Last Updated: January 12, 2016

NetEase and its affiliates (collectively “NetEase,” we,” us,” or “our”) appreciate your interest in our company and services. These terms and conditions (“Terms”) govern your use our services offered in North America (“Services”) and use of our web site www.netease-na.com (the “Site”). Please read these Terms carefully, as your use of our Services and the Site constitutes your consent to be bound by these Terms. If you do not agree to these Terms, please do not use our Services and/or the Site. Note that these Terms only relate and apply to our Services in North America. Other NetEase web sites have their own terms of service separate and apart from these Terms.

In addition, when using particular NetEase Services, you will be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. NetEase may introduce new Services from time to time and all these Services shall be subjected to these Terms.

Site Contents

NetEase owns or has the right to use all the intellectual property represented by the Services that were developed or jointly developed by NetEase and these Services are protected by applicable intellectual property laws, copyrights, trademarks, service marks, patents, or other laws. The text, images, graphics, video files, and their arrangement on the Site are all subject to copyright and other intellectual property protection. The information, materials, and other content of this Site may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without the express written consent of NetEase. Access to and use of the Site is solely for your personal use. You may download, copy, or print the contents of the Site for your personal reference only. No right, title, or interest in any of the contents of the Site is transferred to you as a result of any downloading, copying, printing, or use of the Site.

Privacy

For information on how NetEase collects, uses, and discloses information from its users, please review our Privacy Policy . Your use of the Site indicates your consent to the data practices stated in our Privacy Policy.

Trademarks

All product and service marks, trademarks, slogans, and logos displayed on the Site are the exclusive property of NetEase, NetEase’s suppliers and partners, or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NetEase or the applicable trademark holder. Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning a name, logo, or trademark. Please be advised that NetEase may enforce its intellectual property rights to the fullest extent of the law.

Links to Other Websites

The Site may include links to other websites or other sources of information. NetEase provides such links only as a convenience to you. NetEase has neither reviewed the contents of these third-party websites nor does NetEase claim any responsibility for the content or suitability of these third-party websites and NetEase makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such links. The inclusion of links does not imply endorsement of the websites by NetEase or any association with their operation. The use of third party websites is entirely at your own risk. By accessing these links, you acknowledge that such other sites or locations are not under the control of NetEase and you agree that NetEase shall not be responsible for any information or additional links found at such site or location, or for your use of such information.

Registration, Accounts, and Passwords

Accessing certain Services on the Site may require registration and the creation of an account. If you create an account on the Site, you agree to be responsible for maintaining the confidentiality of user names, passwords, security questions and answers, or other account identifiers which you choose, and for all activities that occur under such account identifiers. You agree to promptly notify NetEase of: (i) any loss of your user names, passwords, security questions and answers, or account identifiers, and (ii) any unauthorized use of your user names, passwords, security questions and answers, or account identifiers. NetEase will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms.

User Contributions

Certain areas of the Site may include interactive areas or community features (“Interactive Areas”), that may allow you and other users to submit comments, questions, feedback, ideas, suggestions, or other information via the Site or otherwise (“Contributions”). You are solely responsible for your use of Interactive Areas of the Site and for any Contributions that you post, both of which are done at your own risk. NetEase takes no responsibility and assumes no liability for any Contributions posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. In addition, although NetEase has no obligation to monitor or screen Contributions posted in any Interactive Area, NetEase may edit or remove any Contributions on the Site at any time and for any reason without notice.

NetEase may make copies of user posted content and may also disclose content if required to do so by law if necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any user posted Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NetEase, its users and the public. NetEase and its designees shall have the right to remove any Content that violates the applicable laws, regulations, these Terms, or is otherwise objectionable in NetEase’s sole discretion.

With respect to all Content that you elect to post to any publicly accessible areas of the Service, you agree to give NetEase a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

NetEase has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. NetEase reserves the right to log off accounts that are inactive for an extended period of time and change these general practices and limits at any time, in its sole discretion, with or without notice. NetEase reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its Services(or any part thereof) with or without notice. NetEase shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. NetEase may terminate any account (or any part thereof) or use of our Services, and remove and discard any content within our Services, for any reason, including, without limitation, for lack of use or violations of Terms.

