Terms of Service

END USER LICENSE AGREEMENT

Last updated on April 15, 2022

This end user license agreement (this "EULA") is a legally binding agreement between you and H5 and our Affiliates (as defined below) ("we", "our" or "us"). By installing, using or otherwise accessing our services, you agree to the terms and conditions of this EULA. If you do not agree to any term of this EULA, please do not install, use or otherwise access our services. Your right to use our services is subject to your compliance with all of the terms and conditions set forth herein.

This EULA was written in English. To the extent any translated version conflicts with the English version, the English version controls.

This EULA applies specifically to:

-The registration and use of Your Account (as defined below);

-Your downloading, installing and/or using our games (including but not limited to PC games, web games, HTML5 games, mobile games, television/tablet games and any other form of games), including but not limited to any connected software, networks or services and any Updates (as defined below) we may make available to you (together, the "Software");

-Your access to services that are made available by us in relation to the Software (the "Services");

-Any Virtual Goods and Virtual Currency (each as defined below); and

-Any other text, images, graphics, photos, sounds, music, videos, audiovisual combinations, interactive content and any other media, content or information that may be made available to you through the Services (together, the "Content", and together with the Software, Services, Virtual Goods, Virtual Currency, the "Licensed Items").

You must only use the Licensed Items:

-you are a "natural person" (corporations, limited liability companies, partnerships and other legal or business entities may not use the Licensed Items), and you are not an individual specifically prohibited by us from using the Licensed Items;

-if you agree to this EULA;

-if you can lawfully enter into this EULA with us in accordance with applicable laws and regulations; and

-if applicable laws and regulations permit you to use the Licensed Items where you are when you use them.

You must comply with this EULA in your use of the Licensed Items and only use the Licensed Items as permitted by applicable laws and regulations, wherever you are when you use them. Please review this EULA and our policies and instructions to understand how you can and cannot use the Licensed Items.

If you are under the age of 13, you must not open an account and must not use any Licensed Items. If you are not an "adult" (as defined in the applicable in your jurisdiction), your parent or guardian must agree to this EULA (both for themselves and on your behalf) before you can use Your Account or any Licensed Items. If you are a parent or guardian, you accept responsibility for the user of Your Account and the Licensed Items, including but not limited to any payments, fees and charges relating to the Licensed Items, and you shall be responsible for monitoring and controlling the minors' access to our Services if our Services are not suitable for minors pursuant to the applicable game rating systems.

YOUR PRIVACY

Our PRIVACY POLICY, which is a part of this EULA, sets out how we collect, store and use your personal information which you provide while you use Your Account, the Licensed Items and our Services.

CHANGES TO THE LICENSED ITEMS, THIS EULA AND THE PRIVACY POLICY

We may make changes to this EULA over time, so please come back and review them.

In addition, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from the Licensed Items (regardless of whether or not any particular Licensed Item is free of charge or not), or suspend or terminate use of the Licensed Item altogether.

By continuing to use the Licensed Items after we make any changes to this EULA, with or without notice from us, you are agreeing to be bound by the revised EULA.

LICENSE TO USE THE LICENSED ITEMS

The Licensed Items are property belonging to us and our licensors. They are protected by copyright laws and other intellectual property rights laws worldwide as set out in the "Our Intellectual Property Rights" section below.

Software License

Subject to the terms of this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable (except as provided below) and revocable license, under which you may:

-use the Software in object code format only on your own devices for your own personal and non-commercial use in accordance with any instructions, user guides, FAQs or other requirements specified by us from time to time (the "Instructions") and this EULA; and

-use the Services, subject to the "Services License" section below.

Services License

Where Services are made available as part of your use of Software under this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable License to use the Services in accordance with the Instructions and this EULA.

You may be able to create certain content within the Services, such as gameplay videos or additional game characters. Such content is subject to the "Your Content" section below.

Virtual Goods and Virtual Currency License

Where Software enables you to purchase or acquire Virtual Goods and/or Virtual Currency, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable License to use the Virtual Goods and Virtual Currency in accordance with the Instructions and this EULA, in particular the terms set out in the "Virtual Goods and Virtual Currency" section below.

Content License

Under the terms of this EULA we grant you a limited, personal, non-exclusive, non-sublicensable, revocable right to access and use the Content through the means provided in the Software or the relevant Service for your use.

