Effective Date: November 12, 2020
This Software License Agreement (“Agreement”) is a legally binding agreement between miHoYo Limited (“miHoYo”, “we”, “our”, or “us”) and you (“you” or “User”). This Agreement governs your use of or access to miHoYo Game(s), our online website, any game-specific site, customer support, social media, community channels and/or any other online services provided by miHoYo and any of our authorized third-party(collectively the “miHoYo Services”), whether as a guest or a registered user.
YOUR PARTICULAR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN SECTION 12 BELOW.
NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE ANY OF THE SERVICES WHILE UNSUPERVISED. PLEASE ENSURE THAT YOUR CHILDREN DO NOT GIVE OUT TOO MUCH PERSONAL INFORMATION, AND THAT THEY UNDERSTAND HOW TO USE THE SERVICES SAFELY.
“miHoYo Game(s)” refer to any game(s) that miHoYo has launched or in the future will launch or any of its game(s) during the test process.
miHoYo Game(s) include but not limited to the software of miHoYo Game(s) (including but not limited to the whole game software and any content, component, element or feature involved therein), any patches, updates, and upgrades to the application, any related content, documentation, add-ons, supplements, any game-related services made available to you by miHoYo under this Agreement, and/or any copy of the foregoing.
Please note the software of miHoYo Game(s) may contain Cheat Detection software or features. “Cheat Detection” means functionality intended to identify Cheats. “Cheats” means programs, methods, processes or other programs with software or hardware on any formats that may give users an unfair competitive advantage within miHoYo Game(s).
IF YOU DO NOT AGREE TO INSTALL THE CHEAT DETECTION SOFTWARE OR AT ANY TIME REMOVE OR DISABLE THE CHEAT DETECTION FEATURES, ALONE OR MAKE COMBINATION WITH MIHOYO GAME(S), THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT AUTOMATICALLY TERMINATES AND YOU MAY IMMEDIATELY STOP ACCESSING TO ANY OF THE MIHOYO SERVICES.
By making a registration or application for the Account, downloading the software of miHoYo Game(s), playing the miHoYo Game(s) (including but not limited to updates, upgrades, patches), browsing our websites, accessing various online operation or maintenance services, or otherwise accessing to any services provided by miHoYo, you are deemed to have read, understood, and accepted all the terms of this Agreement.
miHoYo reserves the right to amend, modify or revise this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of the miHoYo Services shall constitute your acceptance to be bound by the newly updated Agreement.
IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, PLEASE DO NOT, EITHER DIRECTLY OR INDIRECTLY, USE OR ACCESS TO THE MIHOYO SERVICES IN ANY WAY.
1. The miHoYo Account
You may be required to register or have a miHoYo account in order to use the miHoYo Services (“Account”).
To create an Account, you will be required to register as a User and accept the miHoYo Account Terms of Service. If you do not accept those terms, you will not be able to create an Account.
You may establish an Account only if you are a natural person and an adult in your country of residence and you are not an individual specifically prohibited by us from using the miHoYo Services.
When registering as a user (“User” or “Registered User”) you must select a unique username (or probably known as a "nickname" when registering as a user) and password and provide certain other requested information.
You agree that you will:
1) provide accurate, up-to-date and complete information about you whenever prompted or permitted by any site registration process (" Personal Data "); and
2) maintain and promptly update your Personal Data and keep your Personal Data accurate, up-to-date and complete.
You cannot use a username which is already allocated to another User, and the precondition to use the Services is that you do not choose a username which is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. Besides, while any registration process that we adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter. Also, we reserve the right to terminate your usership or Account and have the right to require your re-registration with a new acceptable username if, in our discretion, we consider that your username (or its use) is offensive or otherwise breaches the user terms in any way.
You agree to provide accurate and complete registration information, and you are not suggested to create an account name that reflects your real name or other personal data.
You shall be responsible for keeping your Account secure and confidential (including but not limited to usernames, passwords or other related account information). Also, you acknowledge that you shall be responsible for any and all behaviors performed and identified on or through your Account, whether or not authorized by you.
