TERMS OF SERVICE FOR ONLINE SERVICES FOR PATHEA GAMES
Last Updated: 2022-09-23
Thank you for choosing the products or services as offered by Pathea Co., Ltd. and its affiliates (including but not limited to Chongqing Zheergen Co., Ltd. and Logoi Co., Ltd., and hereinafter collectively referred to as “the Company” together with “Pathea“).
Pathea will strictly obeys the law of the People’s Republic of China and try the best to protect minors health, create a green online game environment,and provide better service. At the same time, Pathea also reminds you to resist bad games, refuse pirated games, pay attention to self-protection, and beware of being deceived. Playing games in moderation is benefit for the brain, and being addicted to games will hurt the body. Please arrange your time properly and enjoy a healthy life.
These Terms of Service (hereinafter referred to as the “Agreement” or “TOS”) shall apply to any matters between Players, as defined in the Agreement, and Pathea Co., Ltd. (hereinafter referred to as the “Company”) of the use of online services (hereinafter referred to as the “Services”) for the game software. Players shall use the Services in accordance with the TOS. Should any Player fail to consent to the TOS, such Player may not use the Services. Players shall be deemed to have consented to the TOS when using the Services.
Please carefully and fully read this Agreement, especially the terms about exempting or limiting the obligation of Pathea (hereinafter referred to as the “Disclaimer Terms”), limiting the rights of Users (hereinafter referred to as the “Restriction Terms”), dispute resolution and jurisdiction. The foregoing terms may be bold, colored or otherwise reasonably indicated to your attention. Please read the foregoing terms again before confirming this Agreement or using the Game Services of the Pathea company.
If you download Pathea Games from third party platform (such as Apple iTunes, Google Play, Steam or WeGame, etc.), in addition to this Agreement, the terms of the platform regarding the completion of transaction shall also apply.
If you are under the age stipulated by the applicable laws and deemed as child under such lows or if you don’t have full capacity for civil act, you could be only allowed to access the game after you accompanied by your guardian to read and accept all terms of this agreement.
1. DEFINITIONS AND INTERPRETATIONS
Unless otherwise stated, the corresponding terms herein shall have the following meanings:
1.1 “Pathea” or “Gaming Service Provider” means Pathea Co., Ltd. and its affiliates ((including but not limited to Chongqing Zheergen Co., Ltd. and Logoi Co., Ltd.).
1.2 “Agreement” means the formal text hereof, specific Gaming Rules and their amendments, which, once officially released, shall constitute integral parts of the Agreement.
1.3 “Gaming Rules” mean user codes, player rules, game announcements, notes, notices and other contents as released or amended by Pathea from time to time.
1.4 “Pathea Games” mean all the games as released or operated by Pathea, including computer app games, online games, HTML5 games (or H5 games), mobile terminal games, TV terminal games and other forms of games.
1.5 “Pathea Gaming Services” mean various operating services relating to the aforesaid Pathea Games as offered to you by Pathea and/or its authorized operators, which includes Pathea Gaming Software.
1.6 “you“, “player” or “user” means a natural person who installs and uses Pathea Gaming Software or accepts Pathea Gaming Services subject to his obtainment of an authorization for non-commercial use from Pathea through lawful means.
1.7 “Gaming Data” mean various data generated in the course of your use of Pathea Games and recorded by the servers, including but not limited to all the data such as account information, role data, Virtual Items data and behavior logs.
1.8 “In-game Virtual Props” mean any service stored in a server enabling the operation of a gaming program, which may achieve a particular function as set by such gaming program or demonstrate a particular effect of the operation of such gaming program, and which may be shown in texts, graphics or other digital forms. The In-game Virtual Props are a part of the gaming services, and common In-game Virtual Props include but are not limited to the followings:
(1) Gaming Tokens and other gaming coins, out of which, “Gaming Tokens” mean a kind of In-game Virtual Prop that is directly or indirectly bought by a user with the legal tender and stored in specific game servers, aiming to exchange for the designed virtual props and other value-added services in the underlying game;
(2) Gaming equipment, such as gaming weapons;
(3) Heroes, skin and other In-game Virtual Props.
