or Services or part thereof, at any time with immediate effect without notice for cause (“Cause”). Cause within the meaning of this Article 6.2. shall include but is not limited to the following:

a. You claim to be another person or entity or present Your identity inaccurately; or

b. You do not comply with these Terms or any other policy, condition or guideline relating to a particular Website or Service of Us or You’re suspected of illegal or improper use of the Websites or Services, except in the case of minor breaches; or

c. You are in breach of, or are violating applicable laws; or

d. You infringe any intellectual property right, including that of a third party; or

e. You have not used the Websites and Services, or Your account for 180 consecutive days, and have not used the Websites and Services, or Your account within 30 days after being notified.

If You have more than one account, We reserve the right to delete all the accounts You have created.

6.3. Termination of Your account or Access to the Websites and Services on Your initiative. You may terminate Your account or access to the Websites and Services at any time and discontinue to use the Websites and Services. To terminate, please go to the "Setting" page and follow the cancellation instructions.

6.4. Consequences of Termination. Upon termination of the Websites and Services and/or Your account, Your license to use the Websites and Services will be automatically closed. Upon termination of Your account, You will lose Your user name, avatar, together with any content You may have published, uploaded or made available on the Websites and Services as well as any benefits, privileges and purchased items associated with Your use of the Websites and Services.

In no event will We be liable for the removal of or disabling of access to the Websites and Services and/or Your account or any part thereof. Please note that We are under no obligation to compensate You or anyone else for any such losses. We may also impose limits on the use of or access to the Websites and Services, in our sole discretion and without notice or liability, EXCEPT AS REQUIRED BY APPLICABLE LAW.

Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination. In particular, Articles 6,7, 8, 12, 13 and 16 shall survive the termination of these Terms.

7. INTELLECTUAL PROPERTY

All rights, title and interest in and to the Websites and Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, locations, artwork, graphics, graphic interfaces, animations, laYouts, sounds, musical compositions or sound recordings, audio-visual effects, concepts and methods of operation, game mechanics, the “look and feel” of the Websites and Services, documentation, databases, software code (including source and object code) of the Websites and Services, users’ accounts, users’ gaming history, recording of gameplays, and the transcripts of any chat rooms, methods of operation, moral rights, documentation, character profile information, recordings of games played using our game client, and our game clients and server software) are owned by Us, Our parent company or our licensors, and are subject to and protected by copyright and other intellectual property laws and rights. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Websites or Services.

We do not recognize the results of transactions generated by offline transactions outside our Websites and Services. Game props obtained by Users outside the game platform offered by Our Websites and Services will be considered as sources that do not conform to the Terms.

You agree not to delete or in any manner alter the copyright, trademark, patent, trade secret or other proprietary rights notices or markings which may appear in the Websites and Services.

8. INDEMNITY

You shall indemnify and hold Us, Our affiliates and subsidiaries harmless from and against any loss, liability, claim (including reasonable attorney fees) arising out of or in connection with Your use of the Websites and Services in an unlawful manner or otherwise in breach of these Terms (including, without limitation, our Rules of Conduct (see Article 3 above)) provided You acted culpably. This indemnity shall include but not be limited to any loss, liability, claim arising out of or in connection with any user-generated content You may upload, including, without limitation, any photographs, videos or any other materials.

9. LINKS AND ADVERTISING INFORMATION

Some links provided by Us on Our Websites and Services may link to websites of other individuals, companies or organizations (“Third Parties”). The purpose of providing such links is to facilitate Users to search for or obtain information on their own. Third-Party services are operated, offered and distributed by Third Parties at the sole responsibility of the Third Parties. Third-Party services are subject to terms and conditions provided by the respective Third Parties. We do not assume any liability in regard to the authenticity, completeness, timeliness or credibility of the products, services or information provided by the Third Parties; there is no employment, appointment, agency, partnership or other similar relationship between any of these individuals, companies or organizations and Us.

We may publish commercial advertisements or other promotional information in relevant locations on the provided platform and related services. The content of these advertisings or promotional information is provided by the advertiser, and the advertiser shall be solely responsible for the promoted goods or the service. We are only the medium for advertising information. The goods or services purchased by the User through the website or the website linked to it, as well as the transaction behavior is only between the User and the advertiser, and has nothing to do with Us.

10. COMPENSATION

Any direct or indirect damage or loss of profits to Us and our affiliates, servants, trustees, agents, other relevant performance assistants or any other third party caused by Your culpable violation of applicable laws and regulations or these Terms shall be borne by You. The liability for damages includes but is not limited to litigation costs, legal fees, actual losses incurred by legal proceedings, and administrative procedures.