Account is unique as well as important to each user. You shall neither transfer or otherwise make your Account information available to third-parties, nor use other user(s)’ Account(s) at any time. If you sell your Account or other related information, miHoYo reserves the right to take actions, including but not limited to terminate your Account immediately without any refund.
We may terminate your usership or Account at any time for any reason without any further formality if we have reason to believe that you have failed to comply with any of the terms between miHoYo and you. Besides, you will not be permitted to re-register as a User without our express permission. If you decide to terminate your usership or Account, please contact our support service and we may terminate it as soon as reasonably practical after receiving your termination request.
You are responsible for maintaining the confidentiality of your Account information and if any third-parties uses your Account or otherwise access to your Account, you may not claim compensation from miHoYo. Besides, in the event of theft, unauthorized use or any other security breach pertaining to your Account, you may notify miHoYo immediately.
2. Rules of Usage
2) Subject to all applicable law (including US copyright law and DMCA), on the condition that you agree to and continuously comply with this Agreement, and any other separate agreements or policies (if any)between you and us, miHoYo hereunder grants you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable right and license to install and use one copy of the software of miHoYo Game(s) solely for your own personal entertainment and non-commercial purpose on a device you legally own or control.
3) You acknowledge and confirm that you may not, either directly or indirectly, do or attempt to do any of the following action with respect to any or all of the miHoYo Services:
i. Post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;
ii. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;
iii. Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests (including the rights of privacy, publicity or trade secret) of miHoYo or third-parties;
iv. Develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage;
v. Exploit, distribute or publicly inform third-parties of any game error, miscue or bug, regardless of an intended advantage or not;
vi. Sell, lease, rent, license, sublicense or otherwise use whole or part of miHoYo Services and related contents, information, element for a commercial purpose;
vii. Copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works based on any of the miHoYo Services;
viii. Use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the miHoYo Services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files or other unauthorized programs;
ix. Use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or
x. Allow or assist any third-parties to do any of the above.
You further confirm that your will respect local customs or practices and the use of the miHoYo Services shall obey any applicable laws or local regulations. And you shall immediately stop using or accessing to the miHoYo Services when local laws or local regulations so require.
Except as expressly authorized under this Agreement, you may not copy the miHoYo Services whole or part or any accompanying materials therein. Because the miHoYo Services contain our proprietary information, you agree: (a) to hold in the strictest confidence all code and any technical elements of the miHoYo Services, (b) not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose or otherwise transfer any of our un-public information, and/or (c)subject to all applicable law (including US Copyright law and DMCA), not to make use of the miHoYo Services except for your individual enjoyment and non-commercial purpose.
Except expressly authorized herein, any use of the miHoYo Services whole or part, without our prior written consent, is strictly prohibited and the license granted herein will be terminated. miHoYo expressly reserves the right to deny anyone access to the miHoYo Services at any time for any reason without prior notice. You further agree that miHoYo, without any liability, shall be entitled to suspend or terminate providing any of the miHoYo Services or change the provided content at any time for any reason without prior notice.
We reserve the right, but are not obligated, to attention or be involved in disputes between users. While we may choose to attention and take action upon inappropriate game play, chat or links in or to the miHoYo Services. You are solely responsible for any interactions with other users. By using the miHoYo Services, you acknowledge and accept that at any time there may be language or material, accessible on or through the miHoYo Services, that may be inappropriate, in particular for children, or otherwise offensive to some users of any age, race, religion, gender. You agree that under no circumstances shall miHoYo be liable for any such inappropriate user behavior or language. miHoYo reserves the right to suspend or terminate your access to the miHoYo Services and/or take other actions at the same time.
You further agree that miHoYo may not be liable for the behavior of any other users or third-parties, including but not limited to any third-parties’ websites or services linked on or through the miHoYo Services.
