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Welcome to use the online mobile gaming service provided by Muhe Network (referred to as Muhe). According to the relevant regulations from Network Game Management Interim Provisions and Mandatory Provisions for Network Gaming Service(referred to as Mandatory Provisions) released by the Ministry of Culture, in order to protect the interests of users, the Terms of Service for <Magic Realms - Nostalgia> is formulated.
Before your participation in <Magic Realms - Nostalgia>, please thoroughly read the following terms. These terms may be updated by Muhe during its <Magic Realms - Nostalgia> service, and Muhe will be prompted to modify the content on the relevant pages whenever updates are made. Once posted, the revised service agreement will become effective and replace the original service agreement.
When users start to participate in <Magic Realms - Nostalgia> game or enter the forum, they shall be deemed to have read and accepted the terms of service, and agree to abide by the provisions of the terms.
1. Game Instruction
<Magic Realms - Nostalgia> is a multiplayer online game for mobile devices. The purpose of this clause is to regulate user registration, purchase, and other activities involved in <Magic Realms - Nostalgia>.
Users should use software and services Muhe provided on the basis of this clause and other irregular updates (including but not limited to posts on Muhe official site and terms of service published in the games).
During the usage of the products and services provided by Muhe, users have the right to supervise whether the products and services provided by Muhe and its staff have reached the standard that they declared. Moreover, users have the right to give their opinions and suggestions to Muhe for its products and services at any time.
2. User Account Registration, Use and Custody
Users promise to make registration with true ID information, and guarantee the truth, integrity and effectiveness of the ID information provided. In accordance with the law and the essential terms of the agreement, users bear the corresponding legal responsibility for the information provided
After users' registration with true ID information, Muhe is obligated to offer its service effectively when the user needs to modify his/her ID information. For the users providing with false information, Muhe has the right to reject their requests.
Account Use and Custody
According to the essential terms of the agreement, Muhe has the right to review the truth and effectiveness of users' ID information, and is obligated to take measures to guarantee security and effectiveness for users' information. For the users who do not provide with true and effective ID information as requested, Muhe has the right to ban their accounts. Users have the responsibilities to keep their account safe, and use them appropriately. Either party that fails to fulfill the obligations above and leads to account/password lost, account theft or other situation causing damage to civil rights of users or others, shall bear corresponding legal liability.
Users are legally entitled to the rights responsibilities for the behaviors from the accounts they registered.
When users find their account or password used without authorization or under unusual circumstance, they should contact Muhe according to the contact on Muhe’s website, and have the right to request Muhe to suspend network access and use of the account.
Users who request to suspend network access and use of the account, would be required to provide with personal identity information that is consistent with their registration information, and Muhe should verify the information provided by users.
For the user whose information is consistent as registered, Muhe should suspend the account timely. Muhe shall take corresponding legal liability when it fails to response in time and thus causes losses to the user.
For the users who do not provide valid ID information, or whose ID information is inconsistent with the information registered, Muhe has the right to reject their requests.
When users provide Muhe with ID information as registered to protect their legal rights, Muhe should provide users with necessary information, including account registration proof and the original registration information, and provide relevant evidence to administration and judicial organs when necessary.
3. Protection for User Information
Before requiring users to provide information related to their personal identity information, Muhe would publicly disclose its privacy policies and use of personal information policies in a clear and noticeable way, and take necessary measures to protect the user's personal information.
Muhe is forbidden to publicly disclose user information to any third party without authorization from users, except in the following circumstances:
Disclosure authorized by the user or user's guardian;
Disclosure based on the provisions of national laws and regulations;
Disclosure based on legal procedures requested by national judiciary or administrative agency;
Litigation or arbitration to the user in order to protect the legitimate rights of Muhe;
Legal request from user's guardian to provide the user's personally identifiable information.
4. Muhe Obligations
Muhe provide users with network services through the Internet.
Muhe saves the records for virtual currency purchase for the users. The storage time would be 180 days started from the date of purchase.
