END USER AGREEMENT

 

TERMS OF SERVICE

are dedicated to protecting the rights of our users of our game Nebula Rangers and its website (collectively, “Website”).

These terms of service (the “Terms”) form a binding legal agreement between you ("users", “you” or "your") and NETDRAGON WEBSOFT (HONG KONG) LIMITED. and its affiliates (“we”, “us”, “our” or “the Company”) and sets forth the terms and conditions by which you may access and use in connection with our https://gv.99.com (“Website”) or the game Nebula Rangers (“Game”) and its associated services (together with Website and Game, the "Products and Services"). In addition to these Terms, your access and use of our Products and Services are also subject to our Privacy Policy, other specific and additional terms and conditions, rules and policies (together with these Terms, the “Agreements”) that we provide from time to time on our Website or those accompanied with our Products and Services. Your continued access and use of the Website and/or our Products and Services constitute your acceptance of these Terms (as amended as supplemented by us from time to time). If You do not agree to the terms of the Agreements, please refrain from using our Products and Services.

Privacy Policy

The use of our Service is subject to the Privacy Policy, a full text of which is located at https:https://gv.99.com/en/news/privacypolicy.shtm(“Policy”).

If you are under the age of 18 years old or the applicable legal age in your country of residence (“Young Users”), you must seek consent from your parents or legal guardians before accessing Products and Services. Parents and legal guardians acting on behalf of Young Users shall agree to these Terms for and on behalf of their Young Users and shall read the section on ‘Parental Guidance’.

Please read the following information carefully.

a) Terms of Agreement. We offer to allow you to play our Game conditioned upon your agreement to all of the terms and conditions contained in this Agreement. The Game is free to play with no monthly subscription fees. the Company makes money by selling virtual items for you to use in-game. Your use of the Game constitutes your agreement to all such terms and conditions and your compliance with the Member Conduct. If you have any questions regarding these terms and conditions or the Rules of Conduct, please contact our Company customer service by visiting the Website.

b) Amendments. the Company may amend, update, modify or correct these Terms or the Agreements, or modify the Rules of Conduct at any time in its sole discretion without any obligation to inform the User of the amendment or changes by posting the amended Policy or modified Rules of Conduct at the Website. Amendments or changes to the Agreements will be effective immediately after the amended Agreement is posted. Modifications to the Rules of Conduct will be effective immediately upon posting. Your use of the Game after the effective date of any amendments to the Agreements constitutes your agreement to the amendments. You agree to check the Agreement and the Rules of Conduct periodically so you will be familiar with their content as amended or modified from time to time.

the Company offers the Game as a free online role-playing game service by downloading the Game from Google Play or App Store. the Company reserves the right to change the URL address of the Website at any time and from time to time without prior notice. To use the Products and Services, you will need to install software, which the Company makes available from the Website (the "Software"). Anyone desiring to use the Products and Services is required to establish an account with the Company (the "Account"). the Company does not provide Internet access, and you are responsible for all fees and costs associated with your Internet connection. The Website is an active part of the Products and Services and any use of the Website is governed by these Terms and Rules of Conduct.

Subject to the Policy, the Company grants you a revocable and non-exclusive license to use the Products and Services, and a non-exclusive license to use the Software in connection with the Products and Services. You may not sublicense, rent, lease, loan or otherwise transfer the Software for profit, modify, adapt, reverse engineer or recompile the Software, or create any derivative works in respect of the Software or the Products and Services, or otherwise use the Software except as expressly provided in this Agreement.

a) Eligibility. Unless otherwise specified, Accounts are available only to individuals twelve (12) years of age or older. If you are less than 12 years of age, please do not send any information about yourself to us, including your name, address, telephone number, or email address.  No one under the age of 12 may provide any personal information. In the event that we learn that we have collected personal information from a child under age 12, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 12, please contact us at the Website. Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Member(s)", "User(s)”, or "Player(s)".  

c) Account ID. At the time your Account is opened, you must choose a name to identify yourself to The Company staff (your "Account ID"). You may not select as your Account ID the name of another person or a name which violates any third party's trademark right, copyright, or other proprietary rights, or which may mislead other Members to believe you to be an employee of the Company, or which the Company deems in its discretion to be vulgar or otherwise offensive. the Company reserves the right to delete, or to change, any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID.

