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.
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.
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.
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.
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
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;
- A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site, with enough detail that NetEase may find it;
- 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
- 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:
2000 Sierra Point Parkway, Suite 800,Brisbane,CA94005
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.
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.
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.
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.
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.
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.
Questions or comments about the Site may be directed to us by: (i) e-mailing email@example.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.