bilibili Game User Agreement
Last updated: [Nov. 5, 2024]
You are now reading Our Game User Agreement (“Agreement”) which is a legal agreement between You and BILIBILI HK LIMITED. (“bilibili”, “We”, “Our”, or “Us”, as appropriate, Contact Address[Room C，21/F., CMA Building, No.64 Connaught Road, Central, Hong Kong]) regarding the Services You use from Us. “Services” means collectively, and sometimes individually, the following: (a) each of Our Games, and (b) any websites, software or other services We provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device, including without limitation all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, application services or other materials made relating to Our Games available by or through Us. “Game” means Our game that You download and access that is subject to this Agreement, regardless of where You download and/or access it.
Some Services may be available (or only available) through accessing (or downloading from) a third-party platform or store, including but not limited to, Facebook, the Epic Games Store, Steam game platform, the Google Play Store and Apple App Store (each, an “App Store”). Your use of the Services is also governed by any applicable agreements You have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s) from which You acquire one of Our Games and this Agreement with respect to your use of the Services, this Agreement will take priority.
To ensure your relevant rights while using the Services, be sure to carefully read the following regulations before You register to and log in to use Our Services, particularly those pertaining to exemption and liability of responsibility. We solemnly remind You to take note of the terms in this Agreement which exempt Us from liability and restricts the rights of users. Be sure to read the Agreement carefully and consider the risks.
Due to legal or technical reasons, or due to changes to Our business, the Services will be updated from time to time. We reserve the right to amend, modify or revise this Agreement at any time, and We will from time to time make amendments to this Agreement, and such amendments form part of this Agreement. We encourage You to check them regularly so as to ensure your rights and interests. Once We update this Agreement, We will issue an updated version and notify You in an appropriate and practicable way. Please ensure that You carefully read the updated Agreement. If You disagree with any revised terms of the Agreement, You should immediately terminate usage of the Services. If You continue to log in to or use the Services, You will be deemed to have recognized and accepted the revised terms of the Agreement.
IF YOU ARE YOUNGER THAN THE RELEVANT "AGE OF MAJORITY" WHERE YOU LIVE, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE "AGE OF MAJORITY" WHERE YOU LIVE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR UNDER THE AGE OF MAJORITY WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THESE TERMS OF SERVICES ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES, INCLUDING PURCHASES OR OTHER TRANSACTIONS MADE BY THE MINOR IN CONNECTION WITH THE SERVICES, WHETHER THE MINOR'S ACCOUNT IS NOW OPEN OR CREATED LATER AND WHETHER OR NOT THE MINOR IS SUPERVISED BY YOU DURING SUCH PURCHASE OR OTHER USE OF THE SERVICES.
TABLE OF CONTENTS
Article 1. bilibili Account & Password
Article 2. Application Scope of the Agreement
Article 3. Scope of Services
Article 4. Playing Our Games with Other Users
Article 5. In-game Virtual Items and Virtual Currency
Article 6. Testing
Article 7. Operation & User Responsibilities
Article 8. Game Updates & Suspension
Article 9. Terminating Operation
Article 10. Intellectual Property Rights
Article 11. Personal Information
Article 12. Responsibility Limitations
Article 13. Indemnity
Article 14. Trade Compliance
Article 15. Dispute Resolution and Governing Law
Article 16. Limitation on Claims
Article 17. Miscellaneous
Article 1 bilibili Account & Password
1. You may be required to register or have a bilibili Account and set up a Password in order to use the Services. To create an Account, You will be required to register as a User and accept this Agreement. If You do not accept the related terms, You will not be able to create an Account. To the extent You use the Services through the use of a third-party account (for example, your Account with Google or Apple), We may access certain personal information that this third party provides to Us such as your authorization ID and email address..
2. When registering as a User for Account creation, You agree that You will:
· provide accurate, up-to-date and complete information about You whenever prompted or permitted by any site registration process; and
· maintain and promptly update your personal information and keep your personal information accurate, up-to-date and complete.
3. 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.
