Tencent Institute of Games Terms of Service

Tencent Institute of Games Terms of Service

  • Welcome to the Tencent Institute of Games website (“Site”). You are now reading our Terms of Service (“Terms”) which is a legal agreement between you and Tencent Mobile International Ltd. (“we”, “us”, “our”, as appropriate), and governs your use of the Site.
    The End User License Agreement (“EULA”) and any product-specific terms and conditions shown to you at the point of log-in or purchase, rather than these Terms, will apply if you purchase, download or play our game products.
  • 1. A Few Important Notices—arbitration, class actions and damages

    PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. IMPORTANT NOTICE REGARDING ARBITRATION FOR RESIDENTS OF THE UNITED STATES, WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THESE TERMS ALSO INCLUDE A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SITE. BY USING THE SITE, YOU AGREE TO THESE PROVISIONS. IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SITE.
  • 2. Seizure Warning

    The Site may contain flashing lights, images, and other luminous stimulations which may induce epileptic seizures in certain individuals. If you have an epileptic condition, please consult your doctor before using the Site. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while using the Site, please immediately discontinue using the Site and consult your doctor.
  • 3. Children

    This Site may have content that is not appropriate for children under a certain age. Make sure you read, understand, and agree to these Terms if you’re going to use the Site.
    Some content available via our Site may not be appropriate for children under a certain age. In some cases, content or access may be restricted to certain age groups. Parents and guardians should supervise their children’s access to our Site and in particular, their use of any community areas.
  • 4. License and Use of the Site

    As long as you agree to these Terms (and as long as the Terms aren’t terminated—see Section 18), we grant you permission to access and use our Site.

    License Grant. So long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use the Site, including any Content, for your internal, personal entertainment or informational (as applicable) purposes leveraging only the functionality of the Site. Any other use of the Site and its components, other than as expressly permitted herein, is strictly prohibited. We and our licensors reserve all rights not granted to you in these Terms. “Content” means all articles and other written content, artwork, titles, themes, objects, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, job listings and descriptions, and any other content within the Site.

    User Generated Content. Our Site might allow users to communicate with other users and to create, post, upload, share and distribute various forms of content for and in connection with our Site, including pictures, photographs, videos and other information or materials (“User Generated Content”). We do not make any promises about the accuracy, integrity or quality of User Generated Content and do not endorse it in any manner. Enjoy what other users post or share on our Site, but do so at your own risk. By posting or sharing the User Generated Content on our Site, you are telling us you have the necessary rights and license to do so and are not infringing upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further acknowledge that you will not use or contribute User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. We may remove any User Generated Content and any related content or elements from the Site at our sole discretion.

    By sharing any User Generated Content through the Site, you acknowledge that we may make it available across our Site and sites of our affiliated companies and we may license, use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform or otherwise commercially exploit your User Generated Content in connection with operating and providing our products and services without paying you for using your User Generated Content.

  • 5. Account Registration and Management

    The Site we offer have certain age restrictions. Others may require an outside account. When you give us information, you need to make sure it stays up to date. Also, don’t share your account with others without our permission.

    (a) Age.To create an Account (as defined below) and access parts of our Site, you must be at least the minimum age for consenting to personal data collection under the law in your jurisdiction. If you are between the minimum age for personal data collection and age of majority in your jurisdiction, your parent or guardian must review this agreement and accept it on your behalf. Parents and guardians are responsible for the acts of their children under 18 years of age when using our Site. We may allow a minor under the minimum age for personal data collection to register for certain Site with the verified consent of a parent or legal guardian. The parent/legal guardian may be asked to provide additional documentation or perform additional actions as part of the verification and approval process as consistent with applicable law. We recommend that parents and guardians familiarize themselves with parental controls on the devices they provide their child.

    (b) Account Creation.To access parts of the Site, you will need to create a account (an “Account”), either via the Site or via your account with certain third-party services. Your Account is personal to you, and you may not assign or otherwise transfer your Account to any other person or entity, including by sharing your password.

