PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR DOWNLOADING ANY GAMES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE GAMES. IF YOU ARE UNDER 18, DO NOT REGISTER AND DO NOT PROVIDE ANY INFORMATION UNLESS YOU HAVE FIRST OBTAINED YOUR PARENT’S OR GUARDIAN’S PERMISSION.
Perfect World Entertainment, Inc. (“PWE”) would like to thank you for visiting our website. This document contains the terms and conditions (“Terms”) for governing your access to, and use of, the PWE Website located at www.arcgames.com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites, mobile sites and subdomains of such sites (collectively, the “Website”), any games and game platforms, clients or servers operated by PWE through the Website (the “Games”), and all features, functions, software and services offered through this Website. The Website, the Games and the features, functions, software and services offered through this Website collectively constitute the “Service.”
1. Legal Agreement
1.1 These Terms constitute a legal agreement (“Agreement”) between you and Perfect World Entertainment, Inc (“PWE”), a Delaware corporation.
1.2 In this Agreement, the terms “we/us/our” means Perfect World Entertainment, Inc. “You/your” means you as a user of the Service.
1.3 If you reside in the United States or any other country outside the European Union, then these Terms apply to you, these Terms are an agreement between you and Perfect World Entertainment, Inc., and the Service will be delivered to you by Perfect World Entertainment Inc. If you reside in a country within the European Union, these terms do not apply to you and, before using the Service or any part of the Service, you must review and agree to the Terms applicable to users in the European Union.
1.4 Your using the Service shall constitute your agreement to accept and be bound by the terms and conditions appearing in these Terms, and your agreement to comply with any Rules of Conduct posted on the Website or otherwise provided to you by PWE (the “Rules of Conduct”) and any end-user license agreement (“EULA”) applicable to our Game software or other software that we may provide in connection with the Service. All user identities created on the Website are governed by these Terms. This includes, but is not limited to, proper in-game and out-of-game conduct relating to the Game.
1.5 If you do not agree with any of the Terms, please do not access or otherwise use the Service.
1.6 You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving the Service under the laws of the United States or any other applicable jurisdiction.
1.7 You understand and agree that the Service may include service announcements and administrative messages and you may not have the right to opt out of receiving them.
1.8 This Agreement is in addition to, and does not in any way replace or supplant, any EULA or any additional terms and conditions that may apply when you use or purchase certain other PWE products, services, affiliate services, third-party content or third-party software. In the event the contents of this Agreement is contrary to one or more provisions of any other specific agreement or terms or conditions, the provision(s) of the specific Agreement, terms or conditions shall prevail.
2. Changes to terms
2.1 We may amend and/or modify these Terms, the Rules of Conduct, and any EULA at any time in our sole discretion.
2.2 Amendments and modifications to the Terms will be published on the Website and shall be effective immediately after publishing them on the Website, or a copy of amendments or modifications will otherwise be provided to you. You waive any right you may have to receive specific notice of such changes or modifications.
2.3 You are responsible for checking the Terms, the Rules of Conduct and any EULA periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use any portion of the Service, you are already signifying your acceptance of any revised or updated terms. If you do not agree to the amended terms, you must stop using the Service.
3.1 PWE provides free-to-play, multi-player online Games to registered users and related features, functions and services available through the Website, such as community forums and other interactive areas. To access our Games, you may be required to download and install certain client software, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience).
3.2 You agree that we are not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. We do not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
4.1 You may be required to create an account (an “Account”) to access our Service and to use certain features and functions of our Service.
4.2 You must be 13 years of age or older to create an Account. If you are 13 or over, but are under the legal age to enter into a contract in the jurisdiction you reside in (“Legal Age”) and/or under 18 years of age, we require that you review these Terms with your parents or (legal) guardian to ensure they read and agree to them. If you are the parent or (legal) guardian of a user of our Website, Games and/or Service and you have questions about the Terms, please contact us at firstname.lastname@example.org.
4.3 By creating an Account or otherwise using the Service, you represent that you are of Legal Age or at least age 18 and agree to these Terms, or that you are over 13 years of age and your parents or legal guardian have read and agreed to these Terms, and you understand and agree that we are relying upon that representation in allowing you to use the Service.
4.4 Notwithstanding the above, certain portions of our Service may contain mature contents not suitable for anyone younger than the Legal Age or 18 years of age. We will require that you confirm that you are of Legal Age or 18 years of age or older to access such content. If you enter any portion of the Service which is intended for or is marked for mature audiences only, you are certifying that you are of Legal Age or at least 18 years old and have the legal right to access such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.
4.5 When creating an Account and a user identity (“User ID”) you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the “Account Information”) and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.
4.6 You, as creator of your Account and User ID, are solely responsible for your User ID. We will not tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID, with or without notice.
4.7 Your Account may only to be used by you. We are not responsible for any misuse of your Account or your User ID, you agree to accept all risks of misuse of and unauthorized access to your Account and to hold us and our affiliates harmless from and against any misuse use of your Account or your User ID, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.
4.8 Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password at all times, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account, and we are not responsible for any misuse use of your account, including without limitation in the event that your password is stolen or revealed to a third party and/or used for transactions. You agree to immediately notify us of any misuse use of your Account or any other breach of security in relation to the Service known to you. We provide you with choice to change your password in order to safeguard your Account.
4.9 Your Account may be terminated if you do not use your Account within twelve months after the date that it was created or for any continuous period of twelve months. If you do not use your Account for any continuous period of twelve or more months, it may be terminated by us at our sole discretion.
4.10 We will endeavour to notify you by email before we terminate your Account, unless we are terminating, deactivating or deleting your Account or User ID for a violation of these Terms or discontinuation of the Service. However, we will not be liable in any manner for any failure to give notice. If you advise us within five days of the notice that you want to keep your Account active, we will not terminate it. If you do not so notify us, your Account will be terminated and may be permanently deleted, along with your User ID, records, ranks and service information.
4.11 Termination of your Account also entails the termination of the license to use the Service and Proprietary Materials, or any part thereof.
4.12 Please note that regardless of any notice, we reserve the right to discontinue the Service or to terminate or suspend your Account at any time in our sole discretion, for any reason, or for no reason.