Contribution Guidelines

When you use NetEase website, software, and/or Services, you agree to comply with applicable law and to the following:

  • Provide true, accurate, current and complete information about yourself for any registrations and maintain and promptly update the above information to keep it true, accurate, current and complete;
  • NetEase is not liable for any loss or damage arising from your losses of account user ID and password;
  • Be responsible for all content that you upload, post, email or otherwise transmit via the NetEase Services;
  • NetEase does not control user generated content, as such, does not guarantee the accuracy, integrity or quality of such content;
  • Under no circumstances will NetEase be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service;
  • You will not upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable and you do not have the right to transmit;
  • You will not promote sexually explicit material;
  • You will not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • You will not advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights of any other person;
  • You will post any that content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
  • You will not post content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
  • You will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and observe the local applicable PR China laws and regulations;
  • You agree to indemnify and hold NetEase, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another;
  • You will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our service, use of our Services, or access to our Services;
  • You will not upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
  • You will not post any content that contains anything that, in the sole determination of NetEase, is objectionable or inhibits any other person from using or enjoying the Site, or which may expose NetEase or its users to any harm or liability of any kind.

Failure to comply with these contribution guidelines (“Contribution Guidelines”), as determined in NetEase’s sole discretion, constitutes a breach of these Terms. If you breach these Contribution Guidelines, we may take such action as we deem appropriate, including but not limited to: (i) terminating your right to use the Site; (ii) removal of any Contributions; (iii) taking legal action against you, in which case you agree that we may recover reasonable costs and attorneys’ fees; and/or (iv) disclosure of information to law enforcement authorities.

Copyright and Intellectual Property Infringement Complaints

Infringement Policy

Allegedly infringing materials on the Site may be removed or suspended in our discretion or as defined by law. Repeated infringement by a user of the Site may result in a termination of that user’s access to and use of the Site.

Notification to NetEase

If you believe that anything posted on the Site infringes any copyright that you own or control, please provide NetEase’s Copyright Agent with the following written information required under the Digital Millennium Copyright Act (DMCA):

Name, address, telephone number, e-mail address, and physical or electronic signature of the copyright owner, or someone authorized to act on the copyright owner’s behalf;

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
  2. A description of where the material that you claim is infringing is located on the Site, with enough detail that NetEase may find it;
  3. A written statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  4. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

NetEase’s Copyright Agent for notice of claims of copyright infringement on this Site can be reached by e-mail or as follows:
Email: copyright@netease-na.com
2000 Sierra Point Parkway, Suite 800,Brisbane,CA94005

Forward-Looking Statements

The contents of the Site may contain forward-looking statements that are based on management’s beliefs, assumptions, current expectations, estimates, and projections about the industry, the economy, and about NetEase itself. These statements are not guarantees of future performance and involve certain risks, uncertainties, and assumptions (“Risk Factors”) that are difficult to predict with regard to timing, extent, likelihood, and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, NetEase undertakes no obligation to update, amend, or clarify forward-looking statements, whether as a result of new information, future events or otherwise. Additional Risk Factors can be found in NetEase’s quarterly and annual reports on Form 6-K and 20-F.

Risk Factors include, but are not limited to, uncertainties relating to: changes in demand for NetEase’s Services; changes in consumer preferences; the degree of competition by NetEase’s competitors; changes in government and regulatory policies; changes in interest rates, tax laws, duties, or applicable assessments; technological developments; and changes in domestic or international economic conditions. These matters are representative of the Risk Factors that could cause a difference between an ultimate actual outcome and a forward-looking statement.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NETEASE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, NETEASE DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH: WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH NETEASE ENDEAVORS TO PROVIDE CURRENT, ACCURATE, AND RELIABLE INFORMATION ON THE SITE, IT DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITE.

Indemnification

As a condition of your use of this Site, you agree to indemnify and hold harmless NetEase, its subsidiaries and affiliates, and each of their respective officers, directors, employees, independent contractors, service providers, consultants, members, agents, agencies, third party partners, and advisors (individually and together, the “Indemnified Parties”), from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store, or otherwise transmit on or through the Site (including, without limitation, any Contributions) or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to any Contributions, your conduct, your violation of these Terms or any other NetEase terms, policies, or agreements available on or through the Site, or your violation of the rights of any third party.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETEASE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NETEASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SITE, SOFTWARE, AND/OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE, SOFTWARE, AND/OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, SOFTWARE, AND/OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR SITE, SOFTWARE, AND/OR SERVICES. NETEASE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION TRANSMITTED VIA OUR SITE, SOFTWARE, AND/OR SERVICES, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY COMMERCIAL TRADING OR INVESTMENT DECISIONS MADE BASED ON SUCH INFORMATION.