4. 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 information. You shall be responsible for keeping your Account secure and confidential (including but not limited to usernames, Passwords or other related Account information) and Our staff (including customer service representatives, game managers, etc.) will never ask You for your Password. In the event of theft, unauthorized use or any other security breach pertaining to your Account or Password, or if it is otherwise used without your explicit consent, or if your Account's security has been compromised, You shall notify Us immediately. Once We have verified and confirmed that your Account has been used without your consent, We may suspend or terminate the use of this Account and Password combination and provide You with a way to change your Password via e-mail or another form of contact. If You fail to take the proper precautions and your Account and Password are used illegally, any such act will be attributed to the user and You will be held responsible. 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. We will regard all use of your Account as being by You, except where We have received and acknowledged your notification. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by You. We will not be liable for any loss or damage arising from unauthorized use of your display name, password, or Account or your failure to comply with this Agreement.
5. Account is unique as well as important to each user. You are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your Account. You shall not use other user(s)’ Account(s) at any time. We reserve all available legal rights and remedies to prevent unauthorized use of Our Services, including but not limited to terminate your Account immediately without any refund.
6. We may suspend or 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 bilibili and You. Besides, You will not be permitted to re-register as a User without Our express permission.
7. If You forget your Password, You should notify Us at once and follow Our instructions. We shall not be responsible for any losses (including virtual items (currency), points You attain in the Game, game progress, and content You post in the Game) incurred by You forgetting your Password.
8. Should your device's model change, or if it changes for any reason, and You wish to continue using your Account on the new device, You should follow Our procedures.
You have the rights to apply for your Account to be deleted, but You may only delete your own Account, and should do so according to the guidelines (e.g., contacting customer support) provided by this Service, and You should ensure that You meet the related terms for Account deletion. You will still be held responsible for your actions taken during the use of this Service before the deletion of your Account. You understand that if You request to have your Account deleted, or if We delete your Account in accordance with the terms of this Agreement, You will no longer be able to access the data for any Game (including but not limited to levels and score achieved in Game, or any Virtual Items (Virtual Currency) associated with your Account) in the Services previously associated with your Account. You may also choose to unlink the association between your Account and any one or several Games of your choosing in the Services. Should You do so, You may still use your Account to log in to other Games, but You may no longer access any data of the Game or Games You unlinked (same as above parenthesis).
Article 2 Application Scope of the Agreement
1. As for the Services We provide, the rights and obligations of the Services between You and Us shall be in accordance with the terms of this Agreement.
2. The actual Game management rules and regulations can be found in the Services or in the Game, and such Game management rules and regulations form part of this Agreement. You should also comply with these rules and regulations for each Game You choose to access and/or play.
Article 3 Scope of Services
1. The Services as provided by this Agreement pertains to all content generated by the Game program after You download and access the Game program on your personal computer, mobile device or other carrier, and with which You use to log in to the Game over the Internet to play said Game. However, this does not include your application to access Internet services to an Internet service provider, and the provision of hardware required to access Internet services. You shall be responsible for expenses pertaining to the aforementioned arising from the usage of the Services.
2. You may purchase any In-game Virtual Items and Virtual Currency (as defined in Article 5) or Our Game through payment method provided by Us. Our payment processing partners may have their own terms and conditions, and You should ensure that You agree to these terms and conditions prior to making a payment. Should your transaction with Our payment processing partner fail, your purchase will not be completed. Once your payment transaction has been completed, We will endeavor to complete your purchase and order as soon as possible.
Article 4 Playing Our Games with Other Users
1. Some of Our Games allow You to play against an opponent or to play socially with other users. You may be able to choose to play against another user or to play social with another user whom bilibili select for You either in selection at random or using such criteria as bilibili see fit in order to make these selections (your past scores, your country or region, or the level You have reached in the Game or your other gameplay activities, etc.) , or play against, or play socially with, one of your contacts on a platform or social network which You have allowed Our Games or Services to interact with. Some of Our Games may also allow You to search for your friends (by user names or by emails, etc.) in order to find them to play against or socially with. We may also display the displayed names of your past opponents so that You can easily find them to play again.
2. By accessing and/or playing Our Games You agree that Our display name, scores, avatar, country or region, online/offline status and other related details may be displayed in and all media (whether it exists now or in the future), for any purpose, in perpetuity without any payment to You. You also understand and agree that other users may find You by searching for You with your email address or username. Please note that We will only show your display name publicly, and not your email address; another user must already know your email address themselves in order to search for You.
3. Some of your Games may include functionality that may allow You to participate in text and/or video chat with other Users.