Your Content

When you submit, upload, transmit or display any data, information (other than your personal information, which we will collect, use and store pursuant to terms of the Privacy Policy), media or other content in connection with your use of our Services ("Your Content"), you understand and agree that:

(1)you will continue to own and be responsible for Your Content;

(2)you are giving us and our Affiliates the right to use Your Content (with no fees or charges payable by us to you) including but not limited to the right to create derivative works of, to publicly display, to reproduce, and to publicly perform Your Content, for the purposes of providing, promoting, developing and trying to improve our Services, including but not limited to our relevant Services that you submitted Your Content in and any other services that we may provide now or in the future;

(3)we may use the name that you submit in connection with Your Content (whether that be Your Account name, real name or otherwise);

(4)in using Your Content for these purposes, we and our Affiliates 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 but not limited to those that are developed in the future, provided that they are incorporated into our Services which you use;

(5)we may share Your Content with third parties that we work with to help provide, promote, develop and improve our Services, but we will not sell Your Content to such third parties (other than our Affiliates) for their use for their own purposes (i.e. for any purposes that are not related to our Services); and

(6)you will comply with the Instructions and this EULA, in your submission of Your Content.

In addition, you agree that we and our Affiliates (subject to this EULA, our Privacy Policy and applicable laws and regulations):

-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;

-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 Affiliates 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); and

-may need to disclose Your Content (including but not limited to any information relating to Your Account) in order to enforce this EULA, protect our rights, property or safety, or the rights, property or safety of our Affiliates 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 – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via our Services.

We reserve the right to block or remove Your Content for any reason, including but not limited to as is in our opinion appropriate or as required by applicable laws and regulations.

"Affiliate(s)" with respect to a legal entity (such as a corporation, partnership, or limited liability company) shall mean any other legal entity that controls, is controlled by or, is under common control with such legal entity. For the purposes of this definition, the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such legal entity, whether through the ownership of voting securities or by contract.

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 this EULA; and (ii) Your Content (and our use of Your Content in accordance with this EULA) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.

MONITORING AND PROHIBITED ACTIVITIES

We have no obligation to monitor Your Content and we are not responsible for monitoring the Services for inappropriate or illegal Content or conduct by other players. However, we do reserve the right, in our sole discretion, to monitor and/or record your interactions with the Services and other players (including but not limited to chat text and voice communications) when you are using the Services.

You agree not to engage in any of the following prohibited activities on or in relation to our Services, or allow any person to use Your Account to do the same:

(1)impersonate any person or misrepresent your affiliation with any person or entity in registering an account or in making any communications or sharing or publishing any content or information using our Services;

(2)name squat via Your Account name in a way that infringes any third party's intellectual property rights or other rights;

(3)send any unsolicited, unauthorized spam, advertising or promotional messages, or any other commercial communications;

(4)use our Services for any commercial purpose or for the benefit of any third party, except as expressly permitted by this EULA or otherwise authorized by us from time to time;

(5)submit, upload, transmit or display, through our Services, any content which breaches any laws or regulations, creates a risk of loss or damage to any person, is fraudulent, false, misleading or deceptive, harms or exploits any person, is hateful, harassing, abusive, defamatory, threatening, profane or otherwise objectionable, promotes or encourages self-harming, infringes any third party's rights, or is pornographic, sexually explicit, violent or otherwise of an indecent or offensive nature;

(6)violate any applicable laws or regulations, including but not limited to credit card fraud or bank account fraud;

(7)engage in any illegal or potentially illegal activities or transactions, including but not limited to sale of any illicit drugs or money laundering;

(8)gamble, provide gambling information or entice others to engage in gambling through any method;

(9)use or exploit any of our intellectual property rights without our prior written consent;

(10)access any of our Services through the use any automated bots, software, engines, crawlers, scrapers, data mining tools or the like;

(11)engage in any "framing", "mirroring," or other techniques directed at simulating the appearance or function of our Services;

(12)interfere with, or attempt to interfere with, any user's or any other party's access to our Services;

(13)intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items;

(14)share or publish any other person's personally identifiable information using our Services without their express consent;

(15)probe or test the vulnerability of, or otherwise circumvent any security features on, our Services;

(16)create multiple accounts for disruptive or abusive purposes; or

(17)engage in any other activity that encourages any person or entity to breach this EULA.

RESTRICTIONS ON YOUR USE OF THE LICENSED ITEMS

You may not, nor may you permit any other person to:

(1)use the Licensed Items in any manner or for any purpose which breaches the terms of this EULA or contravenes any applicable laws and regulations;

(2)use the Licensed Items to gain unauthorized access to any system, account or data;

(3)sub-license, rent, lease or sell the Licensed Items;

(4)directly or indirectly charge others for use or access to the Licensed Items;

(5)directly or indirectly suggest our support or endorsement of any product, service or content;

(6)transmit unauthorized communications through use of the Licensed Items, including but not limited to junk mail or spam;

(7)make the Licensed Items publicly available or available on any network for copying, download or use by any person or persons;

(8)remove, obscure or modify any copyright, trademark or other proprietary rights notice, marks or indications found in or on the Licensed Items;

(9)misrepresent the source or ownership of the Licensed Items;

(10)copy, reproduce, adapt, modify, translate or create derivate works from the Licensed Items in any manner not expressly permitted by this EULA;

(11)attempt to disrupt or interfere with the Licensed Items including but not limited to manipulating the legitimate operation of the Licensed Items;

(12)use cheats, exploits, automation software or any unauthorized third party software designed to modify or interfere with the Licensed Items;

(13)disrupt or overburden any computer or server used to offer or support the Licensed Items; or

(14)develop any plug-ins, external components, or other technology that inter-operate with the Licensed Items, except where we expressly permit you to do so.

