WECHAT GAMES Terms of Service (NON-PRC USERS)
Last modified: 26 September 2013
Welcome to Tencent! We offer a diverse range of services to our users. Your use of our products and services (“services” or “our services”) is subject to these Terms.
Compliance with these Terms
These Terms apply to you if you are a user of our services anywhere in the world other than the People’s Republic of China (and you are not a citizen of the People’s Republic of China).
You must comply with these Terms in your use of our services and only use our services as permitted by applicable laws and regulations, wherever you may be when you use them. You must review these Terms and our policies and instructions to understand how you can and cannot use our services. If you do not agree to these Terms, you must not use our services.
By using our services, you are agreeing to be bound by these WeChat Games Terms of Service between you and Tencent Mobile International Limited, a British Virgin Island company, with its business address located at Level 29, Three Pacific Place, 1 Queen’s Road East, Wanchai, Hong Kong (“we”, “our” and “us”) (these “Terms”).
Other terms in relation to these Terms
If you are under the age of 13, you must not use our services. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use our services.
If you are using our services on behalf of a company, partnership, association, government or other organisation (your “Organisation”), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms and in such circumstances “you” will include your Organisation.
We may translate these Terms into multiple languages, and in the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable law).
Additional terms and policies
Changes to Terms and our services
We may make changes to these Terms over time, so please come back and review them.
In addition, as our services and user experience are constantly evolving, we may from time to time (and to the extent permitted by applicable law) add, change or remove features from our services (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
Where we consider that any changes to these Terms or our services are reasonably material, we may notify you (either by direct communication to you, or by any other means), prior to the change becoming effective. By continuing to use our services after we make any changes to these Terms or our services, with or without notice from us, you are agreeing to be bound by these revised Terms.
You may need to create a WeChat or QQ Number account in order to access and use some of our services.
Your use of your WeChat or QQ Number account is subject to the relevant terms of service for WeChat or QQ Number, in addition to these Terms.
You are responsible for: (i) safeguarding any passwords used to access your account and our services, and (ii) all use of our services under your account. You must promptly notify us at firstname.lastname@example.org if you know or suspect that your password or account has been compromised.
You may, from time to time, make payments to us as part of your use of our services (including for the provision of our services or provision of certain additional features within our services). You may be subject to further terms of service provided by third parties that apply to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments.
When you submit, upload, transmit or display any data, information, media or other content in connection with your use of our services (“Your Content”), you understand and agree that:
• you will continue to own and be responsible for Your Content;
• we will not sell Your Content to any third party;
• you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve our services, including new services that we may provide in the future;
• in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future, provided that they are incorporated into our services which you use; and
• we may share Your Content with third parties that we work with to help provide, promote, develop and improve our services, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to our services).
• are allowed to retain and continue to use Your Content after you stop using our services- for example, where you have shared Your Content with other users of our services; and
• may be required to retain or disclose Your Content in order to comply with applicable laws or regulations, or in order to comply with a court order, subpoena or other legal process, or we and our affiliate companies may disclose Your Content in response to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere). You also agree that we may need to disclose Your Content in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of our services.
You understand that even if you seek to delete Your Content from our services, it may as a technical and administrative matter take some time or not be possible to achieve this.
Responsibility for Your Content
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times. You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
Infringements of rights
We respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands, and we reserve the right to block or remove Your Content, or suspend your access to and use of our services, as is in our opinion appropriate or as required by applicable laws and regulations. If you have any concerns about the use of Your Content or would like to report a claim of rights infringement, please contact email@example.com.
Advertising content on our services
Our intellectual property rights
All intellectual property rights in or to our services and software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trade marks or product names (for example, “Tencent”, “WeChat” or “QQ”), logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding our services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
Where our services involve you downloading and using any software from us, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the software in order to use our services in accordance with these Terms (including any specific technical requirements that relate to the software or its use on your particular device). Please note that these licence terms may be supplemented by terms and conditions applicable to the specific software.
You may not copy, modify, reverse compile, reverse engineer or extract source codes from our software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from our software, you will first contact us to request the information you need.
We may from time to time provide updates to our software. Such updates may occur automatically or manually. Please note that our services may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our software, or that such updates will continue to support your device or system.
Warranty and disclaimer
We warrant to you that we will provide our services using reasonable care and skill.