Article 5 In-game Virtual Items and Virtual Currency
1. The Game may contain Virtual Currency, such as coins, gold, and points, or Virtual Items or services, such as character skins, mounts and vehicles, digital cards, experience boosts, gear and other customizations for your In-game characters, and other such digital add-on items that may improve your Game experience in some way. When You purchase, earn, or obtain Virtual Items or Virtual Currency, You receive a personal, revocable, non-assignable, non-sublicensable, non-transferrable, non-exclusive, limited license to use the Virtual Points or Virtual Goods solely within the applicable Services or Games for your personal and non-commercial use. Virtual Items and Virtual Currency are non-transferable and non-tradable, in whole or part. Virtual Items and Virtual Currency are licensed, not sold for You. Except as otherwise communicated to You within the functionality of the Game, Virtual Currency and Virtual Items are not transferable from one Game to another. You may also be able to obtain certain Virtual Items and Virtual Currency without making a purchase, such as an In-game award.
2. You understand and agree to the calculation method for the cost and usage of Virtual Items and Virtual Currency. Virtual Items and Virtual Currency purchased will be deducted first, and only once these Virtual Items and Virtual Currency have been deducted, will Virtual Items and Virtual Currency obtained for free be deducted.
3. You acknowledge and agree that there are inherent incompatibilities between different operating systems may prevent your Account, Services data and recharge records in one operating system being shared across different operating system. Any risk of recharge loss or Game data loss resulting from switching between systems is solely your responsibility, and We disclaim any liability for such losses.
4. If You are an adult according to the laws of the area where You are accessing the Services from, You may purchase Virtual Items and Virtual Currency with real-life currency and/or other credit cards. You agree that Virtual Items and Virtual Currency may never be exchanged for real-life money, physical goods or real-life services. You may only receive Virtual Items and Virtual Currency from Us, and not from any third party.
5. When making payments paying, You may use third-party payment services, such as App Store. You should abide by the user agreements of these third-party payment services. We shall not be liable for any losses or disputes arising from the use of the third-party payment service, except in cases of Our own fault, willful misconduct, or negligence.
6. You agree that all Virtual Items and Virtual Currency obtained from Us are irrevocable, and 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 otherwise prescribed by mandatory provisions in law.
7. Except as otherwise prohibited by applicable law, We reserve the right to control, supervise, change, or delete any Virtual Items and Virtual Currency without being held responsible to You. In respect of the same to the fullest extent permitted by law, if We suspend or terminate your Account in accordance with this Agreement, You will lose any Virtual Items and Virtual Currency You may have, and We will not compensate You for any losses incurred.If specific regulations exist in the applicable country or region, such regulations shall govern.
8. You agree that You won’t assert or bring any claim against Us relating to (i) a claim that You have a proprietary interest in any Virtual Currency or Virtual Items; or (ii) a claim for an alleged monetary value of Virtual Currency or Virtual Items lost upon: deletion or suspension of your Account, or adjustments to the Game that result in the value of Virtual Items or Virtual Currency changing.
Article 6 Testing
1. From time to time We may offer a testing version of one of Our Services (a “Testing version”) for a Testing. As the name implies, a Testing version are not commercial launch versions, are not guaranteed to work properly, and may make other parts of your system not work properly as well. You acknowledge and agree to the following terms:
(1) We may automatically delete or modify the information stored on your computer related to the Testing version for any reason at any time during the duration of the Test;
(2) We may terminate the Testing at any time, which would then render your Testing version unplayable or unable to function properly. When We terminate a Testing, You must delete the local Testing version instance on your computer and all documents and materials You received from Us in connection with the Testing;
(3) Termination of a Testing by Us is not grounds for any kind of refund and your participation in a Testing does not entitle You to any compensation or any free Services, unless otherwise specifically announced by Us; and
(4) If and when We release a full (non-Testing) version of the particular Game and We may allow your use of the Game to continue to the full version. If so allowed by Us, your continued use of the Game will no longer be subject to this Article 6 but will still be subject to the rest of this Agreement.
2. Use of a Testing version is subject to confidential treatment of that Beta and all elements thereof, including without limitation to information disclosed by Us to You, or accessed or provided by You, in relation to the Testing (including any feedback provided and the Game itself). You agree that You will:
(1) not use any Confidential Information other than as necessary to use the Testing version in accordance with this Agreement;
(2) maintain Confidential Information in strict confidence and use the same degree of care to protect it as You use to protect your own Confidential Information, but in no circumstances less than reasonable care;
(3) not disclose the Confidential Information to any person or entity other than as permitted by Us; and
(4) not make any public announcements related to the Testing or the Service, including publishing or disclosing any information (e.g. screenshots and specifications) relating to the Testing, without Our prior written approval, which We may grant or withhold in Our sole discretion.