NETEASE RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Site, software, and/or Services, including payment related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that NetEase shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Choice of Law and Forum

These Terms shall be governed by and interpreted in accordance with the laws of People’s Republic of China, without giving effect to its conflict of law principles.

Dispute Resolutions

You and NetEase irrevocably consent to the exclusive jurisdiction and venue of the competent courts in Guangzhou, China for all disputes arising out of or relation these Terms.

Severability

If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.

Complete Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and NetEase relating to the Site and your use of the Site, and supersede any prior agreements or understandings not incorporated herein.

Termination

Notwithstanding anything in these Terms or on the Site, NetEase reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site or any other site operated by NetEase.

Modification

We reserve the right to change, edit, delete, or revise these Terms at any time, and such changes will be effectively immediately. If you object to such changes, your sole recourse is to cease using the Site. We will notify you of any changes or modifications by posting the modified Terms of Use on the Site and indicating at the top of the Terms of Use the date on which it was last updated. Your use of the Site after a change has been posted constitutes your acceptance of and consent to the amended Terms of Use.

Contact Us

Questions or comments about the Site may be directed to us by: (i) e-mailing copyright@netease-na.com; or (ii) writing us at the following address with your message:

2000 Sierra Point Parkway, Suite 800,Brisbane,CA94005

Please be sure to include in any e-mail or postal mail your full name, e-mail address, postal address, and any message.

 

Effective Date: March 26, 2015

This Privacy Policy applies to NetEase and its affiliates (collectively “NetEase,” “we,” or “us”) and to personal information that we may collect when you visit www.netease-na.com or use our online games and mobile games officially released in North America and related services (collectively, Services). This Privacy Policy explains the privacy practices for the NetEase Services and how we collect, use, and share personal information. This Privacy Policy does not apply to information you may provide or make available to us in other ways, such as when you contact us by e-mail or telephone or through other NetEase web sites or software not released in North America, including but not limited to those downloaded elsewhere but used in North America without NetEase’s written consent.

Below you will find information about the following:

  • Personal Information We Collect
  • How We May Use Personal Information
  • How We May Share Personal Information
  • Children
  • Cookies and Other Tools
  • Do Not Track Disclosure
  • Notice to California Residents
  • Links
  • Access
  • Security
  • Contact Us

Please note that NetEase reviews its privacy practices from time to time, and that those practices are therefore subject to change. We ask that you periodically review this page to ensure continuing familiarity with the most current version of our Privacy Policy. After reading this policy, if there are any further questions regarding NetEase privacy practices please feel free to address all inquires to privacy@netease-na.com.

Personal Information We Collect

NetEase operates a multi-dimensional web site. It offers its users an array of services including online games, mobile games, and relevant services. During registration, each service asks the user to provide certain types and amounts of personal information.

You provide us with your personal information when you communicate with us through the Services, including when you:

  • Register for an account;
  • Update your account;
  • Request technical service support;
  • Purchase products or services;
  • Enroll in subscription orders;
  • Subscribe to e-mail newsletters or updates; and
  • Make payments for items and advanced functions within a mobile application.

How We May Use Personal Information

NetEase collects personal information to make using the NetEase Services easier and more satisfying for its users. The goal of NetEase is to provide users with exciting, entertaining, and educational online experiences. This personal information facilitates us in achieving our goal.

Through good co-operation or even alliance with other reputable organizations of goodwill, NetEase has been dedicated to providing the best internet service to its users.

For example, we use personal information to provide products and services to you, communicate with you about those products and services, and enhance your experience on our web sites. Specifically, your personal information may be used to process transactions, respond to questions, maintain online accounts, send you information about products or services that may be of interest to you, analyze and monitor visitor activity on our web sites, provide product recommendations and reviews, comply with our legal obligations, and develop a knowledge base regarding users of our web sites.

We also use information you provide to better understand how our products and services impact you and to further develop and improve our products and services.

All users should be aware that, when they disclose personal information in a bulletin board, chat room, guestbook, or other forum, the information may be collected and used by others to send that person unsolicited email from other parties outside NetEase. In the event that you encounter any NetEase user who is improperly collecting or using information about you or other users, please contact privacy@netease-na.com.

How We May Share Your Personal Information

NetEase may share your personal information with others for a number of different reasons. We may share your personal information to fulfill your requests, to provide you with information regarding products and services of ours or those of others, to comply with law, and to enforce our rights. We also may share personal information among our affiliated companies and to our successors or any of our brands or businesses.