2. STATEMENT ON INTELLECTUAL PROPERTY RIGHTS
2.1 Pathea is the owner of all the intellectual property rights in Pathea Games, and/or has obtained lawful authorizations from the lawful right-holders, therefore, it has the right to provide a user with the games and/or gaming services. All the copyrights, trademark rights, patent rights, trade secrets and other intellectual property rights in Pathea Games (including but not limited to Pathea Games in their entirety and all the contents, components or elements thereof), and all other lawful rights and interests to operate Pathea Games, as well as all the information relating to Pathea Games (including but not limited to texts, pictures, audios, videos, diagrams, interface designs, page layouts, software, Game Gurrency, In-game Virtual Props, related data or electronic files) are protected by the laws of the People’s Republic of China and the international treaties to which the People’s Republic of China has acceded and signed, and Pathea shall enjoy the aforesaid rights and interests, except any rights which may be enjoyed by a relevant right-holder in accordance with the laws of the People’s Republic of China.
2.2 The ownership of all kinds of in-game virtual props and Gaming data belongs to Pathea, and users can only use it in accordance with laws and the provisions of this Agreement and the rules of the game.
2.3 In the absence of a prior written consent from Pathea, you shall not use Pathea Games (including but not limited to Pathea Games in their entirety and all the contents, components or elements thereof) for commercial purposes in any ways or disseminate their game contents over the internet.
2.4 For the Gaming Data generated from your use of Pathea Gaming Services, the ownership rights, intellectual property rights, as well as other related rights and interests therein shall belong to Pathea, and Pathea shall have the right to keep and dispose such Gaming Data, unless the laws and regulations of the People’s Republic of China have otherwise provided for.
2.5 For the purchase records for a user’s purchase of the game-related virtual money, Pathea’s retention period will be subject to relevant domestic laws and international policies. For any other Gaming Data, Pathea shall determine their retention period on its own, unless the laws and regulations of the People’s Republic of China have otherwise provided for.
2.6, and the words “Pathea” and “Pathea in the Chinese” as shown in Pathea Gaming Services, as well as texts and logos as used in any concrete services for identifying such service’s name or origin (including names, logos and icons of Pathea Gaming Services, as well as names, logos and icons of the developers of Pathea Games and Pathea Gaming Software) shall be the trademarks or registered trademarks in the People’s Republic of China and/or other countries/regions belonging to Pathea and/or its affiliates.
2.7 Pathea Gaming Services may involve a third-party intellectual property right, and in case of any requirement from the relevant third party relating to your use of such intellectual property right in Pathea Gaming Services, Pathea will inform you of such requirement in a proper way, and you shall comply with such requirement.
2.8 Where Pathea Games have the functions or services through which you may produce, create or upload any contents, then for any contents that has been produced, created, uploaded or released by you, you shall ensure their lawfulness and that the same will not infringe on any other party’s lawful rights and interests, and you shall also undertake that such content will be free from any of the followings:
(1) Any content that is against the basic provisions as formulated in the Constitution of the People’s Republic of China;
(2) Any content that endangers the People’s Republic of China’s national security, honors or interests;
(3) Any content that endangers the People’s Republic of China’s national unity, sovereignty or territorial integrity;
(4) Any content that incites national splittism, sabotages unity among ethnic groups, or undermines the customs and traditions of ethnic groups;
(5) Any content that divulges national secrets;
(6) Any content that propagates cults, obscenity, superstitions, pornography, gambling or violence, or abets crimes;
(7) Any content that violates public morals or the fine cultural traditions of the Chinese nationality;
(8) Any content that insults or slanders any other persons, or infringes on the lawful rights and interests of any other persons;
(9) Any content that engages in commercial activities or commercial sales, including transmission of any commercial advertisements or solicitation;
(10) Any other content that is prohibited by the laws, administrative regulations and rules of the People’s Republic of China.
Where Pathea believes that any contents as produced, created or uploaded by you contains the aforesaid contents, it may block or delete such content, and you shall be solely liable for any inconveniences and losses to be brought to you thereby.
In addition, for any of the foregoing contents as produced, created or uploaded by youself, you agree that:
(1) If such content contains any contents of Pathea Games (including but not limited to Pathea Games in their entirety and all the contents, components or elements thereof) and/or other contents that Pathea owns the intellectual property rights therein, then your use of such content for any commercial purposes shall be subject to Pathea’s written authorization, and shall comply with corresponding laws, regulations or policies.
(2) For the foregoing contents, you agree to irrevocably authorize Pathea to use the same in any ways (“use“ includes but is not limited to reproduction, distribution, leasing, exhibition, performance, broadcast, modification, adaptation, dissemination over the internet and other forms of use, and also includes commercial or non-commercial use, within or beyond an underlying game, hereinafter collectively referred to as “the Usage Right“), and to authorize Pathea to reauthorize or sublicense the aforesaid Usage Right to any third party. You undertake that such use by Pathea will not infringe on the intellectual property rights as well as other lawful rights and interests of any third party.
