1. INTRODUCTION
1.1 Agreement
You agree that by accessing, using or registering for the Services (as defined below), you are entering a
legally binding agreement with NetEase Interactive Entertainment Pte. Ltd. and its affiliates and subsidiaries
(collectively, “NetEase”, “Company”, “we”, “us”, or “our”). If you do not agree to the following terms, do not
access or otherwise use any of the Services.
The terms of this agreement include these Terms of Use, our Privacy Policy, and our Cookie
Policy (collectively, the “Agreement”).
THESE TERMS OF USE ALSO INCLUDE A PROVISION FOR RESOLUTION OF DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS
INSTEAD OF IN COURT AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. SEE SECTION 13
1.2 Services
The “Services” means sites, products, or other offerings we provide, including but not limited to:
-
Company websites, pages, sites or accounts accessible through any Internet or wireless enabled device
(each, a “Website”); and Mobile applications or other software and related offerings.
By using or accessing the Services in any manner, you or the entity you represent (“you,” or “your”) agree that
you have read and agree to be bound by this Agreement to the exclusion of all other terms. If you do not agree
to all the terms and conditions of this Agreement, you have no right to use and should not use the Services.
Subject to your complete compliance with this Agreement, Company grants you a limited, non-exclusive,
non-sublicensable, non-transferable, and fully revocable license to access, view, and use the Services for your
personal, non-commercial use solely as provided by this Agreement and as expressly permitted by the features and
functionality of the Services. Except as expressly provided herein, Company does not grant you any other express
or implied right or license in or related to the Services. All right, title, and interest in and related to the
Services are retained by Company.
1.3. Modifications
We reserve the right, in our sole discretion, to modify this Agreement from time to time. You agree that we may
notify you of changes to the Agreement by posting them on the Services and agree that your continued use of the
Services after such notice constitutes your agreement to the updated terms. If you object to any changes, you
may discontinue use of the Services. Your continued use of our Services after we publish or send a notice about
our changes to these terms means that you are consenting to the updated terms.
2. OBLIGATIONS
2.1 Access to the Services
The Services are owned and operated by Company. We may change, suspend or discontinue the Services at any time,
including the availability of any feature, database, or Content (as defined below). We may also impose limits on
certain features and services or restrict your access to parts or all of the Services without notice or
liability.
2.2 Accessibility
Company is committed to ensuring that our website, content and Services are as accessible to everyone,
including those with disabilities. If you have any difficulties with using this website or any questions or
concerns regarding accessibility, please contact us at accessibility.glo@list.nie.netease.com.
2.3 Service Eligibility
You must be 18 or older to use the Services. Minors under 18 and at least 13 years of age are only permitted to
use the Services through an account owned by a parent or legal guardian with their appropriate permission and
under their direct supervision. Children under 13 are not permitted to use the Services. This Agreement is void
where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
2.4 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) through the applicable
Service or Website, or (2) sent to the contact information (if any) you provided us (e.g. email, phone number,
physical address). You agree to keep your contact information up to date.
Please review your applicable settings and/or email preferences to control and limit messages you receive from
us.
3. WEBSITE, SERVICES AND CONTENT
The Website, the Services, and their Content (as defined below) are intended solely for use by Users of the
Services (“Users”) and may only be used in accordance with the terms of this Agreement. All materials displayed
or performed on the Website or through the Services (including, but not limited to videos, text, graphics,
articles, photographs, images, and illustrations (collectively, the “Content”) are protected by copyright,
pursuant to U.S. copyright laws, international conventions, and other copyright laws. You shall abide by all
copyright notices, trademark rules, information, and restrictions contained therein, and shall not use, copy,
reproduce, link to, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display,
license, sell or otherwise exploit any of the foregoing for any purposes whatsoever: (i) without the express
prior written consent of the respective owners, and (ii) in any way that violates any third party right.
Company reserves all of its intellectual property rights in the Website and Services. Using the Website and
Services does not give you any ownership therein. Trademarks and logos used on and in connection with the
Website and Services are the trademarks of their respective owners. NetEase and its affiliates' trademarks,
service marks, graphics, and logos used for our Website and Services are trademarks or registered trademarks of
Company.