3. User Contributions
1) The miHoYo Services may contain various websites, forums, communities, networks, or other interactive features that allow you to post, submit, publish, display, or transmit any content or materials on or through the miHoYo Services (“User Contributions”), including but not limited to any text, forum post, chat post, profile, widget, message, link, feedback, email, music, sound, graphics, picture, video, code, audio visual or other materials appearing on or emanating to or from the miHoYo Services. miHoYo has no obligation to monitor these User Contributions, but we may do so and reserve the right, in our sole discretion, to monitor, filter, moderate, edit and/or remove any or all of User Contributions that are objectionable or inappropriate at any time without prior notice. miHoYo may also at any time terminate or suspend your access to any of the User Contributions for any reason and without prior notice.
2) Any of the User Contributions may not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, injurious to third-parties, or otherwise inappropriate or objectionable, and may not consist of or contain viruses or other kinds of destructive script code, plug-in unit, programs or software. You acknowledge that you shall be fully and solely responsible for you own behavior when using the miHoYo Services, including but not limited to any User Contributions posted by you. You also acknowledge and confirm that under no circumstance, shall miHoYo be liable for any User Contributions posted by you. You further confirm that any of the User Contributions are neither endorsed nor controlled by miHoYo.
3) You acknowledge and agree that when you use the miHoYo Services, you have no expectation that your User Contributions will be private and miHoYo may disclose your User Contributions for any reason without prior notice.
4) Any User Contributions that you post will be considered non-confidential and non-proprietary and you confirm that you irrevocably and unconditionally grant miHoYo a global, fully paid up, royalty-free, perpetual, transferable, sub-licensable and unlimited right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of, reformat, distribute, manufacture, sell, license, sublicense, transfer, rent, lease, transmit, communicate, publicly display, publicly perform, provide access to, or otherwise practice such User Contributions or any portion thereof, in any and all media, formats and forms, known now or hereafter devised. You understand that you shall not be entitled to claim any compensation, charges, fees, consideration, or other remuneration in connection with your User Contributions for any reason, including our exercise of the rights you grant to us in this section and that we are not obligated to exercise such granted rights. Furthermore, you agree that any such submission by you shall not create any contractual relationship between you and miHoYo. You also grant all other users, who can access to your User Contributions, the right to use, copy, modify, display, perform, create derivative works from, communicate about or otherwise distribute your User Contributions on or through the miHoYo Service without prior notice, attribution or compensation to you. Except to the extent such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country worldwide.
5) You represent and warrant that the User Contributions: (i) are accurate and not fraudulent or deceptive; (ii) do not violate any rights or interests (including but not limited to intellectual property rights) of miHoYo and/or third-parties. You understand that User Contributions may be copied by other users and discussed within or outside of the miHoYo Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Please note that miHoYo takes no responsibility and assumes no liability for any content posted by you or any third-parties.
6) WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER CONTENT THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE, AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY SUCH CONTENT. YOU MAY, HOWEVER, MAKE COMPLAINTS BY ACCESSING TO OUR SUPPORT SERVICE.
1) YOU ACKNOWLEDGE THAT THE BELOW STATEMENT WOULD CHANGE AT ANY TIME IF ANY PROTECTION OF MINORS POLICY IN YOUR COUNTRY/REGION UNDERGO CHANGES.
2) You represent that you are an adult in your country of residence (or at other age in your jurisdiction where you are classified as a majority) when using the miHoYo Services. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (“Minor” or “Child”), YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.
3) Subject to the laws, regulation or rating system demand of your country of residence, minor may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child to use an Account, you hereby agree to this Agreement on behalf of yourself and your Child, and you agree that you will be responsible for any use of the miHoYo Services by your Child, whether or not such use is authorized by you.
5. Ownership / Intellectual Property
1) miHoYo shall own all rights, titles and interests (including but not limited to the ownership, intellectual property rights, neighboring rights and other rights and interests) in and to the miHoYo Services under this Agreement. You acknowledge that your use of the miHoYo Services does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to (if any) any in-game rewards, achievements, characters, Virtual Currency, levels and other content. You further acknowledge that any character data, game progress, game customization and/or other data pertaining to your use of the miHoYo Services may cease to be available to you at any time without prior notice in the sole discretion of miHoYo.