(3) For the foregoing contents, you may only display the same within Pathea Games and on any other platforms as recognized by Pathea or use the same in a way as recognized by Pathea, and shall not unilaterally carry out commercial disseminations of the same on any other platforms or authorize any third party to do so in the absence of Pathea’s permission, or unilaterally make publications, commercial profits, secondary derivatives and other usage of the same or authorize any third party to do so. In case of your breach of this Subclause (3), Pathea will reserve it right to prosecute according to the law.
(4) For the foregoing contents, you irrevocably authorize Pathea to safeguard its lawful rights against any infringement on the lawful rights and interests in such contents on its own name or by commissioning a professional third party, and the forms of which include but not limited to monitoring on an infringement, giving of a right-safeguarding letter, institution of an action or arbitration, and making of a mediation or settlement; Pathea shall have the right to make any decisions on such right-safeguarding issues and implement the same independently.
(5) For the foregoing contents, where you are entitled to the moral rights therein such as the right of publication, the right of authorship, the right of alteration and the right of integrity according to the copyright law and other laws, you agree that Pathea may itself determine whether to grant you a name credit and in what way according to specific circumstances or usage scenarios, and you will not claim your moral rights such as the right of publicaton, the right of authorship, the right of alteration and the right of integrity against Pathea due to its use of the same according to the terms hereof.
Protecting user information and privacy is a basic principle of Pathea.
Pathea will not disclose or modify the user registration information and non-public content stored in Pathea’s various services, unless it is believed that it is necessary to disclose such information on the basis of good faith, including but not limited to the following circumstances:
3.1 To comply with relevant laws and regulations, and/or when inquired by relevant state authorities.
3.2 Maintain and safeguard Pathea intellectual property rights and other important rights.
3.3 In emergency situations, we will strive to maintain the privacy and security of individual users and the public.
4. FORCE MAJEURE
Pathea shall not be liable for any losses due to a force majeure event. For the purpose of this Agreement, “force majeure events” include act of nature; change in laws, regulations or government orders; factors attributable to the features of the internet service such as failures of basic telecommunication operators at home and abroad, technical defects relating to computers, terminal devices or the internet, restrictions on the internet coverage, viruses in computers and terminal devices, hacker attacks; and other objective situations at law that are unforeseeable, unavoidable and unsurmountable.
5. ALTERATION, INTERRUPTION, SUSPENSION AND TERMINATION OF SOFTWARE AND SERVICES
Pathea reserves the right to modify the terms of this Agreement if necessary by giving notice on the relevant web pages. Users can view the latest version of the terms of agreement on the official website of Pathea and/or the important in-game page of Pathea Game. Please check the relevant content regularly. If users continue to log in to the game or use the services covered by this Agreement after the terms of this Agreement are changed, users shall be deemed to have accepted the modified Agreement; If the user does not accept the modified agreement, he/she shall stop using Pathea Game Services.
6. RIGHTS AND OBLIGATION
6.1 Usage License and Restrictions on the Gaming Software
6.1.1 Subject to a user’s consent to and acceptance of all the terms hereof, Pathea agrees to grant him a personal, non-commercial, non-profit-making, revocable, replaceable, non-exclusive, non-transferrable and non-sublicensable right to use Pathea Gaming Software and Pathea Gaming Services; you may only download, install, log onto and use Pathea Games on your terminal devices within the scope of the aforesaid authorization, and may only operate the lawful copies of Pathea Gaming Software in a manner as designated by Pathea and enjoy the services as offered by Pathea.
6.1.2 Unless otherwise provided for herein, a user shall not engage in any of the following acts (for commercial or non-commercial purposes) in the absence of a prior written consent from Pathea:
(1) To reproduce, translate, de-compile, disassemble, disseminate and display, in whole or in part, any programs, user manuals, as well as other graphics and audio/visual materials of Pathea Gaming Software, or to conduct reverse engineering on any functions or programs of Pathea Gaming Software;
(2) To publicly exhibit and display, in whole or in part, Pathea Games and/or Pathea Gaming Services;
(3) To lease, sell Pathea Games and/or exploit Pathea Games for any profit-making or non-profit-making purposes;
(4) To modify or cover any service names, corporate logos, trademark or copyright information and other intellectual property right notices on the programs, images, animations, packages and manuals of Pathea Games;
(5) To circumvent or attempt to circumvent any security measures in the Service; and/or
(6) Any other acts that is in violation of the trademark laws, copyright laws, ordinances on the protection of computer software as well as related laws and regulations, and any applicable international treaties.