3.1 Your Content
User Submissions
You understand that by posting information or content on the Website or otherwise providing content, materials
or information to Company or in connection with the Services (collectively, “User Submissions”), you grant
Company a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right
to fully exploit, reformat, modify, create derivative works of, excerpt, or translate such User Submissions
(including all related intellectual property and proprietary rights) in connection with the Services, the
Website, and Company's (and its successors' and assigns') business, including without limitation for promoting
and redistributing part or all of the Services (and derivative works thereof) in any media formats and through
any media channels. For clarity, the foregoing license grant to Company does not affect your ownership of or
right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.
You also grant each User of the Services a non-exclusive license to access your User Submissions through the
Services, and to view, use, modify, reproduce, distribute, prepare derivative works of, display and perform such
User Submissions as permitted through the functionality of the Services and under this Agreement.
You waive any and all rights of privacy, publicity, or any other similar rights of a similar nature in
connection with your User Submissions, or any portion thereof, including, without limitation, your name,
likeness, voice, image, and persona or any advertising or publicity relating thereto. To the extent any moral
rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights,
or to support, maintain or permit any action based on any moral rights that you may have in or with respect to
any User Submissions. You expressly release Company and all of Company's agents, partners, subsidiaries,
affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, and causes of
action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and
invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to
the use of your User Submissions. Notwithstanding the preceding sentences of this Section, you should let us
know immediately if you object to any uses of your User Submissions on or through the Services or in the
promotion of the Services.
The rights granted in this Section include, but are not limited to, the right to use your name, image, voice,
likeness, and any photographs or artwork made available by or on your behalf through the Services in connection
with advertising, marketing, or promoting you, your User Submissions, Company, or the Services. You waive any
rights to prior inspection or approval of any marketing or promotional materials related to such User
Submissions.
If you are not the owner of, or are not fully authorized to grant all necessary rights in, all of the elements
of the User Submissions you intend to upload or transmit to or through the Services, then you must not upload
the User Submissions to or through the Services. Company reserves the right to demand confirmation from you in
writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any
third-party materials embodied in User Submissions. If you fail to provide Company with such confirmation upon
request, we reserve the right to remove or deny access to any or all of your User Submissions and to suspend or
terminate your account with Company. We will have no liability to you for any actions taken by us pursuant to
this Section.
User Information
We may access, store, process and use any information and personal data that you provide in accordance with the
terms of the Privacy Policy and your choices (including settings). You also agree that your account
information will be truthful.
User Feedback
We may use any reports, comments, and suggestions in any form regarding the Services that you provide to us
(collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free
right and license to incorporate and use the Feedback in connection with any products and services.
3.2 Other Users' Content
You understand that all information publicly posted or privately transmitted through the Services is the sole
responsibility of the User from which such Content originated and that Company will not be liable for any errors
or omissions in any Content. You understand that Company cannot guarantee the identity of any other Users with
whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the
authenticity of any data which Users or merchants may provide about themselves. You acknowledge that all Content
accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss
to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any
errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or
exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
3.3 Unsolicited Submissions
Company does not accept unsolicited submissions (“Unsolicited Submissions”) of concepts, creative ideas,
stories, designs or other creative content. Company is continuously engaged in active research and development
of new products, websites and services as well as improvements and enhancements to existing functions, features
or other aspects of the Services and Company's products. Please do not send us any Unsolicited Submissions to
avoid the possibility of future misunderstandings when projects, improvements or enhancements developed by
Company might seem to be similar or identical to any part of an Unsolicited Submission. In the event you do send
us an Unsolicited Submission, you understand and agree that your Unsolicited Submission does not create any
relationship between you and Company; we are under no obligation to refrain from using the Unsolicited
Submission (in whole or in part), to keep it confidential, or to compensate you for any use of it.
3.4 Automated Processing
We may use the information and data that you provide and that we have about Users to make recommendations for
content and features that may be useful to you.
3.5 Availability; Access
We may change, suspend or discontinue any or all of the Services or feature or functionality for the Services.
We don't promise to store or keep showing any information and Content that you've posted.
You agree that we have no obligation to store, maintain or provide you a copy of any Content or information
that you or other Users provide, except to the extent required by applicable law and as noted in
our Privacy Policy.
Company reserves the right to limit your use of the Services and to restrict, suspend, or terminate such use if
Company believes that you may be in breach of this Agreement or law or are misusing the Services.