d) Message Board ID (if any). You have the option to create a Message Board ID for use on the official Game message boards. You may not select as your Message Board ID the name of another person or a name which violates any third party's trademark right, copyright, or other proprietary rights, or which may mislead other Members to believe you to be an employee of the Company, or which the Company deems at its sole discretion to be vulgar or otherwise offensive. the Company reserves the right to delete, or require you to change, any vulgar or otherwise offensive Message Board ID. You have sole liability for all activities conducted under your Message Board ID.

e) Account. By agreeing to the User Agreement, you agree that you do not own the Account you use to access the Products and Services, the characters the Company stores on The Company servers, the game items in the Account, or any other data which the servers and accounts are comprised of. The Account, characters, game items, and any other data of which the servers and accounts are comprised, are properties of the Company.

f) Character Name. In order to use the Products and Services, you must create a character and choose a name for your character to identify your character to other Members (your "Character Name"). You may not select as your Character Name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary rights, or which may mislead other Members to believe you to be an employee of the Company, or which the Company deems at its sole discretion to be vulgar or otherwise offensive. The Company reserves the right to delete or alter any vulgar or otherwise offensive Character Name. Only ASCII characters are allowed for any character names in the Game. No Unicode is allowed.

g) Pledge Names, Pledge Titles, House Signs, Individual Titles, NPC Names. While accessing the Products and Services, it is possible to name your pledge, grant titles to individual members, grant a title to your own character, name NPCs, or name a guild. You may not give a name to a pledge, another character, grant your own character a title, or name an NPC (non-player character) that is the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary rights, or which may mislead other Members to believe you to be an employee of the Company, or which the Company deems at its sole discretion to be vulgar or otherwise offensive. the Company reserves the right to delete, change, or require you to change, any vulgar or otherwise offensive Name. Only ASCII characters are allowed for any names in the Game. No Unicode is allowed.

h) Passwords. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from the use by any person of your password to gain access to your Account and Account ID. At no time you should respond to an online request for a password. The Company will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process, or when you are requesting the company to perform a certain service that requires your password authentication, in which case you will only send your password to the designated company email address or company website.

i) Registration Obligations. You agree to provide true, accurate, current and complete information about yourself as prompted by the Products and Services registration form ("Registration Data"), and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Products and Services.

j) Former Members. Members whose Accounts have been terminated by the Company may not access the Products and Services in any manner or for any reason, including through any other Account, without the express written permission of the Company.

k) Related Accounts. If the Company terminates an Account, the Company may terminate any other Accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account.

l) Multiple Accounts. Currently, each Player, User, or Member is permitted to register more than one account. However, the Company reserves the right to limit the number of Accounts each Player may register.

m) Right To Monitor and Remove Contents and/or Accounts. the Company shall keep the right to, but not the duty to review and monitor all content submitted for or included in the service, and the Company shall notify the User when it removes the any User’s personal data under its sole discretion. the Company shall not be responsible for the removal of the illegal User’s personal data without providing any prior notice to the User. To improve the Game development, the Company also reserves the right, at its discretion, to remove any Game Account(s) without any compensation provided.

n) Facebook Connect, 99 U Account Login and Guest Login. You can log in to our site using sign-in services (“SN  Services”) such as Facebook Connect, 99 U Account Login, or Guest Login. These services will authenticate your identity and provide you with the option to share certain personal information with us such as your name, email address, and resume to pre-populate our sign up form. Products and Services like Facebook Connect give you the option to post information about your activities on this Website to your profile page to share with others within your network.

We may collect and record information through the SN Services in accordance with the policies and terms of that SN Services. The information we collect when you connect your user account to an SN Services may include: (1) your name, (2) your SN Services user identification number and /or user name, (3) locate, city, state and country, (4) sex, (5) birth date, (6) email address, (7) profile picture or its URL, and (8) the SN Products and Services user identification numbers for your friends that are also connected to our games.

o) IOS and Android Platforms. When you use any of our games or applications on a mobile platform, we may collect and record certain information such as your unique device ID (persistent/non-persistent), hardware type, media access control (“MAC”) address, international mobile equipment identity (“IMEI”), the version of your operating system (“OS”), your device name, your mail address (if you have connected to Facebook), and your location (based on your Internet Protocol (“IP”) address). This information is useful to us for troubleshooting and helps us understand usage trends.