6.2 Pathea prohibits a user from engaging in any of the following acts that undermine the safety of its internet-based services, including, without limitation:
6.2.1 In violation of the good faith principle in any ways, a user infringes on accounts, roles, virtual money, Virtual Items, virtual props as well as other rights and interests in which any third party owns the Usage Right, through directly or indirectly organizing, urging, stealing, possessing, picking, purchasing, reselling or otherwise;
6.2.2 A user actively or inactively assists others in infringing on the rights and interests of any third party;
6.2.3 A user is prohibited from conducting any irrelevant acts through exploiting Pathea Gaming Services, including, without limitation:
(1) A user’s use of the internet service system for any illegal purposes or any other purposes that is not directly associated with the services or products as offered by Pathea Games, including but not limited to purchase and sale of accounts, roles, virtual money, virtual props or Virtual Items, promotion of gambling or illegal lottery;
(2) In the absence of Pathea’s authorization, a user accesses or try to access any accounts, computers or networks relating to the internet-based services as offered by Pathea Games;
(3) In the absence of Pathea’s authorization, a user collects the information of any other users in any ways through exploiting the internet-based services as offered by Pathea Games, including but not limited to such other user’s personal identity information and communication information;
(4) A user downloads, installs or uses any other internet-based services or products as developed and officially released without Pathea’s authorization;
(5) A user receives or downloads any materials as unlawfully disseminated by any other users of Pathea Games;
(6) A user conducts any acts that may adversely affect the normal operation of the internet through exploiting the internet-based services as offered by Pathea Games, including but not limited to his transmission in any ways of any files containing computer viruses or detrimental programs, or any software or programs that may adversely affect the normal operation of the internet of any third party;
(7) A user transmits any harassing, slanderous, insulting, threatening or obscene information, or any other unlawful information through exploiting the internet-based services as offered by Pathea Games;
(8) A user conducts any acts that is adverse to Pathea Games through exploiting the internet-based services as offered by Pathea Games;
(9) A user conducts any money-laundering activities, cashes out from a payment card, or buys or sells any unlawfully acquired virtual money, or conducts any other illegal acts through exploiting the Pathea Gaming Services system;
(10) A user publicly releases any adverse statements relating to Pathea Games and related services.
Once discovered through Pathea internal monitoring procedures or reported by others that users may be engaged in the above behaviors, Pathea has the right to make independent judgments and take corresponding measures, including but not limited to restricting the login of user accounts, restricting users’ activities in the game, terminating the software authorization, deleting items related to copying (including copied virtual items and virtual items involved in copying), deleting the user’s account and ask the user to compensate for the losses caused to Pathea due to the above behavior.
6.3 User’s Rights and Obligations
6.3.1 A user shall, at his own costs, equip, install, use and operate Pathea Games, or the equipment as required by Pathea Gaming Services, i.e., the terminal devices.
6.3.2 A user shall, at his own costs, assume the phone charge, cost of internet usage and other expenses as paid for his internet access in connection with the aforesaid services.
6.3.3 A user shall abide by the Agreement, the game conventions as well as other rules and mechanisms as issued by Pathea (including but not limited to the terms of service to which you’ve agreed by clicking the “Agree” button, as well as other agreements, user codes, player rules, game rules, game announcements, notices and other contents as released by Pathea on its official website or within the games, as amended from time to time); and a user shall abide by relevant laws and regulations of the People’s Republic of China (if you are a user located outside of the territories of the People’s Republic of China, you shall abide by the laws and regulations of the country or region where you are in).
6.3.4 A user shall fully understand and agree that Players shall use the Services at their own responsibility.and if any Player causes any loss or damage to another or the Company when using the Services, the Player shall pay damages therefor at his/her own expense and responsibility.
6.3.5 A user shall avoid making Pathea involve in any political or public events due to his use of Pathea Gaming Services, otherwise Pathea shall have the right to suspend, discontinue or terminate any services to you. In addition, Pathea shall have the right to immediately stop its provision of all or part of its services to all your accounts as registered with Pathea, and you shall independently be liable for all the liabilities thereof.
6.4 Pathea’s Rights and Obligations
6.4.1 Pathea agrees to provide Players with Pathea Gaming Services according to the Agreement through the internet.
6.4.2 Pathea reserves the right to release advertisements (including commercial and non-commercial advertisements) to its users through Pathea Gaming Software and Pathea Gaming Services.