2) Any or all of the miHoYo Services (including trade secrets, database rights, copyright, patent, trademark and other intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). To be specific, any materials that are part of the miHoYo Services (including but not limited to any content, websites, games, programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, themes, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, Virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained in the miHoYo Services) are protected by applicable laws from unauthorized use.
3) You agree that any or all of the miHoYo Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without miHoYo express prior written permission. Any use of our copyrighted materials, including but not limited to make derivative works, requires the express prior written consent of miHoYo. Please note any unauthorized reproduction or redistribution of the miHoYo Services shall be prohibited and may result in severe legal penalties.
4) miHoYo remains the sole owner of rights, titles and interests (including intellectual property rights, neighboring rights and other rights and interests) in and to the miHoYo Services. You acknowledge and agree that you may not have any right or interest as a result of using the miHoYo Services, except explicitly granted to you under this Agreement.
6. User Content
1) “User Content” means feedback, suggestions, comments, ideas, and/or any other information, including but not limited to software and code, that you provide, publish, or otherwise communicate directly or indirectly to miHoYo or our agents pertaining to the miHoYo Services. You confirm that you irrevocably grant miHoYo a global, irrevocable, fully paid up, royalty-free, perpetual, sub-licensable, transferable, assignable and unlimited license, allowing miHoYo to use, disseminate, copy, modify, sub-license, translate, publish, distribute, network transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell and/or otherwise use User Content for any purposes. You further confirm that any User Content provided by you hereunder may not infringe intellectual property rights, related rights and/or other proprietary or personal rights. Besides, your participation in a “test period” or a “beta version” game or something of that kind may be agreed upon separately and your access to our game may be subject to specific rules, such as limited period or limited number of users to access to the game, our reserved rights to modify or delete the game data of users. Please read carefully those specific rules and your cooperation and User Content upon our beta version of the game are highly appreciated.
2) If any such right or interest in the User Content may not be licensed or transferred under any applicable laws (such as moral or other personal rights), you hereby expressly waive and agree not to assert any such rights, credit and/or claim for any compensation from miHoYo.
7. In-Game Currency and Goods
1) The miHoYo Services may include an opportunity for you to purchase virtual, in-game currency (“Virtual Currency”) with real money. The miHoYo Services may also include the purchase of virtual, in-game digital items (“Virtual Goods”) with real money or Virtual Currency. You acknowledge that Virtual Currency and Virtual Goods shall never be redeemed for real money or any item with monetary value. You understand that both Virtual Currency and Virtual Goods are licensed, not sold, to you under this Agreement and miHoYo reserves and retains all right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.
2) Your purchase of Virtual Currency and/or Virtual Goods is non-exchangeable and non-transferable, except otherwise granted by laws of your country. Except inside the miHoYo Game(s), you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods, which is a violation of this Agreement and will result in a termination of your Account with the reserve of miHoYo’s rights to continue claiming for compensation.
3) miHoYo reserves the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You acknowledge and agree that miHoYo may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.
4) When you provide payment information to miHoYo or its authorized processor, you represent that you are an authorized user of any payment method specified by you, and you authorize miHoYo to charge such payment method for the full amount of the purchase transaction.
5) You agree and consent that due to the special nature of online game services, there is no physical goods transaction, and your purchasing experience comes from online game services provided by the game manufacturer. Therefore, refund is not applicable unless the Game operation is terminated.
8. Protection of Personal Information
9. Inappropriate User Behaviors
1) miHoYo holds you accountable for your own behaviors and languages, encourages you to play miHoYo Game(s) in a healthy and civilized manner, and strictly prohibits you from any improper or objectionable behaviors. You are prohibited from, in any way, claiming as our employees or disseminating false information either to miHoYo or third-parties, spreading vulgar information, posting illegal websites, spam advertisements or any information or materials involving drugs or otherwise attacking, threatening or insulting towards a portion or all of the users. Any dissemination of plugins, Trojan horse programs, or any other kind of viruses is also strictly prohibited.