Examples of how we may share your personal information include:

With Service Providers, Business Partners, and Vendors: We may share personal information with designers, manufacturers, distributors, licensees, marketing and advertising partners, and parties that provide services for us. We also may retain other companies and individuals to perform services on our behalf, and we may collaborate with other companies and individuals with respect to particular products or services (collectively, “Providers”). Examples of Providers include data analysis firms, credit card processing companies, customer service and support providers, email and SMS vendors, web hosting and development companies, and fulfillment companies. Providers also include our co-promotion partners for products that we jointly develop and/or market with other companies. Some Providers also may collect information on our behalf through our Services. These third parties may be provided with access to personal information needed to perform their functions.

To Comply with Law or to Protect Our Rights: We may disclose your personal information as required by law, when we believe disclosure is necessary to comply with a regulatory requirement, judicial proceeding, court order, or legal process served on us, or to protect the safety, rights, or property of our customers, the public, or NetEase.

To Members of the Corporate Family: NetEase may disclose your personal information to our subsidiaries and affiliates, and their agents and employees.

In Connection with Business Transfers: If we sell or transfer a company business unit (such as a product line or one or more affiliated companies) to a third party, we may share your personal information with that party.

Children

Our Services are not designed to collect personal information from children who are under 13 years of age, and we do not intend to or knowingly collect such information.

Cookies and Other Tools

NetEase aids in offering its community users a simple, easy, and personalized web experience through the use of cookies. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. To make the log in process for the NetEase Virtual Community easier and faster, users have the option to save their ID and password in a cookie. The next time the user logs into a NetEase service, he/she will be able to use one-click instant access. Cookies help us determine the type of content and sites to which you link, the length of time you spend at any particular area of the NetEase site, and the NetEase services you choose to use. Cookies also tell us which advertising you have seen on our site. Essentially, cookies are your identification cards for the NetEase computers, or servers that placed them there. Cookies are only read by the server that placed them, and are unable to execute any code or virus. Cookies allow NetEase to serve you better and more efficiently, and to personalize your experience at NetEase’s web site. Nevertheless, you should be able to control how and whether cookies will be accepted by your web browser. For more information on how to do so, please refer to the documentation accompanying your browser. In essence, NetEase views the use of its cookies as a “luxurious tool” which enables its user to move freely from NetEase service to NetEase service without the hassle of having to “re-identify” themselves.

Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you’re online.

Do Not Track Disclosures

Do Not Track (“DNT”) is a privacy preference that users can set in their web browsers. When a user turns on DNT, the browser sends a message to websites requesting that they don’t track the user. At this time, we ignore these signals. We do not change our practices, described elsewhere in this Policy, in response to DNT browser settings or signals. In particular, even if you have turned on DNT, we and others will continue to collect information about you and your activity through the use of cookies, tracking pixels, and other Tools. For information about DNT, visit www.allaboutdnt.org.

Notice to California Residents

Under California law, California residents may request a list of all third parties to whom we have disclosed certain personal information (as defined by California law) during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and would like to receive such a list, please contact us at 2000 Sierra Point Parkway, Suite 800, Brisbane, CA 94005. For any such request, include the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. Please provide enough information for us to determine if this applies to you. You must also attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly or that do not have complete information.

Links

The NetEase Services may contain links to many other web sites or applications, such as advertising on the web site. NetEase is not responsible for the content or the privacy policy or practices of any other web sites or for the actions of the companies responsible for those web sites. Please review the privacy policies of those web sites before providing them with any personal information. Note that third parties may collect users’ personally identifiable information about users’ online activity over time and across different web sites when the users access our Services.

Access

NetEase strongly encourages its users to update and edit their personal information and keep it current. A NetEase community user can access and correct his/her personal information at any time. Users can edit and delete their personal information at their discretion.

Please keep in mind that whenever you voluntarily disclose personal information online through certain channel (for example on message boards, through email, or in chat areas), that information can be collected and used by others. NetEase will take no responsibility whatsoever caused by reasons said above. Since disclosure of personal information through certain channel may lead to disclosure of your personal information, we remind you to use caution before such disclosing.

Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you’re online.

Security

No security program is impenetrable, and criminals have proven adept at circumventing widely adopted security safeguards, so we cannot guarantee the security of personal information. Accordingly, you acknowledge that you provide personal information to us at your own risk.

Contact Us

Questions regarding this statement or the privacy practices of NetEase should be directed to the NetEase site coordinator at privacy@netease-na.com.