6.4.3 The User acknowledges and agrees that Pathea is entitled to set up, add and modify value-added services and issue virtual currency in the Services as required.
(1) Pathea may offer you the ability to: (a) purchase a limited license to use in-game currency (“Purchased Game Currency”); (b) earn a limited license to use in-game currency by performing specified tasks in the Services (“Earned Currency” together with the Purchased Game Currency, “Game Currency”); and/or (c) earn a limited license, and/or purchase a limited license with Game Currency, to virtual goods and services made available by Pathea in the Services (collectively, “Virtual Items”). If Pathea offers the ability to purchase or earn such licenses, Pathea hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to use Game Currency and Virtual Items, as applicable, for your personal, non-commercial use exclusively in the Services, subject to the terms of this Agreement and your compliance therewith.
(2) Game Currency may only be redeemed for Virtual Items for use in the Game and neither Game Currency nor Virtual Items are redeemable for money, any thing of monetary value, or for any monetary equivalent from Pathea or any other person or entity, except as otherwise required by applicable law. Game Currency and Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither Pathea nor any other person or entity has any obligation to exchange Game Currency or Virtual Items for anything of value, including, but not limited to, real currency. You acknowledge and agree that Pathea may engage in actions that may impact the in-game attributes or perceived value of Game Currency and/or Virtual Items at any time, except as prohibited by applicable law. Pathea, in its sole discretion, may impose limits on the amount of Game Currency that may be purchased, earned, or redeemed. All purchases of Purchased Game Currency are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise agreed herein.
(3) You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Game Currency or Virtual Items except in the Service and as expressly permitted by Pathea. Except as otherwise agreed herein, Pathea reserves and retains all rights, title, and interest in and to the Game Currency and Virtual Items.
(4) The licenses granted hereunder to Game Currency and Virtual Items will terminate upon termination of this Agreement and/or as otherwise time provided herein.
7. REGISTRATION, USE AND CARE OF USER ACCOUNT
7.1 A user undertakes that he/she will register or login his/her account or any other accounts as recognized by Pathea (hereinafter referred to as “the Accounts“) with his/her true, lawful, accurate and valid identity information as well as other related information, and that he/she will accept Pathea Games and experience Pathea Gaming Services through such Accounts, and will not register an account under his/her real name with any other person’s identity information.
7.2 You fully understand and agree that to determine or verify the truthfulness or validity of relevant information for real-name registration or account provided by you, Pathea shall have the right to convey the information from you to a third party for re-organization, retention, comparison and other processing. In addition, Pathea will, according to relevant requirements of the People’s Republic of China, apply your information to the anti-addiction system, i.e., Pathea may, according to your information, determine whether you are a minor and your age group, whether the information from you is compliant or whether your real-name authentication is accepted, so as to decide whether to impose any anti-addiction restrictions on your gaming accounts.
7.3 Pathea shall have the right to examine the truthfulness and validity of your identity information as provided at the time of registration, and shall actively adopt reasonable technical and management measures to ensure the safety and validity of a user account; and you shall be obligated to take a proper care of your use account and password, and correctly and safely use your own accounts and passwords. If you fail to fulfill the custody obligations above resulting in your account password loss and/or your account compromised, you shall be liable for all damages caused to you or others.
7.4 You shall, according to the law, enjoy the rights and assume the liabilities relating to any acts through the user account as held by you.
7.5 Once you become aware of any unlawful or irregular use of your user account or password by others, you shall immediately deal with the same according to the dealing methods as issued by an account service provider, and you shall have the right to timely notify Pathea to take any measures to suspend any login and use of such user account.
7.6 Where Pathea takes measures to suspend the login and use of a user account according to a user’s notification, Pathea shall have the right to request such user to provide his/her valid personal identity information or proofs that are consistent with his/her registered identity information, and Pathea shall have the right to carry out further verifications thereon.
7.7 Upon Pathea’s verifications, where it is found that the valid personal identity information or proofs as offered by a user are consistent with his/her registered personal identity information, Pathea will take corresponding measures according to requirements of such user or the concrete situations (including but not limited to taking measures to suspend the login and use of the user account). Where there is any loss to such user or any other users due to Pathea’s corresponding measures as taken at such user’s request, the user concerned shall solely be liable for such loss.