During the usage of virtual currency from Muhe, users have the right to request assistance from Muhe for purchase and transfer records. Users would be required to provide and verify personal identity information that is consistent with their registration information, and Muhe should verify the information provided by users, and offer assistance to those with consistent information. For the users who do not provide valid ID information, or whose ID information is inconsistent with the information registered, Muhe has the right to reject their requests.
5. User Obligations
Users should make their own access to the Internet with the necessary equipment, including but not limited to: computer, modem or other access device.
Access fees for telephone , network usage and other expenses should be borne by users.
Users agree to provide with truthful and accurate personal information, which would be the only evidence for account identification.
Users should comply with this clause and the terms of service in customer service area. And also to abide by the implementation published on <Magic Realms - Nostalgia> official website.
Users should comply with the relevant laws and regulations of People's Republic of China (if the user is outside the People's Republic of China, he/she shall abide by the laws and regulations of the country or region).
Users should be responsible for the contents they posted. Posts with the following contents are strictly forbidden:
Opposition to the basic principles of the Constitution of the People's Republic of China
Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
Jeopardizing national honor and interests;
Incitement to ethnic hatred or ethnic discrimination and undermining national unity;
Violation to the state religion policies or propagating cult and feudal superstition;
Spreading rumors, disturbing social order or undermining social stability;
Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime;
Insulting or slandering others, or infringing upon the legitimate rights and interests of others;
Preaching, abetting the use of plug, private server and Trojans related content;
Publishing links containing software or file which is unauthorized or judged as inappropriate by Muhe
Other contents that prohibited by the laws and administrative regulations of the People's Republic of China
Users may not interfere with software and services provided by Muhe, including but not limited to: invading or overloading Muhe website server or game server, cracking or modifying the client program, producing, publishing, spread, or using any form of game aids or programs that impede fairness of the game(including but not limited to plug-in), disrupting the normal progress of the game by using or spreading the vulnerabilities and errors of the program (bug), unreasonably obstructing others from using the software and services provided by Muhe.
Users agree that monitoring data in game would be the basis to determine whether a player has performed cheating by using plug-ins or other methods during the game.
When a user's data is found abnormal, Muhe has the right to take corresponding measures, including but not limited to account suspending or termination, as well as item isolation or withdrawal. The users who violate the obligations and are therefore subjected to account suspending, termination, item isolation, character deleting or other restrictive measures would not be entitled to request responsibility from Muhe.
It is forbidden for users to use any content in <Magic Realms - Nostalgia> for commercial gain without written permission from Muhe, including but not limited to: acting as an intermediary for in-game items trade and charging fees, or selling in-game items for profit. Otherwise, Muhe has the right to take the following measures: character attributes reduction, forced offline, temporary isolation, permanent isolation, account freezing, account termination or other measures. In serious cases, Muhe reserves the right to pursue legal responsibilities against the user.
For the accounts that are judged to have violated the order of the game and got punished, the owners have the right to ask Muhe for re-examination. Users who state for re-examination need to provide with their ID information consistent with the information registered, or Muhe has the right to reject their requests.
6. Service Interruption, Suspension and Termination
Suspension and termination for user services
Muhe would immediately stop its service to the users who post illegal information, seriously violate social morality, or perform other violations of law.
For the users with implementation of misconduct when using Muhe service, Muhe has the right to stop the service. The specific circumstances of the misconduct should be clearly stipulated in the terms, or be made clear by Muhe in advance. Otherwise Muhe may not stop its service.
For the users providing with false ID information or performing violation to the terms, Muhe has the right to suspend all or part of the service. Once suspension is adopted, Muhe has the responsibility to notify the user with suspension period, which should be reasonable, and the service should be resumed when the suspension is expired.
In the case Muhe needs to suspend its service based on above-mentioned terms, Muhe would bear the burden of proof.
Suspension and termination for <Magic Realms - Nostalgia> official website and <Magic Realms - Nostalgia> server
For proper operation of gaming sites and servers, Muhe needs to regularly shut sites and servers down for maintenance, or perform emergency shutdown. For the service disruption due to maintenance, users are expected to show understanding. Muhe is obliged to try to avoid service disruption and resume its service as soon as possible.