Article 7 Operation & User Responsibilities
1. While providing the Services in accordance with the terms of this Agreement, We shall maintain Our computer systems and provide security that can reasonably be expected based on technology and professionalism at the time.
2. You shall abide by applicable laws of the area where You are accessing the Services from. If any law applicable to You restricts or prohibits You from using the Services, You shall comply with any such legal restrictions or, if applicable, stop accessing and/or using the Services. You promise that any information You provide Us pertaining to the access of the Services is true, accurate and complete.
3. We may provide game-related information in the Services. You have no right to request that We provide or disclose internal information pertaining to the scoring method of the Services or the probability of Virtual Items drops and acquisitions unless otherwise prescribed by mandatory provisions in law.
4. All data available when You play the Game, including but not limited to characters, gear, items, monster abilities or other similar information, is designed by the Game company. We may make appropriate adjustments to related parameters to ensure the Game's fairness, and announce any such adjustments.
5. Information, data, applications, sound, images, graphs, videos, labels or other materials You or other users send, upload, exchange, transmit, or otherwise provide via this Service (hereinafter referred to as “Content”). You understand and agree that any Content You may send while Using the Services, whether published publicly or sent privately, is the sole responsibility of the Content sender. This means that You, not Us, are fully responsible for any Content uploaded, exchanged, or transmitted or otherwise provided via this Service. If We consider any Content uploaded via the Services violates any part of the terms of this Agreement, or said Content harms the reputation of Us or the Services, We reserve the right to delete said Content. Under no circumstances will bilibili 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 as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available through the Services.
6. You may not upload, disseminate or otherwise provide any of the following Content:
(1) Any Content that is illegal, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, slandering, obscene, hateful, racially, ethnically or otherwise objectionable in nature.
(2) Any Content that infringes on the privacy of others.
(3) Any Content that incites violence or racial/ethnic hatred.
(4) Any Content that infringes upon the intellectual property rights or other exclusive rights of others.
(5) Any Content that contains unsolicited or unauthorized advertising, promotional materials, spam mail, spam advertising mail, or any other form of solicitation.
(6) Any Content containing software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication device.
(7) Any Content that pertains to political issues of sovereign states, such as matters of national sovereignty, territorial disputes, and government policies.
(8) Any Content that violates any applicable laws or regulations.
7. You may not perform the following actions:
(1) Use the Services to harm, offend, or harass anyone.
(2) Use the Services to harm minors or make available Content that is harmful to children or minors in any way.
(3) Use the Services for fraudulent or abusive purposes (including but not limited to Using the Services to impersonate any person or entity, or otherwise misrepresent your relationship with any person, entity or the Services).
(4) Use the Services for any commercial or business purposes, or for the benefit of any third party, or to send unsolicited messages.
(5) Make, publish, disseminate or use any form of cheating tools or programs that hinder the fairness of the Game. These cheating tools or programs will copy, modify, add, delete, mount or create any derivative works of the software or the data released to any terminal memory during the operation, the interactive data between the client and the server during the operation, and the system data necessary for the operation, and modify the functions or operation effects of the software. The forms include but are not limited to plug-ins, plug-in programs, unauthorized third-party software, systems and so on. Given that cheating tools such as plug-ins are hidden or disappear after use, You understand and agree to use the monitoring data in the Our program as the basis for judging whether You use cheating tools.
(6) Impede, manipulate or obstruct the Services or the servers or network the Services uses or any other user's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
(7) Attempt to decompile, reverse engineer, disassemble or hack the Services, or compromise any encryption technology, security measures or data We transmit, process or store, or otherwise disrupt the normal running or the fairness of the Game.
(8) To under a fake name, with fraudulent behavior, or in other false ways pay for the purchase of Virtual Currency or Virtual Items.
(9) Forge headers or otherwise manipulate identifiers in order to disguise or mislead the origin of any Content or communications transmitted through the Services.
(10) Refund without proper reason, i.e., to refund after having purchased and used In-game Virtual Items and Virtual Currency.