7.8 Where a user fails to offer his/her valid personal identity information or proofs, or his/her valid personal identity information or proofs as offered are inconsistent with his registered personal identity information, Pathea shall have the right to refuse any requests from such user, and the user concerned shall solely be liable for any loss to be caused to him thereby.
7.9 For safeguarding his/her lawful rights and interests, where a user offers his/her valid personal identity information that are consistent with his/her registered identity information, then Pathea shall, upon its verifications on the same, provide such user with the Certificate of Registered User and the Original Registration Information, as well as any other assistance and support according to the law, and if required, Pathea shall provide the administrative and judicial organs with relevant evidences and information.
7.10 You fully understand and agree that to efficiently utilize the server resources, where a user fails to log onto a game for a period of 365 consecutive days, then from 24 hours on the 365th day and subject to an advance notice, Pathea shall have the right to take measures to delete his user account and any records for such user account in the gaming database (including but not limited to his role, level, Virtual Items, virtual money and other data).
8. IMPROPER GAMING BEHAVIORS
8.1 Users are prohibited from engaging in improper gaming behaviors and shall bear the responsibilities related to their game activities and the information content published by their accounts. In particular, the user shall not use Pathea Games or Services to release or spread sensitive information or information which in violation of laws and regulations, policies and/or social ethics. The names of game characters and organizations established by users shall not contain sensitive characters or characters that violate laws, regulations and/or policies. Improper gaming behaviors includes but is not limited to as follows:
(1) Any distribution information that is against the basic principles as established by the Constitution of the People’s Republic of China;
(2) Any distribution information that endangers the People’s Republic of China’s national security, divulges national secrets, subverts the state power, or sabotages the People’s Republic of China’s national unity;
(3) Any distribution information that jeopardizes the People’s Republic of China’s national honors or interests;
(4) Any distribution information that distorts, defames, desecrates or denies the deeds and spirits of heroes and martyrs, and/or infringes upon their names, portraits, reputations and honors by insulting, slandering or otherwise;
(5) Any distribution information that promotes and incites terrorism and extremism;
(6) Any distribution information that incites hatred or discrimination among ethnic groups, or sabotages unity among ethnic groups;
(7) Any distribution information that jeopardizes the People’s Republic of China’s religious policy, or propagates cults or superstitions.;
(8) Any distribution information that disturbs social order, or undermines social stability;
(9) Any distribution information that obscenity, pornography, gambling, violence or terror, or abets crimes;
(10) Any distribution information that insults or slanders any other persons, or infringes on the lawful rights and interests of any other persons;
(11) Any distribution information that advocates or urges the use of tag-on services, private servers, Trojan horses or related contents;
(12) Any content that counterfeits, copy or fabricates the names and logos of political party, government, military organs, enterprises, public institutions, people’s organizations and other organizations;
(13) Any content that counterfeits, copy or fabricates the names and logos of news media, or using the name information of news, reports, newspapers, or the like with the news attribute without authorization;
(14) Any content that counterfeits, copy or associates with geographical names and signs of important Spaces such as administrative regions of the state, the locations of institutions, landmark buildings, etc.;
(15) Any distribution information include QR codes, urls, email addresses, contact information, etc., or using homophones, homophones, similar words, pinyin, numbers, symbols, letters to infringe on the legitimate rights and interests of others, seek illegal interests or harm public interests;
(16) Any distribution information that propagandizes and abets other players to refund, or /and publishing refund advertisements, or/and implementing refund behaviors on behalf of players;
(17) Any distribution information include game leveling, unofficial information trading platform, gambling(such as lottery), phishing site, fake web site, the prohibited category information (such as illegal drugs, guns, explosions, crossbow, bomb making, police or military weapons and equipment information, surrogate exams, sold test answers, do false evidence, acting invoice, counterfeit money, bug, stealth headset, pinhole cameras and other products that countries prohibit to sale,etc.) And any website/homepage address or software that are considered inappropriate by Pathea or are disapproved by Pathea;
(18) Any distribution information that derogatorys, defames or malicious attack on Pathea games software, Pathea and its affiliates, partners, employees;
(19) Any distribution information that violates public order, good customs and social ethics;
(20) Any other behaviors that is prohibited by the laws, regulations or relevant policies of the People’s Republic of China.