INSTALLATION AND USE

You must ensure that your device meets the requirements for installing and using the Licensed Items set out in the Instructions, including but not limited to any requirements as to operating system and compatibility.

You understand that if you change devices or data is erased or wiped from your device, Your Content, game progress data, your Virtual Currency and your Virtual Goods may only be accessible through the retrieval methods we make available to Your Account from time to time.

YOUR ACCOUNT

You may need to create an account with us in order to access and use some elements of the Software ("Your Account").

Your Account is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use Your Account. Your Account name, user ID and other identifiers you adopt within our Services remains our property and we can disable, reclaim and reuse these once Your Account is terminated or deactivated for whatever reason by either you or us.

You are responsible for: (i) safeguarding the details of Your Account, including but not limited to 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 if you know or suspect that Your Account or its password have been compromised.

UPDATES AND CHANGES TO SOFTWARE AND SERVICES

We may, in our discretion, distribute corrections, updates, upgrades and new versions of the Software and/or the Services (each an "Update"). You agree to receive and permit us to deliver Updates to your device, and you acknowledge that, if you do not accept and install the Update, the Software and/or the Services may no longer operate with the full functionality or performance described in the Instructions or operate at all.

WARRANTY AND DISCLAIMER

We warrant to you that we will provide our Services using reasonable care and skill.

APART FROM THE WARRANTY IN THE PRECEDING SENTENCE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND NEITHER US NOR ANY OF OUR AFFILIATES 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 BUT NOT LIMITED TO: (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.

LIABILITY FOR OUR SERVICES

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATES FOR ALL CLAIMS IN CONNECTION WITH THIS EULA OR OUR SERVICES OR SOFTWARE, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE LOWER 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) USD$100.

YOU AGREE TO INDEMNIFY US, OUR PARTNERS AND OUR AFFILIATES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING BUT NOT LIMITED TO LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF OUR SERVICES OR SOFTWARE; OR (II) YOUR BREACH OF THIS EULA.

TECHNICAL SUPPORT

We may in our discretion provide technical support for the Licensed Items (whether for free or for a fee). We provide technical support without any guaranty or warranty of any kind and subject always to the "Warranty and Disclaimer" and "Liability for our Services" sections above.

PAYMENTS, FEES AND CHARGES

You may from time to time make payments to us or other third parties in relation to the Licensed Items. You agree that all such payments from you are subject to, and you will comply with, all terms and conditions of the relevant payment service. We bear no responsibility for any transactions processed by, or any payments made to, a third party.

You agree that any payments you make to us in exchange for your use of any Licensed Items is final and non-refundable, except where otherwise specified by us for a particular Licensed Item or as specified under the "Term, Suspension and Termination" section below.

VIRTUAL GOODS AND VIRTUAL CURRENCY

Some Software may include functionality which allows you to purchase and use virtual goods (for instance, additional characters or weapons within our games) ("Virtual Goods"). We grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, revocable License to use such Virtual Goods within the Software in accordance with any requirements set out in the Instructions and in this EULA.

You acknowledge that you do not own the Virtual Goods and/or the Virtual Currency. They do not represent any credit balance of "real world money" or the equivalent, and cannot be redeemed for "real world money" or anything of monetary value. Virtual Goods and Virtual Currency are provided solely for your enjoyment of the Software. All sales of Virtual Goods and Virtual Currency by us to you are final.

OUR INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or to the Licensed Items and our other Services and software will continue to belong to us and our licensors. Except as expressly provided in this EULA, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks, brand name, game character design, music, image, video, storyline, logo, domain names, distinctive brand features, and any other of our proprietary information or the layout or design of any page without our prior written consent.

THIRD PARTY SOFTWARE, CONTENT AND SERVICES

We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our Software or Services. Any reliance on or use of any content on or accessible from our Software or Services by you is at your own risk.

GOVERNING LAW AND DISPUTE RESOLUTION

Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, this EULA and any dispute or claim arising out of or in connection with this EULA will be governed by the law of the Hong Kong Special Administrative Region. Any dispute, controversy or claim arising out of, relating to, or in connection with this EULA will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in Chinese.