2) You are prohibited from engaging in, directly or indirectly:
i. vulgar expressions, coarse language, abusive behavior, verbal harassment, either towards miHoYo or other users;
ii. use of any unapproved payment methods;
iii. use of cheating programs or other malicious game programs;
iv. dissemination of information or materials that violate popular customs, religious beliefs, habits or social morality of a portion or group of the public;
v. disclose, furnish, disseminate or otherwise make any of our or other users’ un-public information available to third-parties; and/or
vi. any other inappropriate behaviors or languages that may damage the reputation of miHoYo.
3) We reserve the right, but are not obligated, to attention or be involved in disputes between users. Depending on the relevant situation, miHoYo may take action, including but not limited to, sending a warning, blocking communications, suspending, off-lining, banning or terminating your Account temporarily or permanently, blocking login, deleting game files or otherwise take actions in our sole discretion. We reserve and maintain the final rights to interpret and take actions according to relevant circumstances of your inappropriate behaviors. If your rights are violated by other users, we will assist you in providing the necessary materials to defend your rights.
4) If you breach this Agreement or upon any user behavior whatsoever which is, in our sole discretion, an abuse and/or in violation of the spirit of the miHoYo Game(s) or otherwise inappropriate or objectionable to a portion or group of the public, we shall be entitled to, without prior prior notice, suspend your access to the miHoYo Services for an indefinite period of time, block your Account, terminate your access to our services and/or terminate this Agreement immediately without prior notice.
You agree to defend, indemnify and hold miHoYo and/or its affiliates, employees, officers, managers, directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:
1) your access or use of the miHoYo Services;
2) your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under this Agreement;
3) any materials, User Contributions, User Content or other information provided by you or on your behalf;
4) your violation of any applicable laws or third-parties’ rights and interests; and/or
5) your other illegal or inappropriate behavior.
11. Injunctive Relief
Without prejudice to any other rights or remedies that miHoYo may have, you acknowledge and agree that in the event of any threatened or actual breach of this Agreement, miHoYo shall, without proof of special damage, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which miHoYo may be entitled. You irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from miHoYo.
12. Limitation of Liability
1) You agree that your use of the miHoYo Services shall be at your own risk. miHoYo provides the miHoYo Game(s) and/or the miHoYo Services on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable laws, miHoYo and/or its affiliates, employees, officers, managers, directors, agents, disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of tort, contract or otherwise, and regardless of whether miHoYo has been advised of the possibility of such liabilities.
2) MIHOYO HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES AND REPRESENTATIONS, EITHER EXPRESS, IMPLIED, ORAL OR WRITTEN. miHoYo makes no warranties about the accuracy or completeness of the miHoYo Services. Also, miHoYo assumes no liability or responsibility for: (i) any errors, mistakes, or inaccuracies of the miHoYo Services; (ii) personal injury, property damage, lost profits, loss of data or any indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of the miHoYo Services; (iii) any interruption, suspension or termination of the miHoYo Services; (iv) any bugs, viruses or similar links transmitted by third-parties on or through the miHoYo Services; (v) any programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of you; and/or (vi) any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.
3) In no event shall miHoYo be liable to you or third-parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if miHoYo has been advised of the likelihood of such damages occurring.
4) miHoYo has no control over Third-party sites which you may have access, including those sites which are linked to our websites. Therefore, miHoYo is not responsible for the content or function of any other websites, and disclaims any liability for any aspects of such Third-party websites via your direct access or through our websites or software functionality. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.
5) THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF MIHOYO AND OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES, WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE (3) MONTHS PRIOR TO YOUR MAKING A CLAIM AGAINST MIHOYO. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.