8.2 In order to avoid damaging the fairness of the game, the user agrees that he/she can only interact through the Pathea Gaming Software and Pathea Services, and trade the in-game virtual props on Pathea and/or on the trading platform (if any) approved by Pathea. Users are not allowed to use Pathea Game Software and Pathea Services for financial gain. Any game behavior for the purpose of making profits or obtaining real benefits outside the game, as well as trading in-game virtual props that may disrupt the balance or order of the game will be considered as improper trading behavior. Pathea has the right to deal with this behavior according to this Agreement and the rules of the Game. Improper trading behavior include but are not limited to:
(1) conducting offline transactions of in-game virtual props or make similar statements;
(2) acting as an intermediary for the transaction of in-game virtual props in the game, and collecting fees or other benefits;
(3) trading in-game virtual props on trading platform which not provided or explicitly approved in advance by Pathea;
(4) making profits by selling in-game virtual props at a price far higher or lower than the reasonable price of the his/her service area. The reasonable price can be the normal transaction price or average transaction price of in-game virtual props of the same kind (classified by the name, without considering the specific attributes) on the relevant server in the same period (it may be 7-30 days when the transaction record of similar virtual props is available, or such period as deemed appropriate by Pathea). It may also be the guidance price or any other similar price (if any) issued in advance by Pathea;
(5) utilizing one or more accounts and/or game role ids on one server or multiple servers to produce and/or trade in-game virtual props for profit, including but not limited to selling the virtual props of the role after buying it, even if such transactions are carried out or completed through a trading platform provided or expressly approved by Pathea;
(6) completing tasks in the game repeatedly, and/or implementing single or serial production of in-game virtual props or use other gameplay, and then sell the obtained in-game virtual props for profits (including the in-game virtual props which be assembled to a specific account in the form of trading, donation, etc.), even if such transactions are conducted or completed through the trading platform provided or explicitly approved by Pathea;
(7) obtaining in-game virtual props only for sale without paying attention to the improvement of the character’s strength and the multiple skills, and cultivation and the equipment of the character are quite falling behind the character’s level;
(8) utilizing game or in-game organization to conduct illegal and criminal behaviour such as participate in gambling, implement or participate in the theft, fraud of other people’s property or in-game virtual props;
(9) Other misconduct widely recognized in the industry or justified by judicial adjudication, whether or not it has been specifically enumerated in this Agreement.
8.3 The User understands that the use of third-party software (including scripts, including but not limited to quick macro) or hardware may have adverse effects on the game program, user equipment and game experience. The adverse effect is including but not limited to slow data transmission, frequent disconnection or lagging, virus infection of user devices, intrusion of spyware or other unknown programs, and disclosure of information (such as account numbers and passwords). Pathea shall not be liable for any adverse effects caused by the use of third party software or hardware.
8.4 If the user dose not participate in fraud or theft behavior, but the in-game virtual props are obtained by others through fraud and theft or behaviors in violation of laws, regulations and the terms of this Agreement, no matter how the user obtains the relevant in-game virtual props (including but not limited to accept donative, buying and selling, etc.) , Pathea has the right to withdraw the in-game virtual props in question at its sole discretion for safeguard the legitimate rights and interests of other users and the order of the game.
8.5 User should acknowledge and agree that if he/she uses legal tender to recharge, purchase or exchange virtual props, obtain other in-game virtual props or value-added services, the relevant transaction will be completed immediately, and all consumption mentioned above will not be returned or converted into legal tender, except as otherwise mandatory rules specified by law.
8.6 After the user successfully recharge to obtain the right to use in-game virtual props or value-added services (hereinafter referred to as “recharge income”), if any refund occurs under special circumstances, the user shall immediately notify Pathea , and Pathea could refund after deducting the corresponding recharge income. Pathea also has the right to deduct the corresponding recharge income by itself without notification. If the user’s account is not enough to deduct, Pathea has the right to claim for compensation separately.
8.7 Once discovered through Pathea internal monitoring procedures or reported by others that users may be engaged in the above behaviors, Pathea has the right to make independent judgments and take corresponding measures such as restricting the login of user accounts, restricting users’ activities in the game, terminating the software authorization, deleting items related to copying (including copied in-game virtual props and in-game virtual props involved in copying), deleting the user’s account and asking the user to compensate for the losses caused to Pathea due to the above behavior.
9.1 Pathea Gaming Services are offered to you on an “as is” basis, and Pathea does not guarantee that Pathea Gaming Services are free from any errors, will not be interrupted, all defects have been corrected, or that Pathea Gaming Services will be immune from any viruses or any other factors; unless otherwise expressly provided for by the law, Pathea hereby expressly represents that it will not assume any express or implied warranties, including but not limited to any warranties on the performance, suitability or non-infringement of Pathea Gaming Services.