Muhe has the right to discontinue or terminate all or part of the services provided by the game server, and does not take responsibilities for inconvenience or losses to users or third party when one of the following situations occurs:
Regular inspection or construction, updating software and hardware. Muhe has the right to suspend the service, but Muhe would be endeavoring to complete the maintenance as soon as possible;
Servers suffer damage and break down;
Sudden hardware, software or electronic communications equipment failure;
Lines or other failure from network provider;
In emergency situations in accordance with the provisions of the law, or for the personal safety of users and third parties;
Third party or other force majeure reasons.
Muhe restrains the right to terminate or partially terminate the operation of <Magic Realms - Nostalgia> when it is necessary. Corresponding announcement would be published 60 days before termination.
Regardless of reasons to terminate the operation, users may take measures to their virtual items in <Magic Realms - Nostalgia>, including but not limited to: cancellation or stop using the game account, in-game virtual items or other related issues.
When operation terminates, except for virtual currency user bought and not yet used, users may not request Muhe to make compensation in any form for their virtual assets, including but not limited to compensation due to no longer be able to use the game account, in-game virtual items, etc.
7. Limitation of Liability
For the products and services provided by Muhe, Muhe makes the following limited warranty, which supersedes all the documentation, packaging, and other express or implied warranties (if any).
Muhe only offers relevant products, services, programs and supports that are at present state and contain all errors. Muhe only warrants as follows:
(1) Products and services provided by Muhe are in compliance with the formal announcement from Muhe.
(2) Related products and services offered by Muhe match the pledge in official announcement from Muhe.
(3) In the process of providing products and service, Muhe would be endeavoring to solve the problems, but only within a reasonable range of commercial permitted.
To the maximum extent permitted by applicable law, Muhe makes it clear that Muhe does not provide any other type of guarantee, including but not limited to: warranties of merchantability, suitability, reliability, accuracy, completeness, virus-free or error-free, either express or implied.
To the maximum extent permitted by applicable law, Muhe does not guarantee the products and services provided could necessarily meet the user's requirements, nor the products or services would never be interrupted or terminated. Muhe does not guarantee its products or services to be completely timely, secure or error-free, nor information transfer to be completely accurate and timely.
To the maximum extent permitted by applicable law, Muhe does not take responsibilities for users' accidental, indirect or special loss(including but not limited to, pecuniary loss or other losses due to negligence, personal injury, privacy leak, or failing to fulfill responsibilities) caused by using products or services Muhe provided.
All the contents posted by users within <Magic Realms - Nostalgia> game, or on <Magic Realms - Nostalgia> official sites are the users' own point of view and do not represent opinions from Muhe.
8. Information Storage, Safety and Restrictions for Release
Muhe would be endeavoring to maintain safety and convenience for all the services the terms included, however, Muhe does not take any responsibility for information(including but not limited to information published by users) deleting or save failure. In addition, Muhe reserves the right to determine whether the user's behavior meets the requirements of the terms. If a user violates the provisions of the terms, Muhe has the right to suspend the network service for the user.
9. Change of Terms
Muhe reserves the right to modify these terms when necessary. Once the change occurs, relevant announcement would be posted on important websites of <Magic Realms - Nostalgia> in advance, please check regularly. Users who continue to use the services covered by this clause will be deemed to agree with the modified contents, and users who does not agree to modify the contents have the right to stop using the services of the terms involved.
10. Intellectual Property
Muhe reserves the intellectual property for <Magic Realms - Nostalgia> game software, client, all the works and information on the official website, copyright, patent, trademark and other intellectual property rights. It is forbidden to use the intellectual property without authorization, or Muhe has the right to discontinue providing software and services to users, and shall pursue its legal responsibility to compensate for all the losses.
Furthermore, except for the user's name, ID number, telephone number and other personal identification data, all the data generated during users playing games and stored in Muhe servers, which includes but not limited to account data, the role of data, level, and virtual items data(including but not limited to, game currency, items), and other intellectual property rights and ownership belong to Muhe. Users have limited use rights for their account data during their normal use for <Magic Realms - Nostalgia> software and services in accordance with the terms.