    (c) Account Accuracy and Security. It is important that you provide Tencent with accurate, complete and up-to-date information for your Account and you agree to keep such information up-to-date. If you don’t, Tencent may suspend or terminate your Account and access to the Site. You agree that you will not disclose your Account password to anyone and will notify Tencent immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

    (d) You recognize that your failure to provide accurate information when creating your Account may result in complications in verifying your identity if an issue arises, such as fraudulent activity under your Account. Tencent will not be liable to you or any other party for any losses associated with your inability to access and control your Account due to fraudulent activity. Upon receiving reports regarding fraudulent activity under your Account, Tencent may, in its sole discretion, take action pursuant to a request you make, including verifying your identity to reinstate your Account.

  • 6. Licensed Game

    Our Site may let you upload, post and store your game and other content that you own. You retain your ownership of this content, to which we take a license.

    (a) Submission Requirements. You may submit your game (“Licensed Game”) to the site by following any written instructions we may communicate to you. You acknowledge and agree that the Licensed Game and related materials will not contain any functionality that allows in-game purchases, or in-game advertising, and that Licensed Game will comply with any applicable Tencent policies we may provide.

    (b) Representations and Warranties. You represent and warrant that (i) you have and will maintain all rights necessary to grant the rights to Tencent, its affiliates and Testers that are granted in this Agreement; (ii) you have and will have all rights necessary to fully perform your obligations under this Agreement free and clear of all agreements, liens, adverse claims, encumbrances, and interests of any person or entity, including your employees, contractors, and your contractors’ employees and agents; (iii) neither the Licensed Game, nor Tencent’s exercise of Tencent’s rights under this Agreement with respect to your Licensed Game or any related item, will infringe, misappropriate, or otherwise violate the intellectual property or any other rights of a third party, or any applicable law; (iv) you will comply with all open source licenses and that the Licensed Game will not contain any software code that is subject to a license requiring, as a condition of use, modification, or distribution of the software code, that the software code or other software code combined or distributed with it be disclosed or distributed in source code form, licensed for the purpose of making derivative works, or redistributable at no charge; and (v) the Licensed Game will not contain any hidden or undisclosed content, such as cut scenes, “Easter eggs,” or other unauthorized or hidden game play elements, regardless of whether or not that content is programmed to be accessible or inaccessible to a user or third party. You further represent and warrant that any materials delivered or submitted as part of your Licensed Game do not contain any computer code (1) designed to disrupt, disable, harm, or otherwise impede in any manner, including aesthetical disruptions or distortions, the operation of the computer program (e.g., “viruses” and “worms”); (2) that could disable the computer program or any computer system or mobile device or impair in any way their operation based on the elapsing of a period of time, the exceeding of an authorized number of copies, or the advancement to a particular date or other numeral (e.g., “time bombs,” “time locks,” and “drop dead” devices); (3) that could permit you or any third party to access the computer program or any computer system or mobile device without Tencent’s authorization (e.g., “traps,” “access codes,” or “trap door” devices); or (4) that could permit you or any third party to track, monitor, or otherwise report the operation and use of the computer program by Tencent or track, monitor, report, or obtain any data from any Subscriber (unless Tencent has provided prior written approval).

    (c) Ownership of the Licensed Game. You retain all right, title, and interest in and to the Licensed Game. Tencent does not own your Licensed Game or any portion thereof; you take full responsibility for your Licensed Games and the operation thereof. You are fully responsible for any disputes, responsibilities, and the like that arise from a user’s use of Licensed Game and the hosting of such Licensed Game on the Site, including the violation of relevant laws and regulations.

    (d) License. You hereby grant to Tencent and its affiliates a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license, under all intellectual property rights (including patent rights) that you own or control to evaluate and test your Licensed Game, including allowing Testers to download the Licensed Game via the websites or channels provided by you, and (ii) install the Licensed Game, or any portion thereof, on computer devices or mobile devices; (ii) modify Licensed Games to the extent required for the foregoing purposes.