3.6 Third Party Services
The Website or Services may link to, allow access to or otherwise incorporate websites, products or services
offered by third parties not owned or controlled by Company or User Sites, as applicable (“Third Party
Services”). When you access Third Party Services, you do so at your own risk and should make whatever
investigation you feel necessary or appropriate before using such Third Party Service or conducting any
transactions thereon. You hereby represent and warrant that you have read and agree to be bound by all
applicable policies of any Third Party Services relating to your use of the Services (“Third Party Policies”)
and that you will act in accordance with those policies, in addition to your obligations under this Agreement.
To the extent there is a conflict between any term in the Third Party Policies and this Agreement, the term in
the Third Party Policies shall take precedence. Company has no control over, and assumes no responsibility for,
the content, services, accuracy, privacy policies, or practices of or opinions expressed in any Third Party
Services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third
Party Services. Company may modify or discontinue your use of, or access to, the Third Party Services, or any
content or services available thereunder, at any time in its sole absolute discretion with or without notice to
you. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising
from your use of any Third Party Services, including without limitation any damages or losses incurred as a
result of any transactions thereon.
4. RESTRICTIONS
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a
manner that:
(i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or
privacy, or other rights of any third party;
(ii) violates any law, statute, ordinance or regulation;
(iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or otherwise objectionable;
(iv) involves commercial activities and/or sales without Company's prior written consent such as contests,
sweepstakes, barter, advertising, or pyramid schemes;
(v) impersonates any person or entity, including without limitation any employee or representative of Company;
(vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; or
(vii) contains anything that, in the sole determination of Company, is objectionable or inhibits any other
person from using or enjoying the Services, or which may expose Company or users of the Services to any harm or
liability of any kind.
Company reserves the right to remove any Content from the Services at any time, for any reason (including, but
not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content
or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at
all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or
otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights
necessary to provide such content to Company and to grant Company the rights to use such information in
connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or
otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may
not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or
intended to obtain password, account, or private information from any other user of the Services. Use of the
Services to violate the security of any computer network, crack passwords or security encryption codes, transfer
or store illegal material (including material that may be considered threatening or obscene), or engage in any
kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of
auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged
on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the
Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to
“crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse
engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for
withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your
activity in connection with the Services.
5. WARRANTY DISCLAIMER
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control
over, and no duty to take any action regarding: which users gain access to the Services; what Content you access
via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what
actions you may take as a result of having been exposed to the Content. You release Company from all liability
for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to
websites containing, information that some people may find offensive or inappropriate. Company makes no
representations concerning any content contained in or accessed through the Services, and Company will not be
responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or
accessed through the Services. Company makes no representations or warranties regarding suggestions or
recommendations of services or products offered or purchased through the Services. THE SERVICES, CONTENT,
WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE.
6. PRIVACY POLICY
For information regarding Company's treatment of personally identifiable information, please review Company's
current Privacy Policy, which is hereby incorporated by reference; your acceptance of this Agreement
constitutes your acceptance and agreement to be bound by our Privacy Policy.
7. ACCOUNT REGISTRATION AND SECURITY
As a condition to using certain Services, you may be required to register with the applicable Service and
select a password and user name (“User ID”). You shall provide Company with accurate, complete, and updated
registration information. Failure to do so shall constitute a breach of this Agreement, which may result in
immediate termination of your account. You may not (i) select or use as a User ID a name of another person with
the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other
than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a
User ID in its discretion.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you
are solely responsible for any and all activities that occur under your account. You agree to immediately notify
Company of any unauthorized use of your account or any other breach of security. Company will not be liable for
any loss that you may incur as a result of someone else using your account or password, either with or without
your knowledge. However, you may be held liable for losses incurred by Company or a third party due to someone
else using your account or password. You may not use any account that is registered to another person at any
time without the permission of the account holder and Company.
8. INDEMNITY
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, suppliers, licensors, and
employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and
attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the
Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party
using any intellectual property or other right of any person or entity.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN
EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU THEREFOR DURING THE 12-MONTH PERIOD PRECEDING THE
APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
(III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND
COMPANY'S REASONABLE CONTROL. Because some jurisdictions do not allow the exclusion of or limitations on implied
warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above
exclusions and limitations may not apply to you.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release
does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release, and that, if known by him or her, would have materially affected his
or her settlement with the debtor or released party.”
10. DISPUTES BETWEEN USERS
If you have a dispute with one or more Users of the Services or any Third Party Services, you agree that
Company is under no obligation to become involved and you hereby release Company, its officers, employees,
agents, affiliates, representatives and successors from claims, demands and damages (actual, direct and
consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed,
foreseeable or unforeseeable, arising out of or in any way related to such disputes.