To avoid controversy, for all the issues related to technical aspects, users agree to refer to the data stored on Muhe servers as a criterion. Muhe can ensure the authenticity of the data.
Muhe reserves the intellectual property of <Magic Realms - Nostalgia> software, client and program content. Unauthorized duplication, de-compiling, disassembly, reverse engineering, or using <Magic Realms - Nostalgia> content for commercial gain is strictly prohibited.
Announcement from Muhe to all users may take the following forms: public post on crucial sites, SMS message, e-mail or regular mail delivery. Meanwhile, Muhe is authorized by the users to send business information to their cell phone or email.
Whether user is the copyright owner, or user get authorization from the original copyright holder works to copy or duplicate, whenever user posts his/her works on <Magic Realms - Nostalgia> official site or forum by uploading, transmission, input or otherwise, Muhe is authorized with irrevocable permanent right of use and usufruct for the uploaded works. Still, the user or the original copyright holder reserves the copyright for his/her works.
This clause applies the law of the People's Republic of China, and excludes all applicable situations fitted by the Conflict of Laws
When the two sides dispute on the terms of the content or on its execution, both sides are recommended to be settled through amicable negotiation. If negotiation fails, both sides agree the dispute to be sent under the jurisdiction of Shanghai People's Court in Putuo District.
Muhe reserves the right of final interpretation for this clause.
If users have any questions on the terms, please contact: email@example.com
User's agreement: personal privacy information refers to information with which one can personally identify the user or make personal communication, including: user name, ID card number, home address, telephone number, IP address and e-mail address.
Non-personal privacy information refers to basic information recorded in Muhe server, such as user's operating status of the software, preference settings, and other general information that does not belong to personal privacy.
Generally, Muhe needs to access to users information based on the following reasons:
(1) Software validation services;
(2) Software upgrade services;
(3) Network synchronization services;
(4) Customer support and improvements on user's security;
(5) Muhe or its cooperator needs to provide the associated third party with their information because of users' application to some feature or requirements for some certain services;
(6) Implementation of the relevant provisions of Terms of Service;
(7) Other benefits to both users and Muhe.
Muhe respects privacy and focuses on the user information resources protection. Muhe adopts a variety of effective security technologies and procedures to protect user information from unauthorized access, use or leakage. Muhe does not publicly disclose user information to any third party, except in the following circumstances:
(1) Disclosure based on the provisions of national laws and regulations;
(2) Disclosure based on legal procedures requested by national judiciary or other government agencies with legal authority;
(3) Disclosure to protect the legal rights of yours and Muhe;
(4) Disclosure to protect the personal safety of other users and third-parties in case of emergency;
(5) Litigation or arbitration to the user in order to protect the legitimate rights of Muhe;
(6) Disclosure authorized by the user or user's guardian;
(7) Legal request from user's guardian to provide the user's personally identifiable information.
In addition to the above-mentioned exemptions listed in Article 3, Muhe does not take any responsibility in the following cases as well:
(1) Personal information leak because you told your user password to others, did not protect your password, shared account with others, or other reasons which are not caused by Muhe;
(2) Personal information leaks, lost, stolen or tampered with due to hacker attacks, computer and mobile terminal viruses, undesired results raised by technical adjustments from telecommunications sector, temporary closure due to government regulation, or adverse results caused by third party reasons (including force majeure, such as international exports backbone links and international export party telecommunications provider fails, fires, floods, lightning, earthquakes, floods, typhoons, tornadoes, volcanic eruptions, popular, strikes, war or violence plagues and epidemics or similar events, etc.) that restrain Muhe from normal operation, or other force activities that causes impact on network policy management, or other reasons which are not caused by Muhe;
(3) Personal information leak caused by with other sites and web links to Muhe and thus resulting legal disputes and consequences;
(4) Policy service malfunction or other losses caused by users (including minors users) providing Muhe with false, incomplete or inaccurate information;
(5) Policy service interruption caused by regular or irregular maintenance in order to guarantee proper operation of the site and the software;
(6) Other exemptions indicated on the contract between Muhe and users, and exemptions indicated on rules, regulations, terms and other disclaimers released or updated on Muhe websites.