  • 7. Access Conditions

    With respect to the Site and/or any Licensed Game, notwithstanding the requirement on User Generated Content set forth in Section 4, you agree not to post, upload, publish, submit or transmit anything or commit or engage in any act that:

    (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, rights of publicity or privacy, or any other legitimate rights and interests;

    (b) impersonates or misrepresent your affiliation with any person or entity;

    (c) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

    (d) is fraudulent, false, misleading, slanderous, insulting, deceptive, disruptive of social order and stability;

    (e) is defamatory, libelous, slanderous, obscene, pornographic, vulgar or offensive (including violence, terror, or encouraging of any crime);

    (f) promotes discrimination, bigotry, racism, hatred, harassment, cults, feudal superstition, or harm against any individual or group;

    (g) is violent, bullying, or threatening or promotes violence, money laundering or gambling, terrorism, or actions that are threatening or disrespectful to any person or entity;

    (h) harms minors in any way;

    (i) promotes illegal or harmful activities or substances;

    (j) in Tencent’s sole discretion, is detrimental to the enjoyment of the Site by other users including but not limited to use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming.

  • 8. Other Terms and Conditions

    Additional terms and conditions will apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions (e.g., Tencent Game Without Borders Developer Agreement), including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

    We may make changes to any information on the products or services provided on the Site at any time, without notice. The materials on the Site with respect to products and services may be out of date, and we make no commitment to update the materials on the Site with respect to such products and services.
  • 9. User Conduct

    By using or accessing the Site, you agree to follow the below User Conduct rules.
    You agree not to do any of the following with respect to the Site, as determined by us:

    (a) use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by these Terms;

    (b) misuse the Site, including by attempting to interfere with, disrupt, damage, hack, reverse engineer, modify, exploit bugs, glitches, vulnerabilities or unintentional mechanics of, or introduce spyware, time bombs, viruses, worms, or other potentially damaging computer programs into our Site;

    (c) use, or provide, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Site and us or that collect information about the Site;

    (d) copy, reproduce, distribute, display, mirror, frame or use them or any individual element within the Site (or any of our other materials, intellectual property, proprietary information, or the layout and design of any page or form contained on a page) in a way that is not expressly authorized in these Terms;

    (e) attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, datamine, decipher, decompile, or disassemble or make derivative works based upon the Site or any Content;

    (f) avoid, bypass, remove, disable, impair, descramble, circumvent, or modify any technological measure we or any of our providers or any other third party (including another user) implements to protect them or any of their associated intellectual property;

    (g) violate any applicable law or regulation; or

    (h) encourage, promote, take part in or enable anyone else to do any of the foregoing.

  • 10. Ownership of the Site

    Our Site, including our Content, are owned by us or our licensors.
    We and our affiliates and licensors own all title, ownership and intellectual property rights in the Site (including all Content therein, subject to your ownership set forth in Section 6). You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site. You understand and agree that you have no ownership interest in the Site or any Content therein. In the event that we in our sole discretion conclude that you are violating these Terms, you agree that we may exercise any or all of our rights under these Terms, including termination of these Terms and your access to our Site.

    Although we are not obligated to monitor access to or use of the Site or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Site, to ensure compliance with these Terms, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of these Terms or conduct that affects the Site.
  • 11. Third Party Websites and Resources

    Outside links are for your convenience, but we can’t guarantee them.
    The Site may contain links to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. We are not a party to any relationship or separate agreement entered into between you and any such third parties, and we disclaim any and all liability relating thereto. You acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.

    You agree that we are not and will not be responsible for any loss of damage of any type incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
  • 12. Newsletters

    By subscribing to our newsletter you agree to receive emails from us. The aim of our newsletter service is to keep our you updated about our products and services. The subscription to our newsletters service is optional.

    We reserve the sole right to either modify or discontinue the newsletter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. We reserve the sole right to unsubscribe users / visitors from or newsletter service, without notice. We will do so with any subscriber we deem registered with invalid or fake information.

    We require all subscribers to confirm their email address upon registration. You can opt out of receiving such communications anytime. Please read our Privacy Policy for information on how we collect, use, and disclose information that we collect from you.
  • 13. Data Charges and Mobile Devices

    This is a reminder that you are responsible for all data-related charges that you may incur for using our Site, including, without limitation, mobile and data charges. You should understand or ask your service provider what charges you may incur before using the Site.
  • 14. Warranty Disclaimers

    We don’t make any guarantees about the Site.
    TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SITE AND ALL MATERIALS AND INFORMATION AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TENCENT MOBILE INTERNATIONAL LTD. AND ITS AFFILIATES (TOGETHER, THE “COMPANY PARTIES”) EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT. The Company Parties make no warranty that the Site or the materials or information available through the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Company Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Site or the materials or information available through the Site.

    Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use in all geographic locations. We reserve the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
  • 15. Limitation of Liability

    This Section limits what you can recover from us in a dispute.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE OR RESULTS OF USE OF THIS SITE OR ANY CONTENT ON OR IN THIS SITE, EVEN IF THAT COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    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. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions.
  • 16. Indemnity

    If someone sues us based on your breach of this Agreement or your access or use of the Site, you agree to defend us or pay for our defense in that lawsuit.
    You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defense costs of, and hold the Company Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Site; (b) you or using your Licensed Game; or (c) any claim that, if true, would constitute a breach by you of these Terms. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement, based on any matter covered by this Section 16.
  • 17. Termination

    To the fullest extent consistent with applicable law, we may suspend, modify or terminate your access to and use of the Site and Content, with no liability or notice to you, specifically in the event that (a) we cease providing the Site (or parts thereof) to similarly situated users generally; (b) you breach any terms of these Terms (including our other policies specified in these Terms); (c) we otherwise deem it necessary to suspend or modify your access to and use of the Site or terminate these Terms in our sole discretion for any reason. Upon any termination, discontinuation or cancellation of the Site, these Terms, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or these Terms.

    The following Sections will survive termination of these Terms: 6(c), 10 (first two sentences only), 14 through 19.
  • 18. Dispute Resolution and Governing Law

    You are agreeing to the laws of Singapore. If there is a dispute between us, we agree it’ll be resolved through arbitration, with each of us paying our own costs.

    (a) Governing Law. These Terms and any action related thereto, including but not limited to any dispute, controversy, difference, or claim arising out of or relating to these Terms or the enforcement, interpretation, breach, termination or validity thereof or the use of the Site (collectively, “Disputes”) will be governed by the laws of Singapore without reference to choice of law rules but you will have the additional protection of the mandatory laws of the country in which you live. The mandatory laws of the country in which you live take priority over the laws of Singapore. The provisions of the U.N. Conventions on Contracts for the International Sale of Goods shall not apply.

    (b) Dispute Resolution. Any Dispute will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the Arbitration Rules of the SIAC in force at the time of delivery of the arbitration notice, which rules are deemed to be incorporated by reference in this clause. This section is set only to the extent permitted by law and does not prevent action in courts of competent jurisdiction of the territory of your principal residence where such a right cannot be excluded under applicable law.

    (c) Arbitration Rules. The arbitration will be conducted in accordance with Governing Law with the seat of the arbitration in Singapore and the language of the proceedings will be in English. The Tribunal will consist of three (3) arbitrators, with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment of such arbitrators will be confirmed by the SIAC, and both arbitrators will be instructed to and will agree on the third arbitrator within ten (10) days of their confirmation by the SIAC. Should either party fail to appoint an arbitrator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) will be appointed by the Secretary General of the SIAC. The arbitrators will award only such damages as are permitted to be awarded pursuant to these Terms.

    (d) Costs. Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.

    (e) Injunctive and Declaratory Relief. Notwithstanding anything to the contrary in these Terms, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.

  • 19. Miscellaneous

    (a) Entire Agreement. These Terms and any other document, policy, or information referred to in these Terms constitutes the entire and exclusive understanding between you and us regarding the Site and supersede any and all prior oral or written understandings or agreements between you and us regarding the Site.

    (b) Severability. These Terms describes certain legal rights. You may have other rights under the laws of your jurisdiction. These Terms does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in these Terms may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of these Terms are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and subject to Section 19(g), the remaining terms of these Terms will remain in full force and effect.

    (c) No Waiver. Your and our actions or inactions will not create any other rights under these Terms except as what is explicitly written within these Terms. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

    (d) Third Party Rights. A person who is not a party to these Terms will have no right under to enforce any of its terms.

    (e) Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy to the fullest extent permitted under applicable law. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

    (f) No Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

    (g) Changes to these Terms. We may, from time to time, change, modify or update these Terms, and the revised Terms will apply prospectively. For easier reference, we will change the “Last revised” date above.

  • 20. Contact Information

    If you have any questions about these Terms or the Site, please contact us at our Support Email Address.