We may collect your location-based information for the purpose of providing you with the correct version of the application. We will not share this information with any third party. If you no longer wish to allow us to track or use this information, you may turn it off at the device level. Please note, that the application may not work properly if we are unable to tell where you are coming from (Country specific).

In addition, we create a unique user ID to track your use of our Products and Services. This unique ID is stored in connection with your profile information to track the games you are playing.

The Game is free to play. You do not need to pay any service fee to play the Game. However, the Company is not responsible for any other fees or costs you paid or may have to pay in order to play the Game, including, but not limited to, fees to access the internet; fees charged by a location such as a cybercafé, arcade, or other location; or costs of computer hardware or software.

Security and Anti-Fraud. For security and anti-fraud purpose, the Company may require the purchaser of the Game Items to provide personal information such as name, address, phone number, social security number, and copy of picture ID. Purchasers may also be required to write and sign a statement certifying that their purchases are real and valid. Failure to do so may result in the suspension of the purchaser's Account.

Trading of Game Items or in-game currency between Players is permitted while using the trading system provided in the Game. All other tradings, sales, or ownership transfers of content included in the Game, including without limitations, Account IDs, in-game items, in-game currencies, as well as any and all transfers that are conducted outside of the game world, are strictly prohibited.

The Company is not responsible for any losses incurred by the participation in any activities, whether knowingly or unknowingly, related to any prohibited trading activities. ANY AND ALL PROHIBITED CONDUCT MAY RESULT IN IMMEDIATE TERMINATION OF THE ACCOUNTS INVOLVED IN SUCH TRADING.

a) Content. You acknowledge that: (i) by using the Software and the Products and Services you will have access to artwork, graphics, interfaces, trademarks, logos, sound effects, music, animation-style video and text, including but not limited to the design, selection, coordination, expression, “look and feel” and arrangement of content owned, controlled, licensed by or to us in connection with the Products and Services (collectively, "Content").

b) Rights in Content. You acknowledge that the Company or its licensors own all the rights and interests in the Content under copyright and other applicable laws and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with playing the Game. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products and Services, use of the Products and Services, or access to the Products and Services or any contact on the Website through which the Products and Services are provided, without expressed written permission by us.

c) Member Content. If applicable, with respect to all the content created by Users in the course of using and accessing our Products and Services, that is, User Generated Contents (“UGC”), We reserve the right to remove any UGC temporarily or permanently if we are notified of by a user, parent, legal guardians or third party, or if we otherwise become aware that any such UGC or any part of it breaches any of the Agreement or otherwise violates our policies, including but not limited to the following reasons:

· The UGC infringes our intellectual property rights or any other rights of ours or any third party;

· The UGC breaches any applicable laws;

· The UGC contains any virus, malware, trojan horse, worm time bomb, or other harmful software that may have an adverse impact on us; or

· The UGC contains content that is illegal, defamatory, pornographic, fraudulent, harassing, inappropriate, offensive; or otherwise objectionable.

While we do not accept any obligation to constantly monitor, screen, review, flag, filter, moderate or remove any UGC, we reserve the right to review, monitor, and remove such UGC from the public view as we solely consider it necessary.

 

You hereby irrevocably grant us a perpetual, non-exclusive, non-transferrable, free worldwide license, to use, modify, reproduce, display, perform, distribute or create derivative works of your UGC so long as such USC does not reveal or contain any personal information (any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural persons) in any TV shows, movies, books, annual reports, encyclopedias or anthologies, websites, social media channels, online or printed magazines or newspapers, or in any manners or other forms of media, whether for commercial, non-commercial or educational purposes, that we think it will help publicizing or marketing all or any parts of our Products and Services. the Company shall not be obligated to provide You with any compensation, attribution, or other payments or remunerations for any reasons, including but not limited to the exploitation of the said license, whether in relation to our Products and Services or otherwise, nor are We obligated to exploit this license.