NetEase users also have the option of directly contacting the NetEase customer service department via telephone, fax, and/or standard mail.
Tel: 650-226-8635
Fax: 650-285-6281
2000 Sierra Point Parkway, Suite 800, Brisbane, CA 94005

USER AGREEMENT

Last Updated: March 4th , 2016

1 About these terms

  • 1.1 This agreement is entered into by and between you (“you” or “your”) and NetEase along with its representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents (collectively “NetEase”, “we”, “us” or “our”) in relation to our games and any related services, such as websites and mobile applications (together our “Game” or “Games”). You agree that by accessing and/or playing our Games, you are agreeing to these User Agreement and our Privacy Policy. Note that other NetEase websites, games, products and related services have their own User Agreement separate and apart from these Terms.
    In addition, when using particular Games, you may be subject to any posted guidelines or rules applicable to such Games which may be posted from time to time. NetEase may introduce new games from time to time and all these Games shall be subjected to these Terms.
  • 1.2 We can make changes to this agreement or our Privacy Policy from time to time. If you do not want to accept the changes, you may stop using our Games. Otherwise, your continued use of our Games shall confirm your acceptance of the updated agreement or Privacy Policy.
  • 1.3 Both you and the NetEase agree, with the limited exceptions noted below, to resolve all disputes between you and us through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
  • 1.4 YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

2 Access

  • 2.1 You are responsible for obtaining and maintaining necessary devices for playing our Games, including but not limited to mobile phones and pads, and for device fees, including but not limited to Internet fees, flow fees and electricity fees. You recognize that these fees are paid to third parties not relevant to this agreement and shall not incur any liability of us under this agreement.
  • 2.2 We have the right to modify our Games from time to time, which may block access to the Games for a period of time, or terminate this agreement, which means that you cannot play any of our Games any more, for any reason or no reason, with or without notice. We are not liable for any loss incurred by such modification or termination.

3 Accounts

    • 3.1 You shall establish an account with your true, accurate and complete personal information, and make sure that the personal information provided is up to date. If it is necessary for you to revise the personal information after you establish the account, please update your profile.
    • 3.2 Subject to the laws of your country of residence, minor children may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward (collectively, your “Child”) to use an account, you hereby agree to this agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you.
    • 3.3 You agree that you shall make necessary efforts to protect your account information and keep it confidential. You agree that you may not share your account with anyone, subject to Section 3.2.
    • 3.4 If you fail to keep your account information confidential, or if you share your account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.

3.5 Any and all risks of an unauthorized use of your account shall be solely born by yourself. We are not responsible for any loss or damage incurred by the unauthorized use.

  • 3.6 If we terminate this agreement in accordance with Section 2.2 above, we may delete your account with any and all records of your account in the game database, including but not limited to roles, levels, scores, Virtual Goods and/or Virtual Money (as defined below). These records are inaccessible by you after the deletion as they are unrecoverable. We will not refund you in the event of such a deletion.

4 Virtual Goods and Virtual Money

  • 4.1 Our Games may include virtual currencies such as coins, gold coins and points (“Virtual Money”) or items or services for use with our Games (“Virtual Goods”). You can buy Virtual Money or Virtual Goods from us for real money if you are at least eighteen (18) years old.
  • 4.2 We have the ownership of any and all Virtual Goods and Virtual Money. You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable license to use them without expectation of any stored value of them.
  • 4.3 Virtual Goods and Virtual Money can be used for so long as we operate a Game unless specially marked with duration or maximum charges. We may revoke the license to use them anytime if the duration expires or the maximum charges are reached. The duration will not be interrupted or paused for any reason.
  • 4.4 When you purchase Virtual Goods and Virtual Money, you shall be careful with special marks. If they are marked with “unmarketable” or “binding”, you may not transfer the Virtual Good or Virtual Money in any way once you purchase it, including but not limited to transaction, gift and exchange; if they are not marked with any special marks, you may transfer the Virtual Goods and Virtual Money by transaction, gift or exchange after you purchase them.
  • 4.5 You may not makes transactions of Virtual Goods or Virtual Money in any way once you purchase it, nor may you exchange Virtual Goods or Virtual Money for real money, goods or service. We may take actions against accounts, Virtual Goods or Virtual Money involved in transactions, or in exchanging Virtual Goods and Virtual Money for real money, goods or service, including but not limited to legal actions against you in the real world.
  • 4.6 You agree that all sales by us to you of Virtual Money and Virtual Goods are final and not refundable, unless applicable laws specify otherwise.
  • 4.7 We may change or remove any Virtual Money or Virtual Goods with or without cause at any time without any liability to you.
  • 4.8 We will not compensate you for any loss or make any refund to you resulting from your loss of any Virtual Money and Virtual Goods in case we suspend or terminate your account in accordance with this Agreement.