11. TERMINATION
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of
the Services at any time. Company may terminate or suspend your access to the Services at any time, for any
reason, and without warning. Company may also terminate or suspend any and all Services and access to the
Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this
Agreement. All provisions of this Agreement which, by their nature, should survive termination, shall survive
termination, including, without limitation, those relating to ownership provisions, warranty disclaimers, and
limitations of liability.
12. MISCELLANEOUS
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a
waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations
hereunder where such failure results from any cause beyond Company's reasonable control, including, without
limitation, mechanical, electronic or communications failure or degradation (including “line-noise”
interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall
be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full
force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except
with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and
obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of
the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements,
communications and other understandings relating to the subject matter of this Agreement (provided that if a
separate written agreement with respect to Company products or services exists between you and Company, the
terms and conditions of that written agreement shall take precedence over this Agreement in the event of any
conflict), and that all modifications must be in a writing signed by both parties, except as otherwise provided
herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do
not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have
been included above for your convenience, but such headings do not have any legal meaning, and may not
accurately reflect the content of the provisions they precede.
13. ARBITRATION; GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California
without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject
matter of this Agreement shall be finally settled by arbitration in Los Angeles County, CA, using the English
language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and
Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in
resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate
list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment
upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such
court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the
foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for
injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this
Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located
in Los Angeles County, California, U.S.A
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class
actions are not permitted. Neither you nor Company shall be entitled to join or consolidate disputes by or
against other individuals or entities, or to arbitrate any dispute in a representative capacity, including,
without limitation, as a representative member of a class or in a private attorney general capacity, in
connection with any dispute. Further, unless both you and the company agree, the arbitrator may not consolidate
more than one person's claim. The arbitrator may award any individual relief or individual remedies that are
permitted by applicable law, but to the maximum extent permitted by applicable law, may not award relief against
Company respecting any person other than you.
The binding individual arbitration provisions in this Section will not apply to the extent prohibited by the
laws of your country of residence. For any disputes not subject to binding individual arbitration, you and
Company agree to submit to the exclusive jurisdiction of the state and federal courts in Los Angeles County,
California, U.S.A. and to waive any jurisdictional, venue, or inconvenient forum objections to such courts (but
without affecting either party's rights to remove a case to federal court if permissible). This paragraph will
be interpreted as broadly as applicable law permits. For example, if you are a resident of a European Union
member state, you will benefit from any mandatory provisions of consumer protection law in the member state in
which you are resident, and you can bring legal proceedings in relation to this Agreement in the courts of the
member state in which you are resident. Company has the right to prosecute civil claims against you for any
violation of these Terms of Use, our Privacy Policy, our Cookie Policy, or any other governing terms
and conditions related to its software and services, whether for breach of contract, violation of common law
rights, or violation of any applicable state or federal statute. Any violation by you of such governing terms
shall constitute an affirmative defense (whether characterized as arising at law or in equity) against any claim
you might assert against Company in connection with the Services.
14. COPYRIGHT DISPUTE POLICY
Company has adopted the following general policy toward copyright infringement in accordance with the Digital
Millennium Copyright Act or DMCA (posted at https://www.copyright.gov/legislation/pl105-304.pdf).
The address of Company's Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”)
is listed at the end of this Section. It is Company's policy to remove or disable access to material that it
believes in good faith to be copyrighted material.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright,
please send a notice of copyright infringement containing the following information to the Designated Agent
listed below: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the
copyright that has been allegedly infringed; 2. Identification of works or materials being infringed; 3.
Identification of the material that is claimed to be infringing including information regarding the location of
the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company
is capable of finding and verifying its existence; 4. Contact information about the notifier including address,
telephone number and, if available, email address; 5. A statement that the notifier has a good faith belief that
the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and 6. A
statement made under penalty of perjury that the information provided is accurate and the notifying party is
authorized to make the complaint on behalf of the copyright owner.
Please contact Company's Designated Agent to Receive Notification of Claimed Infringement at the following
address: NetEase Interactive Entertainment Pte. Ltd., 11400 West Olympic Blvd. Suite 200, Los Angeles,
California 90064, USA, Attn: Copyright Agent / Legal Department, or copyright.glo@list.nie.netease.com.
Effective: September 26, 2022