 

If you have any concerns that the UGC breaches any terms of the Agreement or for other reasons you want us to take down such UGC, please contact our data protection officer at the email address nebularangers@nd.com.cn 

 

d) Member Conduct. You agree not to use the Products and Services to: (i) upload, process, reproduce, copy, post, e-mail or otherwise transmit Content that harm or infringes any third party rights (including but not limited to any trademark right, copyright or patent right etc.) ; (ii) impersonate any person or entity, including, but not limited to, the Company's employee, or falsely state or otherwise misrepresent or mislead your affiliation with a person or entity, including giving false information in account registration; (iii) upload, process, reproduce, distribute, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) upload, process, reproduce, post, e-mail or otherwise transmit Content as determined by the Company at its sole discretion that is harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, blasphemous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling; or contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (v) upload, post, process, reproduce, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) 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; (vii) interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services; or (viii) "stalk" or otherwise harass another member; (ix) access or scrape the Website by any automated means unless You are a search engine crawling the Website for the sole purpose of creating a publicly accessible search index; or bypass any technical protections that we institute; (x) copy, modify, alter, adapt, translate, reverse engineer, disassemble, decompile, create derivative works from, or distribute any content from Our Products and Services; (xi) harms minors in any manner; (xii) deceives or misleads the addressee of the origin of such messages or communicates any information which is grossly offensive or menacing in nature; and (xiii) impersonates another person or company;

Any use of our Products and Services in contravention of the paragraph above shall automatically and unconditionally terminate your license and right to access to or use of our Products and Services. We reserve the right to punish you for the violation of this Agreement or any negative in-game behaviours.

e) Cheating Programs. To ensure fair play, the Company does not allow the use of any cheating programs such as macros, bots, mouse emulators etc., to play the Game. If you use these cheating programs, you may suffer severe consequences including, but not limited, to the followings: (i) the Company may suspend your Account for an indefinite period of time; (ii) the Company may terminate your Account; and (iii) the Company reserves the right to seek further legal remedies against you.

f) Modification Of The Client Program. All Members must use the client program provided by the Company. the Company periodically updates the client program as well, and all players are required to use the latest version of the Game. Modification of the client program of the Game is strictly prohibited. Any violations may result in the termination of your Account.

g) Exploitation of Program Bug. Members are prohibited from exploiting any programming bugs in the Game, on the Website, and/or within the Company's system. Any violations may result in the termination of the Account.

The Company has designed the Game for play only as offered by the Company. You agree to play the Game only as offered by the Company and not through any other means. You further agree not to create or provide any other means through which the Game may be played by others, such as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Game, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any Game accounts, characters, items, coins or copyrighted materials.

The use of our Products and Services is subject to the Policy.

While the Company may choose to monitor and take action upon inappropriate Game play, chat or links to the Products and Services, it is possible that at any time there may be language or other material accessible on or through the Products and Services that may be inappropriate for Young Users or offensive to some users of any age. The Company cannot ensure that other players will not provide content or access to content that parents or guardians may find inappropriate or that any User may find objectionable. The Company does not as a matter of policy pre-screen the Content of the materials or communications transmitted by each player.

a) the Company reserves the right to interrupt the Products and Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.

b) You acknowledge that the Products and Services may be interrupted for reasons beyond the control of the Company, and the Company cannot guarantee that you will be able to access the Products and Services or your Account whenever you may wish to do so. the Company shall not be liable for any interruption of the Products and Services, delay or failure to perform resulting from any causes beyond its reasonable control.

c) The Company shall not be obligated to refund any and all portion of any Game Item Purchases or Account fees (if any) by reason of any interruption of the Products and Services and by reason of any of the circumstances described in paragraph (a) or (b) of this provision.

THE COMPANY PROVIDES THE SERVICE, THE SOFTWARE, THE ACCOUNT, THE  GAME AND ALL OTHER SERVICES ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE SERVICE, YOUR ACCOUNT, OR GAME WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE, YOUR ACCOUNT, OR GAME WILL BE UNINTERRUPTED, ERROR-FREE, CONTINUOUS, SECURE, VIRUS-FREE, OR THAT THE DEFECTS IN THE SERVICE, YOUR ACCOUNT, OR GAME WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULARLY TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR THE USE OF THE SERVICE, YOUR ACCOUNT, AND THE GAME. YOU SHOULD NOT USE THE SERVICE IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OR IMPROPER ACCESS TO YOUR DATA. THE COMPANY IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY.

a) THE MAXIMUM AMOUNT AND THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY FOR THE TOTAL PURCHASE OF GAME ITEMS IN AND WITHIN THE SAME MONTH OF THE EVENT CAUSING LIABILITY. IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATIONS, ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER OR IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT, WHETHER OR NOT THE COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.

b) If you purchased a Game Item, you agree to release any and all liabilities of the Company related to your purchase and use of the Game Item, except that the Company is responsible for providing such Game Item to your Account in the Game.

c) You agree to release any and all liabilities of the Company related to any mobile phone virus infection to your cellphone, whether it is through the Company's server or third-party activities.

d) You agree that the Company will not be held responsible or liable for anything that occurs or results from accessing or subscribing to the Game services.