(11) Transfer, agree to sell or trade any Account, Our Game or any Service without authorization.
(12) Collect or store any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission.
(13) Use the Services in any way that would affect Us adversely or reflect negatively on Us or the Services or discourage any person from using all or any portion of the features of the Services.
(14) Use the Services in violation of any applicable laws or regulations.
8. If We reasonably believe that You have seriously violated these terms (including multiple minor violations), We have the right to terminate this Agreement and reserve the right to take the following measures as part of Our effort to protect the Services or Our users:
(1) Block or intercept communications (including without limitation status updates, postings, messages, and/or chats);
(2) Delete In-game Virtual Items or other Game data, confiscate unjust gains, or roll back or reset data;
(3) Mute, temporarily suspend, or permanently ban login access;
(4) Temporarily or permanently isolate your Account, or force a disconnection;
(5) Revoke transactions, deduct proceeds from unlawful transactions, or restrict trading functions;
(6) Suspend and eventually delete the user Account.
9. Without limitation, any violation of the terms of this Agreement may be deemed as a serious violation. You understand that You have no right to ask Us for a refund should this Agreement be terminated. You agree to compensate Us for all losses, damages, claims and expenses incurred from violating the terms of this Agreement.
Article 8 Game Updates & Suspension
1. You understand that the Services or Game is an ongoing development. We will provide software updates or changes from time to time to improve the user experience and the Services, and may as such request that You accept updates to the Game or Services installed on your device. You understand and agree that We may update the Game or Services with Our without notifying You. You may need to update third-party software from time to time to access the Game or Services. You have the right to choose whether to accept Game or Services updates. If You do not accept an update, some functions may be restricted or unavailable to You.
2. We may update, patch or modify the software remotely and access the software residing on your machine or device for such purpose, and You hereby grant to Us the right to deploy and apply such patches, updates and modifications. All provisions of these Agreement that refer to “software” shall also include all such patches, updates and modifications.
3. To the fullest extent permitted by applicable law, We may change all or part of the Game or Services Content at any time and for any reason, or suspend or terminate the provision of the Game or Service without prior notice to You.
4. Should any of the following situations occur, We may suspend or terminate the provision of the Game and Services without prior notice to You:
(1) If We are unable to provide the Game or Services due to natural disasters such as earthquakes, tsunamis, typhoons, lightning, rainstorms or floods, or due to fire, power failure or other unforeseen events or circumstances, war, conflict, riot, unrest or labor dispute.
(2) If We are unable to provide the Game or Services due to regular or emergency maintenance of the system, maintenance required to provide the Game or Services or network system overload and issues of the provider.
(3) And in addition to the above, when We determine it necessary to suspend or terminate the provision of the Game or Service.
5. We shall not be held liable for any loss incurred by You as a result of changes, suspension or termination of the Game or Services described in this article, except for situations attributable to Us.
6. If You do not log in to or use the Services for consecutive365 days period, We may notify You to log in within 15 days. Should You not log in to the Services within that time frame, We reserve the right to delete or deactivate your Account and all Virtual Items and Virtual Currency in your Account shall be forfeited and no refunds will be made in respect of the same to the fullest extent authorized by law. Notwithstanding the above, normally We do not wish to delete your Account unless there are exceptional circumstances.
Article 9 Terminating Operation
Should this Agreement be terminated because We terminate the operation of the Game Services, We will, to ensure the legitimate rights and interests of Our users, deal with matters related to the termination of the Game operation in accordance with relevant laws and regulations, including but not limited to announcing said termination on the main page of Our Website, on the In-game login menu, or purchase menu prior to the termination. Virtual Items and Virtual Currency You have not yet used or Game Services that have not yet expired, may be settled on Our discretion to the fullest extent permitted by the applicable law.
Article 10 Intellectual Property Rights
1. Our Service including Our Content and Games is owned by Us or Our licensors. We grant You a non-exclusive, non-transferable limited right and license to install the software and to access and/or use the Services, subject to the terms and conditions of the Agreement and for personal use only. This license does not allow You to make any commercial use or any derivative use of the Services. All rights not expressly granted by Us under the Agreement are hereby reserved by Us. Any third-party scripts or code, linked to or referenced from the Services, are licensed to You by the third parties that own such scripts or code, not by Us. Our Service may involve third-party intellectual property rights. If such third-party has requirements for users to use such intellectual property rights in Services, You should comply with such requirements.