5 User conduct and content

  • 5.1 You must follow applicable laws of the jurisdiction where you are located when visiting our Games. If any applicable laws restrict or forbid you from playing our Games, you shall follow such restrictions or stop visiting and/or playing our Games.
  • 5.2 You promise that the all information provided to us by you when visiting or playing our Games is always true, accurate, and complete.
  • 5.3 You or other users may send, upload, communicate, transmit or provide in other methods, information, data, software, sound, photographs, graphics, video, tags, or other materials via our Games (“Content”). You, not we, are exclusively responsible for any and all Content that you may upload, communicate, transmit or otherwise make available via our Games, either published in public or sent in private.
  • 5.4 You agree to comply with applicable law and to the following, any violation, with or without prior notice from us, may result in action taken against actions your accounts, Virtual Goods or Virtual Money:
    5.4.1 You will not upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise;
    5.4.2 You will not promote sexually explicit material;
    5.4.3 You will not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
    5.4.4You will not advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights of any other person;
    5.4.5 You will not post any that content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
    5.4.6 You will not post content that will be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
    5.4.7 You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    5.4.8 You will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    5.4.9 You will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our service, use of our Games, or access to our Games;
    5.4.10 host, provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by NetEase in any way, for any purpose, including without limitation unauthorized play over the Internet, network play, or as part of content aggregation networks;
    5.4.11 You will not upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
    5.4.12 You will not post any content that contains anything that, in the sole determination of NetEase, is objectionable or inhibits any other person from using or enjoying the Games, or which may expose NetEase or its users to any harm or liability of any kind.
    Failure to comply with these contribution guidelines (“Contribution Guidelines”), as determined in NetEase’s sole discretion, constitutes a breach of these Terms.
  • 5.5 You agree that you will not:
    5.5.1 use our Games in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;
    5.5.2 create more than one account for one Game;
    5.5.3 use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the Game;
    5.5.4 register an account, play the Game or provide Content in the name of another person or entity;
    5.5.5 use our Games for any purpose other than a reasonable person is likely to believe is within the spirit of playing, specifically including without limited to commercial purposes;
    5.5.6 exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of NetEase; (b) for gathering in-game currency, items or resources for sale outside the Game; (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling; or (d) performing advertising or solicitations for a third party;
    5.5.7 use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Game or the service, including without limitation any software that reads areas of RAM used by NetEase for the Game to store information about a character or the game environment; provided, however, that NetEase may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
    5.5.8 access the Game from any Internet protocol addresses, computers or proxies that NetEase may prohibit in its sole and absolute discretion;
    5.5.9 facilitate, create or maintain any unauthorized connection to the Game or related services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by NetEase;
    5.5.10 remove or amend any patent notice, copyright notice or other ownership information from our Games;
    5.5.11 collect any information, other than reasonably necessary for playing the Games, of other users;
    5.5.12 sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Goods;
    5.5.13 broadcast, live-stream, record or permit the broadcast, live-streaming, or recording of the Game play, sound effect, background music, printscreen, or snapshot of the Game without our express prior written consent; or
    5.5.14 use our Games in any other way not permitted by these terms.
  • 5.6 We do not control any and all Content posted on our Games by other people and therefore we cannot represent or warrant the accuracy, integrity or quality of that Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Games.
  • 5.7 We have the discretion to remove uploaded Content from our Games for any reason or no reason at our sole discretion, including without limitation if Content conflicts with this Agreement or otherwise improper. However, we will not monitor any Content actively and we do not guarantee that we will delete any improper Content.

6 Your breach of these terms

  • 6.1 In case we reasonably find that you have breached this Agreement, we may take such actions as we deem appropriate, including but not limited to: (i) terminating your right to use the Games; (ii) removal of any Contents; (iii) taking legal action against you, in which case you agree that we may recover reasonable costs and attorneys’ fees; and/or (iv) disclosure of information to law enforcement authorities. Any breach of Section 5.4 or 5.5 of this Agreement may be deemed as a material breach.