YOU UNDERSTAND THAT CONTENT AND MATERIALS ON THE INTERNET MAY BE CREATED AND MAINTAINED BY THIRD PARTIES (SUCH AS USER MESSAGE BOARDS) AND THAT PORTIONS OF SUCH MATERIALS MAY BE SEXUALLY EXPLICIT, OBSCENE, OFFENSIVE, OR ILLEGAL. IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THROUGH THE SERVICES AND PRODUCTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FROM YOUR USE OF THE SERVICES AND PRODUCTS AND THE INTERNET GENERALLY. THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THOUGH HYPERLINKS OR IN ANY OTHER FORMS.

AT THE COMPANY'S REQUEST, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, ITS LICENSEES, DISTRIBUTORS, CONTENT PROVIDERS, AND OTHER MEMBERS OF THE AND PRODUCTS, FROM ALL DAMAGES, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, CLAIMS, CAUSES OF ACTION, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES AND COSTS, WHICH THE COMPANY MAY HEREAFTER INCUR, SUFFER, OR BE REQUIRED TO PAY, DEFEND, SETTLE (SUBJECT TO ANY LIMITATIONS SET FORTH IN THIS AGREEMENT), OR SATISFY AS A RESULT OR ARISING OUT OF YOUR USE OF THE AND PRODUCTS OR ANY BREACH OF THIS AGREEMENT BY YOU.

a) the Company may terminate this Agreement (including your Software license and Account) immediately and without notice if you breached this Agreement or willfully infringe any third party intellectual property rights, or if the Company is unable to verify or authenticate any information you provide to us, or upon Game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Game as described in the Rules of Conduct. If the Company terminates this Agreement under any circumstances, you will lose access to your Account without refund of any fees paid for the purchases of any Game Items.

b) You agree that if the Products and Services or your Account is terminated or cancelled for any reasons or length of time, you are not entitled to any reimbursement or refund of any fees paid for the purchases of any Game Items or unused access time.

You hereby agree that the Company would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree, that the Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breaches of this Agreement, in addition to such other remedies as the Company may otherwise have available to it under applicable laws.

Should any party institutes any action or proceeding at law or in equity to enforce any provision of this Agreement, including an action for declaratory relief, or for damages by reason of an alleged breach of any provision of this Agreement, or otherwise in connection with this Agreement, or any provision of this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees and costs for services rendered to the prevailing party in that action or proceeding.

This Agreement is governed by and shall be construed and enforced under the laws of Hong Kong, without applying any conflicts of law principles that would require the application of the law of any other jurisdiction. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the courts located in Hong Kong.

Except as provided in this Agreement, any changes to this Agreement must be in writing and signed by the Company and you. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in force. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void, without written permission of the Company. This Agreement sets forth the entire understanding and agreement between the Company and you with respect to the Company, the Products and Services and the Game, and this Agreement supersedes all prior agreements (oral or written, if any) between the parties. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of the Company shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of the Company. All notices given by you or required under this Agreement shall be emailed to us at nebularangers@nd.com.cn, and are effective on the date received.

If you are using the Products and Services in India, the following additional terms apply.  In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.

Eligibility for Account. You must be at least 18 years of age to access the application, Content and Products and Services.  You are not eligible to register an account if you are not 18 years of age (a “Child User”). All references to a relevant minimum age in the main body of these terms shall be deemed to be 18 years of age. If you are a Child User, your parents or legal guardians acting under the authorization of your parents or legal guardians must set up your account (including a trial account) for you by agreeing to this Agreement and the Privacy Policy for You. Parents, and legal guardians (as applicable) must affirm that they are legally capable of entering into this Agreement and the Privacy Policy for you before any Child User can use and access our Products and Services.

In addition to terms and conditions in Section 8 above, a user of the Products and Services may not use, display, upload, modify, publish, transmit, update, share or store any UGC on the Application or in relation to the Products and Services which:

a) harms minors in any manner; or

b) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nations.