Apart from this warranty, to the extent permitted by applicable laws and regulation, all of our services and software are provided on an “as is” and “as available” basis and neither us nor any of our affiliate companies make any representation or warranty or gives any undertaking in relation to our services, our software or any content submitted, transmitted or displayed by our services, including: (i) any representation, warranty or undertaking that our services or software will be uninterrupted, secure or error-free or free from viruses; (ii) that our services or software will be compatible with your device; or (iii) that our services or software will be of merchantable quality, fit for a particular purpose or not infringe the intellectual property rights of any person. To the extent permitted by applicable laws and regulation, you waive any and all implied representations, warranties and undertakings.
Liability for our services and software
To the extent permitted by applicable laws and regulations, the total aggregate liability of us and our affiliate companies FOR ALL CLAIMS in connection with these Terms, the general end user licence agreement or our services or software, arising out of any circumstances, will be limited to the greater of the following amounts: (i) the amount that you have paid to us for your use of the specific service or software to which the claim relates in the 6 months immediately preceding the date of the most recent claim; and (ii) USD100.
To the extent permitted by applicable laws and regulations, in no event will we or any of our affiliate companies be liable in connection with these Terms, THE GENERAL END USER LICENCE AGREEMENt or our services or software for any damages caused by: (i) any natural disaster such as floods, earthquakes or epidemics; (ii) any social event such as wars, riots or government actions; (iii) any computer virus, Trojan horse or other damage caused by malware or hackers; (iv) any malfunction or failure of our or your software, system, hardware or connectivity; (v) improper or unauthorised use of our services or software; (vi) your use of our services or software in breach of these Terms or THE GENERAL END USER LICENCE AGREEMENT; or (vii) any reasons beyond our reasonable control or predictability. Nor will we, to the extent permitted by applicable laws and regulations, be liable under any circumstances for any indirect, special, consequential, exemplary or punitive damages or for any loss of business, revenues, profits, goodwill, content or data.
Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
• any liability for death or personal injury;
• any liability for gross negligence or wilful misconduct; or
• any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
Notwithstanding any other provisions of these Terms, nothing in these Terms limits or excludes any of your statutory rights in your jurisdiction (including any rights under applicable consumer protection regulation), to the extent these may not be excluded or waived under applicable laws and regulations.
You agree that you (and your Organisation, if you are using our services or software on behalf of such Organisation) indemnify us, our partners and our affiliate companies from and against any claim, suit, action, demand, damage, debt, loss, cost, expense (including litigation costs and attorneys’ fees) and liability arising from: (i) your use of our services OR SOFTWARE; or (ii) your breach of these Terms OR ANY TERMS OF THE GENERAL END USER LICENCE AGREEMENT.
Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of our services or software.
These Terms will apply to your use of our services until access to the relevant services is terminated by either you or us.
We may suspend or terminate your access to your account or any or all of our services: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of our services creates risk for us or for other users of our services, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use our services for a prolonged period; or (iv) for any other reason. Where reasonably practicable, we will give you notice of any suspension or termination.
Retention and back-up of Your Content
These Terms are the entire agreement between you and us in relation to our services. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable law, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms, by operation of law or otherwise without our consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or notice. You acknowledge and agree that in no event will our partners or affiliate companies have any liability under these Terms.
GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court), these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of the Hong Kong Special Administrative Region.
Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
Last modified: 26 September 2013
THE INFORMATION WE COLLECT AND HOW WE COLLECT IT
In providing our services, we collect, store and use the following Information relating to you:
“Information” is Personal Information and Non-Personal Information;
"Personal Information" is any information or combination of information that relates to you, and can be used to identify you. Personal Information may include the following:
• information you make available to us when you open an account or use our services, such as your name, telephone number, email address and credit card details;
• information which you make available to our services as you use them, including Shared Information you make available to others through our services and information you store using our services;
• Shared Information that others using our services make available about you, such as information contained in posts they make and communications they make to you and others using our services; and
• information we collect as you use our services, such as certain Location Data, Log Data and public information.
“Location Data” is information that we collect regarding your location (when you use a location-enabled service), including:
• the location of your device when you use our services, such as from the GPS, WiFi, compass, accelerometer or other sensors in your mobile device;
• the IP address of the device or internet service you use to access our services,
• other information made available by you or others that gives an indication as to where you are or have been located, such as account information that indicates where you are located and Shared Information you or others post indicating your location, such as any geotag information that is embedded in any photos you make available to us; and
• if you have provided us with your location data previously and would like us to delete such existing location data, you may be able to do so via our services.