11. VIRTUAL CONTENT AND POINTS SYSTEM

Within certain Websites and Services, We may offer You the possibility of in-game virtual currency or additional content such as in-game items, customization elements, maps, building accelerations, avatars which, once offered to You, can be used to maximize Your experience within Websites and Services (“Virtual Content”). Additionally, We may offer a system enabling You to obtain game points if You use Websites and Services, or if You participate in certain games and activities proposed by the Websites and Services (the "Points System"). You may exchange these game points for additional content, which We offer under the Points System. The Virtual Content and game points are provided to You as digital content in the form of a license (right) to trade or exchange for other digital content within the Websites and Services. Virtual Content and game points have no monetary value, and cannot be used or exchanged outside of Our Websites and Services. Especially You may not sell, trade, transfer, or exchange Virtual Content and game points for any legal tender or other items or rights outside the Websites and Services.

We may revise the pricing for Virtual Content, or any other items offered through the Websites and Services, including but not limited to the Points System, at any time. We also reserve the right to modify the terms or eliminate any or all of the Virtual Content or Points System at any time entirely at Our own discretion, under the terms specified in Article 5 above.

WE ARE NOT OBLIGED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CONTENT or GAME POINTS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

12. MOBILE APPLICATIONS

12.1. Use of Mobile Applications

You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that You need to download, install and use mobile applications provided in connection with our game (the "App").

Please be aware that, when You use the App, Your wireless service provider may charge You fees for data, text messaging and/or other wireless access, including push messages. You should understand or otherwise ask Your service provider what charges You may incur before using the App.

12.2. Mobile Software from the Apple App Store

If You download a game from the App Store, then notwithstanding anything in this Agreement to the contrary, please be aware, that:

a. We, not the App Store, are solely responsible for the game.

b. The App Store has no obligation to provide any game maintenance or support.

c. If the game cannot meet its warranties (if any), You may notify the App Store and the App Store will refund You the purchase price of the game (if applicable) and, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the game. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

d. The App Store is not responsible for addressing any claims You have or any claims of any third party relating to the game or Your possession and use of the game, including, without limitation: (i) product liability claims; (ii) any claim that the game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

e. In the event of any third-party claim that the game or Your possession and use of the game infringes that third party’s intellectual property rights, We will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

13. NOTICE

We may communicate with You by posting on Our Website, use e-mail, or other available tools. If You would like to communicate with Us, You must send Your notice in writing through “online customer service” within the Game, or via e-mail to CS-JRFF@cyou-inc.com, or via such additional channels that might be provided in the Privacy Policy for privacy-related queries. Any notices that You provide without compliance with this Section on Notices shall have no legal effect.

14. APPLICABLE LAW AND DISPUTE RESOLUTION FOR NON U.S. AND NON EU USERS

If any dispute shall arise in connection with these Terms, We strongly encourage You to first contact Us directly to seek a resolution by going to our customer service in our games, applications and/or services. Unless otherwise stipulated by applicable laws, these Terms shall be governed by the laws of the Hong Kong, as an agreement wholly performed, negotiated and executed therein without regard to Hong Kong’s conflict of laws. Any disputes relating in any way to or arising under or out of Your use of the Websites and Services or these Terms shall be binding upon the arbitration held by the China International Economic and Trade Arbitration Commission.

15. MISCELLANEOUS

a. Transfer

We may transfer all or a part of our rights or obligations under these Terms to a third party (including but not limited to our affiliated companies) upon prior notice to You.

b. Entire agreement

These Terms and the Privacy Policy set forth the entire agreement between the both parties, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between the both parties.

c. Severability

If, but only to the extent that, any provision of these Terms is declared or found to be illegal, unenforceable, or void, then both You and We shall be relieved of all obligations arising under that provision, it being the intent and the agreement of the both parties that these Terms will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of these Terms are not affected and are capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.

d. Waivers of our rights

Our failure to enforce the provisions hereof shall not be construed to be a waiver of such provision or our right thereafter to enforce each such provision. No waiver of any term or condition of these Terms shall be valid or binding on Us unless the same shall have been set forth in a written document, specifically referring to these Terms and signed by Us.

e. Language

The original language of this Agreement is in English; any translations are provided for reference purposes only. To the maximum extent permitted by applicable law, You waive any right You may have under the law of Your country to have this Agreement written or construed in any other language.