9.2 Pathea shall, under no condition, be liable for any losses as may be incurred to you during your use of Pathea Gaming Services due to a force majeure event. The said force majeure event may include but is not limited to the laws, regulations and policies of the People’s Republic of China, orders of the state organs, or other events such as earthquake, flood, snowstorm, fire, tsunami, typhoon, strike and war which are unforeseeable, unavoidable and unsurmountable.
9.3 Pathea may, without giving any advance notice to you, independently decide to change, terminate or suspend your use of any of Pathea Gaming Services at any time, unless the same shall be notified in advance according to the laws and regulations or an agreement with Pathea. Where Pathea reserves the right to terminate or discontinue your use of any Pathea Game Services at its sole discretion due to your violation of the laws and regulations or the Agreement, Pathea shall not be liable to you for any liability, but shall have the right to demand the corresponding liability against you.
9.4 Pathea Games may encounter an abnormality relating to your account data (such as your game role, in-game props, gaming equipment and gaming coins) due to bugs in the gaming software, defects in updated versions, attacks by third-party viruses or any other factors. Pathea may, before finding the reasons of such data irregularity, have the right to temporarily froze your gaming account; if it is found that such data irregularity has been caused by an irregular gaming behavior, Pathea shall have the right to restore the data relating to such gaming account to its original status (including but not limited to a retrieval of any transferred data from a third party), and Pathea shall not be liable to you for any liability.
9.5 You are not authorized by Pathea to acquire your gaming account, in-game props, gaming equipment and gaming coins through purchasing, accepting a grant or otherwise from any third party, and Pathea shall not be liable for any third-party transactions, and shall not handle any complaints arising from any third-party transactions.
9.6 You fully understand that the advertisements, links or promotional contents in other forms as placed within Pathea Games by any third party are made by such third party itself, and you shall, on your own, judge their truthfulness, whilst Pathea does not make any express or implied guarantees on their promotional contents.
9.7 You fully understand that it is a fact that different operating systems (e.g., Windows, iOS, Nintendo Switch, PlayStation and Xbox ) are noncompatible with each other, and such fact is not attributable to Pathea, although it may result in that your money deposits and Gaming Data in one system can not be smoothly transferred into another system. You shall solely assume such risks as a loss of your money deposits or Gaming Data due to your switch from one system to another, and shall not require Pathea to assume any liability thereof.
10. LIQUIDATED DAMAGES
10.1 The user agrees to protect and safeguard the interests of Pathea and other users, such as damage caused to Pathea due to the user’s violation of relevant laws, regulations or any provisions under this Agreement, the user agrees to bear the liability for damages caused thereby, including but not limited to any direct or indirect losses caused to Pathea.
10.2 If the user violates this Agreement, other rules issued by Pathea or national laws and regulations, Pathea has the right to make an independent judgment, immediately revoke the relevant license, terminate the service provided to the user and pursue the legal responsibility of the user through various legal channels.
11. MISCELLANEOUS PROVISIONS
11.1 This Agreement constitutes the entire agreement between the parties with respect to the matters agreed to in this Agreement and other related matters, and does not confer any other rights on the Parties to this Agreement except as provided in this Agreement.
11.2 If any provision of this Agreement is held to be wholly or partially invalid or unenforceable for any reason, that invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of this Agreement shall remain valid and enforceable.
11.3 Pathea’s failure to exercise, fail to exercise in a timely manner or not fully exercise the rights enjoyed in this Agreement or in accordance with the provisions of the law shall not be deemed to be a waiver of such rights, nor shall it affect Pathea’s exercise of such rights in the future.
11.4 The place of signing of this Agreement is Yuzhong District, Chongqing Municipality, the People’s Republic of China.
11.5 The laws in the Mainland of the People’s Republic of China (excluding their conflict-of-law principles) shall apply to the formation, validation, performance and construction of this Agreement, as well as the resolution of a dispute hereunder.
11.6 Any dispute or controversy arising from (and/or in connection with) this Agreement shall be settled in the first place through amicable consultations; in case of unsuccessful consultations, you agree that such dispute or controversy shall be subject to the jurisdiction of a competent people’s court located at the place of signing hereof.
11.7 Pathea Company once again reminds you that you should boycott unhealthy games and refuse pirated games; you should pay attention to your self-protection and avoid tricks; rational gaming activities may refresh your brains, while gaming addiction may damage your health; and you should reasonably manage your time to enjoy a healthy life.
Pathea Co., Ltd.