2. Our Services may let You upload, post and store photos and other content that You own, to which You retain your ownership and to which bilibili is entitled to a free, global, perpetual, non-exclusive, transferable, and sublicensable (through multi-level) license to use, including but not limited to text, images, video, audio, music, sound, dialogue, etc. You hereby confirm and agree that the forms of use include, but are not limited to, use in specific products and services or use for the promotion of corresponding products and services.
3. Game software, manuals, and all related merchandize products are protected by copyright law and belong to Us. To be specific, any materials that are part of the bilibili 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 bilibili Services) are protected by applicable laws from unauthorized use and shall not be copied, reproduced or modified in part or in whole in any way without Our express permission. By using or accessing the Services You agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services or its content, and You may not use any portion of the Services or its content to create any merchandize products without Our prior written consent. You also may not, without Our prior written consent, mirror or frame any part or whole of the Services on any other server or as part of any other website. In addition, You agree that You will not use any robot, spider or any other automatic device or manual process to monitor or copy Our content, without Our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
4. You shall not in any way provide operation (or hosting) services of the Game, intermediate services or obstruct, simulate or reset it. Related prohibited methods include but are not limited to setting up private servers, reverse engineering, modifying the Game, or adding new mods, or using certain tool programs to provide operation (or hosting) services of the Game.
5. The intellectual property rights of any data information (if any), except for your personal information, generated on Our servers during your participation in the Game belong to Us. You have limited usage rights to Game data information while You use the Game software and Service in accordance with this Agreement.
6. bilibili remains the sole owner of rights, titles and interests (including intellectual property rights, neighboring rights and other rights and interests) in and to the bilibili Services. You acknowledge and agree that You may not have any right or interest as a result of using the bilibili Services, except explicitly granted to You under this Agreement.
7. bilibili respects copyright law and expect Our users to do the same. It’s Our policy to terminate in appropriate circumstances Game Accounts of users who infringe or are believed to be infringing the rights of copyright holders.
8. All other rights not expressly authorized by other provisions of this Agreement are still reserved by the Us.
Article 11 Personal Information
1. We take very seriously the protection of Our users' personal information. We will adopt safety technology and other safety measures that match the Services, and establish a comprehensive management system to protect your personal information and prevent your personal information from being improperly used, from any unauthorized access and usage, or from being divulged.
2. The protection of personal information shall be handled in accordance with relevant laws and regulations. We may use your personal information within the scope required to fulfill this Agreement.
3. We have formulated an independent Privacy Policy to protect your privacy and standardize the use of personal information. Kindly read carefully said Privacy Policy at https://sdk-support-intl.biligame.net/userAgreement.html?game_id=10589&type=4&agreement_code=f774280814b75d72b6d5258952d0919f&lang=en .
Article 12 Responsibility Limitations
1. The Services are provided to You on an “as is” and “as available” basis without warranties or representations of any kind, express or implied. You assume all responsibility for your use of the Services. To the fullest extent permitted by applicable law, We disclaim all warranties, express or implied, which might apply to the Services, including implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, any warranties that may arise from course of dealing, course of performance or usage of trade, and any warranties as to the accuracy, reliability or quality of any content or info contained within the Services.
2. IN NO EVENT SHALL WE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF BILIBILI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. We will provide Our Services with the similar skill and care as other similar website service providers. If You have any issues with or if You are unsatisfied with Our Services, You may contact Us for discourse or You may stop using Our Services. We assume no responsibility for any interruptions or errors You encounter while accessing Our Services, unless otherwise agreed in this Agreement. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICES.
4. WE ARE NOT RESPONSIBLE FOR ANY OF THE FOLLOWING:
(1) LOSSES OR DAMAGES NOT CAUSED BY OUR VIOLATING ANY CLAUSE OR BY NEGLIGENCE.
(2) LOSSES OR DAMAGES NEITHER YOU NOR WE MAY REASONABLY FORESEE AT THE TIME OF YOUR AGREEING TO THESE TERMS OR ARTICLES, INCLUDING LOSSES INCURRED AS A SIDE EFFECT OF FORESEEABLE LOSSES. THESE MAY INCLUDE DATA LOSSES, OPPORTUNITY LOSSES, SERVICE INTERRUPTION, COMPUTER OR OTHER DEVICE FAILURES OR FINANCIAL LOSSES.