7 Disclaimer

  • 7.1 THE GAME (INLUDING but not limited to THE GAME CLIENT AND MANUAL(S)) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING but not limited to ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN ADDITION, NETEASE DOES NOT WARRANT THAT YOUR USE OF THE GAMES, OR THE OPERATION OR FUNCTION OF THE GAMES, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH: WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE GAMES OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH NETEASE ENDEAVORS TO PROVIDE CURRENT, ACCURATE, AND RELIABLE INFORMATION ON THE GAMES, IT DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE GAMES.
  • 7.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETEASE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NETEASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR GAMES, AND/OR RELATED SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR GAMES, and/or RELATED SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR GAMES, and/or RELATED SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR GAMES, and/or RELATED SERVICES. NETEASE RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE GAMEs OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. In no event shall Netease’s aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Netease during the SIX (6) months immediately prior to the time such claim arose.
  • 7.3 We are not responsible for:
    7.3.1 losses or harm caused by any third party beyond our reasonable control, including but not limited to internet service providers, telecommunication companies, or governments;
    7.3.2 losses or harm that are beyond our reasonable foreseeability; or
    7.3.3 losses or harm caused by your breach of any of these terms and conditions.
  • 7.4 Jurisdictional Restrictions
    SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  • 7.5 Release
    If you have a dispute with one or more users of the Games, or with any party who provides advertising or third-party services, on, or through the Games, or with any party who provides a website linked to on the Games, you release us from claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code §1542 which says:
    “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR” and all other laws, statutes, or policies that have a similar rule or effect on waiver and release.
    You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any country, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.
  • 7.6 Indemnification
    You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including but not limited to any breach of these Terms. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

8 Intellectual property

  • 8.1 NetEase and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used during gameplay, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
  • 8.2 The Games and all content and software associated with them are our “Works.” They may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in the Games. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to reproduce our Works solely for your personal use in connection with using the Games. You may not otherwise reproduce (other than incidental reproduction required to run the Games on your device), distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Works or any adaptations thereof unless expressly set forth herein. Such conduct would, among other things, exceed the scope of your license and constitute infringement of our proprietary rights.
    As part of this license, you may not do any of the following:
    8.2.1 Copy the Games except a single backup copy;
    8.2.2 Sell, rent, lease, license, distribute or otherwise transfer or make our Works available to any other person, in whole or in part, or use the Works or any part thereof in any commercial context, including but not limited to use on a commercial website or as part of a commercial service;
    8.2.3 Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on our Works or any portion thereof, in whole or in part; or
    8.2.4 Remove, disable or circumvent any proprietary notices or labels contained on or within the Works or any portion thereof. The above described license is conditioned on your compliance with these Terms, and shall terminate upon the earlier of: (a) your breach of these User Agreement; or (b) our termination of these User Agreement. If you breach any provision, any license you have obtained will be automatically rescinded and terminated.
    When you download or otherwise copy our Works, you are not buying or being gifted copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to specific terms and conditions (the “Content License”). Under this Content License you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Content License and constitute copyright infringement. At the expiration of your Content License or the termination of these Terms, you will delete or otherwise dispose of all copies of Applications and Works in your possession.
  • 8.3 You may not interrupt us from providing our products or services normally, including but not limited to by attacking or invading our servers or making them overloaded; decoding or modifying the end-user software; making, publishing, spreading, or using any assistant tools or programs that affect the fairness of the Games in any way (including but not limited to “plug-ins”), exploiting or otherwise making use of bugs of the programs to prevent the Games from normal operation, or spreading the bugs; interrupting or preventing others from using products or services provided by us unreasonably.
  • 8.4 By submitting Content (as defined in paragraph 5.3) via our Games you:
    8.4.1 are representing that you are fully entitled to do so;
    8.4.2 grant us and our affiliate companies an exclusive, irrevocable, transferable, sublicensable right to use, modify, copy, publish your Content and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, forever and for free;
    8.4.3 agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us.
  • 8.5 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other player of our Games.
  • 8.6 If you believe that anything posted in the Game infringes any copyright that you own or control, please provide NetEase’s Copyright Agent with the following written information required under the Digital Millennium Copyright Act (DMCA):
    8.6.1 a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    8.6.2 identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
    8.6.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing URLs in the body of an email is the best way to help us locate the content quickly);
    8.6.4 information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted;
    8.6.5 a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    8.6.6 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    NetEase’s Copyright Agent for notice of claims of copyright infringement on this Site can be reached by e-mail or as follows:
    Chen Mei, Counsel
    Tel: +86-20-85106181
    Fax: +86-20-85106153#56181
    NetEase.Games.Legal@gmail.com
    NetEase Building, 16 Keyun Rd., Tianhe District, Guangzhou, China 510665

9 Privacy

  • 9.1 We will only collect, handle, use and share your personal information in accordance with our Privacy Policy and this Agreement. By playing our Games, you agree that we may collect, handle, use and share your personal information in this way. If you disagree with our Privacy Policy, you may not access to or play our Games.
  • 9.2 Some of our Games may be linked to social networks. You will be subject to the privacy policies of such social networks when they collect, handle, use or share your personal information. By allowing our Games to link to social networks, you agree to share the personal information submitted by you to the social networks. If you do not want to share such information, you shall not allow our Games to link to social networks.