"Log Data" is technical information that is automatically collected by us when you use our services, including:
• technical information such as your mobile carrier, configuration information made available by your web browser or other programs you use to access our services, your IP address and your device’s version and identification number,
• information about what you have searched for and looked at while using our services, such as web search terms used, social media profiles visited and details of other information and content accessed or requested by you in using our services;
• information about what apps and other software you have used and how you have used them;
• information about communications you have made using our services, such as the people you’ve communicated with and the time, data and duration of your communications; and
“Non-Personal Information” is any information that relates to you but from which it is not practicable to directly or indirectly identify you, including Personal Information in aggregated, anonymised or pseudonymised form.
“Shared Information” is information about you or relating to you that is voluntarily shared on our services, including postings that you make on our services (including your public profile, the lists you create), any postings from others that you re-post and including Location Data and Log Data associated with these postings. Shared Information also includes information about you (including Location Data and Log Data) that others who are using our services share about you.
HOW WE USE YOUR INFORMATION
We may use your Information for any of the following purposes:
• to provide our services to you;
• for customer service, security, fraud-detection, archival and backup purposes in connection with the provision of our services;
• to provide you with advertising (as discussed in more detail below under the heading “How We Advertise”);
• to better understand how you access and use our services, for the purposes of trying to improve our services and to respond to customer desires and preferences, including language and location customisation, personalised help and instructions, or other responses to your and other customers’ usage of our services;
• to help us develop our new services and improve our existing services;
• to assess the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with our services;
• for the purposes of software verification or administering software upgrades; and
• to allow you to participate in surveys about our products and services.
Please note that for the purposes of seeking to provide our users with a better experience, to improve our services or otherwise where you have consented, Personal Information collected through one of our services may, subject to user privacy controls (where available), be used by our other services (including in an aggregated or individualised manner).
For example, Personal Information collected during your use of one of our services may be used to suggest particular content that can be made available to you on another service or be used to try to present more relevant advertising to you in another service.
We may use your Information to try to offer advertising that is more relevant to you.
We may also use your Information for the purpose of sending you direct marketing (whether by messaging within our services, by email or by other means) that offer or advertise our products and services. Such products and services include our products and services and the products and services of our affiliate and subsidiary companies and joint venture partners, including messaging services, online media services, interactive entertainment services, social networking services, payment services, internet search services, location and mapping services, application software and services, data management software and services, on-line advertising services and other social media, entertainment, e-commerce, information and communications software and services (“Internet Services”).
SHARING OF YOUR PERSONAL INFORMATION
You consent to the third party use, sharing and transfer of your Personal Information (both inside and outside of your jurisdiction) as described in this section.
Communications From Us
Newsletters and other types of communications
When you use our services, we may use your Information to send you emails, newsletters or push notifications to your device. If you no longer wish to receive these communications, you can do so by following the unsubscribe instructions in the emails we send to you, opting out of notifications at the device level (if available) or contacting our Privacy Officer.
We may from time to time send you service-related announcements when we consider it necessary to do so (such as when we temporarily suspend one of our services for maintenance). You may not opt-out of these service-related announcements, which are not promotional in nature.
A WORD ABOUT SENSITIVE PERSONAL INFORMATION
In some jurisdictions, certain Personal Information, such as information about your race or ethnic origin, religious or philosophical views or personal health, is characterised as “sensitive” and is subject to stricter regulation than other personal information. Please note that content and information that you input to our services, such as photographs or information about your school or social activities, may reveal your sensitive Personal Information to others.
We urge you to consider whether it is appropriate to communicate Personal Information of a sensitive nature in the manner you are proposing to communicate it using our services.
Please note that we do not use your sensitive Personal Information for the purpose of serving advertising to you.
Children under the age of 13 are not allowed to use our services. We do not knowingly collect Personal Information from any children under the age of 13. Please contact our Privacy Officer if you believe we have any Personal Information from any children under the age of 13 and we will promptly investigate (and remove) such Personal Information.
TRANSFER, STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION
We operate and may continue to operate servers in a number of jurisdictions around the world, so the server on which your Personal Information is used and stored may not be in your jurisdiction.
We use a variety of security technologies and procedures for the purpose of preventing loss, misuse, unauthorised access or disclosure of Information.
RETENTION OF YOUR PERSONAL INFORMATION
Subject to applicable laws and regulations (including as set out under the “Sharing of your Personal Information” section above), we will only retain your Personal Information for so long as is necessary to fulfill the purposes as set out under the “How We Use Your Information” section above.
Subject to applicable laws and regulations, you may have the right to request to receive a copy of and make any corrections to your Personal Information which we hold; to request that we delete any of your Personal Information that is stored by us. You may direct such request to our Privacy Officer, or where we offer this option in our services, you may also log into your account with us and make the appropriate changes. We will respond to all requests made to our Privacy Officer under this “Retention of your Personal Information” section within 60 days.