13. Limitation on Claims
To the maximum extent permitted by applicable laws, any claim arising from or in connection with this Agreement and/or the miHoYo Services, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.
miHoYo reserves the right to amend, modify or revise this Agreement at any time in any way without prior notice and you agree to check periodically for new information and terms that govern your use of the miHoYo Services and you agree to be bound by all amendments, modifications and revisions. Your continued access to miHoYo Services will constitute your acceptance to the newly updated Agreement and any agreements or policies therein. If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of the miHoYo Services, your license under this Agreement shall immediately terminate and you may immediately stop accessing to the miHoYo Services.
No failure or delay on the part of miHoYo in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
If to you to the maximum extent permitted by applicable laws, miHoYo may send notices (including but not limited to various rules, notifications, prompts, or other information pertaining to the use of the miHoYo Services) to the users through one or more of the following, including but not limited to notice or announcement within the miHoYo Game(s), page announcement on the miHoYo’s websites, games, official channels, web site tips, mobile phone messages, email, or other contact information you provided to miHoYo.
Once any notice is dispatched or sent in any way listed above by miHoYo, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree to, please inform miHoYo in writing within 15 days as of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.
1) Without limiting any other rights of miHoYo, this Agreement will terminate automatically without prior notice if you fail to comply with any term or condition of this Agreement or any agreements or policies referred herein. You may also terminate this Agreement by deleting the miHoYo Game(s) from all devices on which you’ve installed and immediately stop your uses of the miHoYo Services. Upon any termination, you shall no longer exercise any of the rights granted to you and you must destroy all copies of the miHoYo Game(s) in your possession.
2) Despite the termination/expiration of this Agreement, your obligations accumulated prior to the termination/expiration shall still be fulfilled by you. Also, all the rights and interests of miHoYo and the authorization (if any) granted to miHoYo shall still remain in effect and survive the termination of this Agreement.
If any provision of this Agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible and deleted from this Agreement and the rest of this Agreement may not be affected and remain in effect. Notwithstanding the foregoing, if the class action waiver is found invalid, unenforceable, or illegal, you agree that it may not be severable. In other words, under no circumstances shall arbitration be conducted on a class basis without the express prior written consent of miHoYo.
19. Governing Law
1) This Agreement shall be governed by and construed under the laws of Hong Kong excluding its conflict of law principles. The Convention on Contracts for the International Sale of Goods will not apply. You agree and acknowledge that any claims or legal actions between you and miHoYo shall be referred to China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Centre for arbitration which shall be conducted in accordance with such commission’s arbitration rules. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Shanghai, China. You hereby consent to, and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
2) SUBJECT TO APPLICABLE LAWS AND REGULATIONS, BOTH PARTIES CONFIRM THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.
20. No Assignment
You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of miHoYo. Otherwise, miHoYo may, in its sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipient. Notwithstanding the foregoing, miHoYo shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
1) This Agreement contains the entire contract of the parties regarding the subject matter of this Agreement and supersedes any prior written or oral agreements (if any) between you and miHoYo.
2) References to “include”, “includes” and “including” shall be construed so as to mean include without limitation, includes without limitation and including without limitation, respectively.
3) Affiliate in this Agreement shall mean an entity that directly or indirectly controls, or is controlled by or is under common control with miHoYo Limited hereto.
4) miHoYo may translate this Agreement into other languages. If there is any difference between the English version and other language versions, then the English version, subject to applicable laws and regulations, shall prevail.
5) In addition to any other limitations which may be set forth herein, miHoYo may not be responsible for any delay or failure to perform resulting from causes outside the reasonable control of miHoYo, such as acts by governmental authorities, acts of God or other events outside of the reasonable control of miHoYo.
6) You agree that miHoYo expressly reserves the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny anyone using or accessing to the miHoYo Game(s) and/or the miHoYo Services; to cease providing any services; and/or to change, add any portion of the miHoYo Services.
7) You represent that you are entering into this Agreement on a completely voluntary basis and you expect no compensation other than what is expressly granted under this Agreement.
8) In case of any inconsistency between this Agreement and local laws of your country or residence, local laws shall prevail and govern.
If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance through email at email@example.com.
Effective Date: November 12, 2020