10 Links

  • We may link to third party websites or services from our Games. These third parties are beyond our control. They may have their own terms of use or privacy policies, and it is your sole responsibility to deal with them, including but not limited to making payment to them and submit your information to them. We are not liable for any losses or damage incurred by you caused by them including but not limited to disclosure of your personal information.

11 Transfer

  • We may transfer all or a part of our rights or obligations under this Agreement to a third party without your permission. You may not transfer any of the rights or obligations under this Agreement without our prior permission in writing.

12 Entire agreement

  • This Agreement sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.

13 Severability

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

14 Waivers of our rights

  • The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by us.

15 Changes

  • We have the right to modify this Agreement unilaterally from time to time. You shall refer to currently operative version regularly. You agree the modification by continuing playing our Games. If you disagree with the modification, you must stop playing our Games.

16 Termination

  • Notwithstanding anything in these Terms or in the Games, NetEase reserves the right, without notice and in its sole discretion, to terminate your license to use the Games, and to block or prevent your future access to and use of the Games or any related service operated by NetEase.

17 Contact Us

  • Questions or comments about the Site may be directed to us by: (i) e-mailing NetEase.Games.Legal@gmail.com; (ii) calling us at +86-20-85106181 from 10:00 am to 5:00 pm Beijing Time (UTC+8), Monday to Friday and excluding all public holidays in China or Hong Kong; or (iii) writing us at the following address with your message: NetEase Building, 16 Keyun Rd., Tianhe District, Guangzhou, China 510665. Please be sure to include in any e-mail or postal mail your full name, e-mail address, postal address, and any message.

18 Governing law

  • These User Agreement between you and us 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 law rules. Except as otherwise stated in section 19 below, any dispute relating in any way to or arising under or out of your use of the Games or these User Agreement shall be adjudicated by binding arbitration by the China International Economic and Trade Arbitration Commission (CIETAC) Hong Kong Arbitration Center.. You hereby consent to personal jurisdiction and venue in CIETAC Hong Kong Arbitration Center..

19 Agreement to Arbitrate

  • REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION RELATING TO, ARISING UNDER OR OUT OF YOUR USE OF THE GAMES, INCLUDING ANY SALES MADE THROUGH THEM, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.Both you and NetEase agree, with the limited exceptions noted below, to resolve all disputes between you and NetEase through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.Both you and NetEase waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Games as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, which is discussed further below, is generally referred to herein as the class action waiver.)Jurisdiction and venue for any dispute shall be in Hong Kong Each party submits to personal jurisdiction and venue in that forum for any and all purposes. If this paragraph would render any other paragraph or provision of these Terms unenforceable, then jurisdiction and venue shall instead be in your home county of residence.The arbitration shall take place in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration, which can be found at http://cn.cietac.org/rules/rule_E.pdf.

    The arbitral award is final and binding upon both parties

    This arbitration agreement is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.

    The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

    Both you and NetEase waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in any statutes, laws or rules which may be otherwise applicable to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the entirety of this Dispute Resolution procedure shall be null and void.

    Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such program) as an alternative to proceeding with arbitration.

    Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court in Hong Kong (provided the claim otherwise qualifies for such program) as an alternative to proceeding with arbitration.

    You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following. Within 15 days of making your first purchase from NetEase, you must send a letter to NetEase Building, 16 Keyun Rd., Tianhe District, Guangzhou, China 510665 that specifies (1) your name, (2) your account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. All other Terms shall continue to apply to you and your account, including the requirement to participate in pre-dispute mediation. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.

20 Miscellaneous

  • 20.1 No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
  • 20.2 Except as otherwise expressly provided in these User Agreement, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, NetEase representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents are intended third-party beneficiaries.
  • 20.3 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
  • 20.4 The headings in these User Agreement are for convenience only and have no legal or contractual effect.
  • 20.5 “Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.