(3) ANY LOSSES OR INCREASE IN LOSSES CAUSED BY YOUR VIOLATING ANY OF THESE TERMS OR ARTICLES.
(4) LOSSES OR DAMAGES ARISING FROM TECHNICAL FAILURES OR THE AVAILABILITY OF OUR WEBSITE, GAMES AND/OR SOCIAL MEDIA CHANNELS THAT ARE NOT WITHIN OUR REASONABLE CONTROL.
(5) WE MIGHT PROVIDE THIRD-PARTY WEBSITES OR LINKS TO RESOURCES IN OUR SERVICES, BUT WE DO NOT GUARANTEE AND ASSUME NO RESPONSIBILITY REGARDING THE AUTHENTICITY AND VALIDITY OF CONTENT, ADVERTISEMENT, SERVICES, AND PRODUCT INFORMATION ON ANY SUCH LINK. THE INCLUSION OF ANY LINK DOES NOT IN ANY WAY IMPLY OR EXPRESS AFFILIATION, ENDORSEMENT OR SPONSORSHIP BY US OF ANY LINKED SITE AND/OR ANY OF ITS CONTENT THEREIN. WE ARE NOT LIABLE FOR ANY LOSS OR HARM THAT OCCURS TO YOU AS A RESULT OF SUCH SITES. IN ADDITION, THE SERVICES MAY CONTAIN LINKS TO THIRD PARTY TEXT AND VIDEO FEEDS (AND PODCASTS) (COLLECTIVELY, "THIRD PARTY FEEDS"), PRODUCTS, WEBSITES, SERVICES AND OFFERS, OR LINKS TO DOWNLOAD THIRD PARTY SOFTWARE APPLICATIONS. ADDITIONALLY, THIRD PARTIES MAY MAKE AVAILABLE, ON THEIR OWN WEBSITES, THIRD PARTY FEEDS, AND SOFTWARE APPLICATIONS. THESE THIRD PARTY LINKS, THIRD PARTY FEEDS, PRODUCTS, WEBSITES, SERVICES AND SOFTWARE APPLICATIONS ARE NOT OWNED OR CONTROLLED BY BILIBILI. RATHER, THEY ARE OPERATED BY, AND ARE THE PROPERTY OF, THE RESPECTIVE THIRD PARTIES, AND MAY BE PROTECTED BY APPLICABLE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. BILIBILI HAS NOT REVIEWED, AND ASSUMES NO RESPONSIBILITY FOR THE CONTENT, FUNCTIONALITY, SECURITY, SERVICES, PRIVACY POLICIES, OR OTHER PRACTICES OF THESE THIRD PARTIES. BY USING THE SERVICES, YOU AGREE THAT BILIBILI SHALL NOT BE LIABLE IN ANY MANNER DUE TO YOUR USE OF, OR INABILITY TO USE, ANY THIRD-PARTY FEED, WEBSITE OR WIDGET. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BILIBILI MAY DISABLE YOUR USE OF, OR REMOVE, ANY THIRD PARTY LINKS, THIRD PARTY FEEDS, OR APPLICATIONS ON THE SERVICES TO THE EXTENT THEY VIOLATE THESE TERMS OF SERVICE.
5. WE ARE ONLY RESPONSIBLE FOR LOSSES AND DAMAGES WITH REASONABLY FORESEEABLE CONSEQUENCES ARISING FROM OUR NEGLIGENCE OR VIOLATION OF THESE TERMS AND ARTICLES, WITH THE MAXIMUM AMOUNT BEING THE AMOUNT YOU HAD PAID US WITHIN 90 DAYS PRIOR TO THE DATE AT WHICH YOU MADE THE CLAIM. FORESEEABLE LOSSES AND LOSSES REFER TO LOSSES OR DAMAGES WHICH YOU AND US MAY THINK OF WHEN YOU AGREE TO THESE TERMS AND ARTICLES.
6. NOTWITHSTANDING THE FOREGOING, SOME COUNTRIES, STATES, PROVINCES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED ABOVE, SO THE ABOVE TERMS MAY NOT APPLY TO YOU. ALSO, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS IN YOUR JURISDICTION, AND NOTHING IN THIS AGREEMENT WILL PREJUDICE SUCH RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF THE SERVICES.
Article 13 Indemnity
You agree to indemnify and hold bilibili and each of their respective members, directors, officers, employees and agents harmless from and against all costs, actions, losses, damages, claims, demands, settlements, fines, penalties, liabilities and/or expenses, including attorneys' fees, arising howsoever under this Agreement including without limitation arising from or in connection with misrepresentation, negligence, omission, and/or breach of this Agreement on your part. This indemnity shall be granted whether or not legal proceedings are instituted and, if such proceedings are instituted, irrespective of the means, manner or nature of any settlement, compromise or determination. For the avoidance of doubt, nothing in this clause shall prevent or restrict Us enforcing any other rights and obligations owed to it under this Agreement.
Article 14 Trade Compliance
1. Collection of individual's information for sanction compliance purpose. You understand and agree that (i) for trade compliance purpose, bilibili is obligated to gather information on individuals using bilibili’s Services; (ii) bilibili fulfils these obligations by requiring individuals using bilibili’s Services to provide the information including name, nationality, birthdate, identify number, IP address, location, and other necessary information; (iii) You agree to provide such information mentioned in item (ii) so that bilibili can confirm the submitter’s identity, and verify that the submitter is not subject to sanctions or other legal restrictions.
2. You promise not to sign up for or use bilibili Account to engage in the following acts: for the purpose of conducting any action which violates, or would assist in violation of, applicable laws, regulations and rules, including restrictions under the U.S. sanctions and export control laws and regulations, or which would involve proceeds of any unlawful activity; any activity which would publish, distribute or disseminate any unlawful material or information.
3. Ensuring compliance with applicable sanction laws. You ensure that your use of bilibili's Services does and at all times will comply with all applicable laws and regulations, including, without limitation, all OFAC(the Office of Foreign Assets Control)-administered sanctions programs and any other sanctions programs.
4. Requirements before closing a bilibili Account. Before You apply to Us for closing your bilibili Account, in order to protect your Account security and property rights and interests, You must first check and ensure that the Account You are applying for closing meets the following conditions, including but not limited to: there is no violation of any applicable laws and regulations, including, without limitation, all OFAC-administered sanctions programs and any other sanctions programs.
5. Our right to decline, suspend, or close your Account. We reserve the right to decline to provide Our Services to You or immediately suspend or close your Account, without notice, if We learn or reasonably suspect, in Our sole discretion, that You will use or have used your Account to engage in unlawful or improper activity in violation of applicable laws or regulations. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.
Article 15 Dispute Resolution and Governing Law
This Agreement is governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China, and all conflicting legal provisions shall be excluded. Both parties agree that any dispute arising from this Agreement shall be submitted to the Hong Kong International Arbitration Centre for arbitration in accordance with the effective Hong Kong International Arbitration Centre Arbitration Rules. The final arbitration result shall be legally binding on both parties. Any arbitration shall be held in Hong Kong.
Article 16 Limitation on Claims
To the maximum extent permitted by applicable laws, any claim arising from or in connection with this Agreement and/or the bilibili Services, must commence within 365 days after You shall first become aware of or within 365 days 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.
Article 17 Miscellaneous
1. English Version. The English version of this Agreement will be the version used when interpreting or construing this Agreement.
2. Entire Agreement. This Agreement and any other document or information referred to in this Agreement constitutes the entire and exclusive understanding between You and Us regarding the Services and supersede any and all prior oral or written understandings or Agreements between You and Us regarding the Services.
3. Severability. If any part of this Agreement is deemed to be invalid or unenforceable under any applicable law or by an applicable court, that part shall be interpreted so that it remains consistent with the applicable laws, while reflecting Our original intent to the greatest degree possible. The rest of this Agreement shall remain valid and enforceable.
4. Waiver of Right. Our failure to exercise or enforce any of the rights in this Agreement does not mean that We waiver any such rights. Any waiver of such rights shall be effective only in written form signed by Us.
5. 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 bilibili. Otherwise, bilibili may, in its sole discretion, terminate providing any services to You without prior notice. Notwithstanding the foregoing, bilibili shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
6. Notification. All notifications sent by Us to You may be delivered via announcements within the Services, on the official website or important pages of the official Game forum, via email, or via regular phone calls, text messages, etc.
7. Contact Us. If You have any further questions about this Agreement, please contact Us via the In-game customer Services or on the official websites.