Last modified: August 29, 2022

Important

Playbest Limited (“Playbest”) agrees to provide relevant internet-based services (the “Online Services”) in accordance with the terms of this Agreement and operation rules published by Playbest from time to time. In order to use the Online Services, users (the “Users”) agree to all terms of this service agreement (the “Agreement”) and agree to complete the entire registration procedures as per the instructions on the page. By clicking “I agree” during the registration process, Users shall be deemed to have fully accepted all terms hereunder.

Playbest may change the terms hereof from time to time and Users shall review the Agreement periodically. In the event of any change to the terms hereof, Playbest will remind Users by reflecting the changes on relevant pages of Playbest. The Agreement as changed shall, upon release on relevant pages, validly supersede the original Agreement. A User shall immediately cease the use of the services provided by Playbest if the User does not agree to any change made to the Agreement by Playbest. By continuing to use the services of Playbest after any change of the Agreement, Users shall be deemed to have fully agreed to the Agreement as changed.

Users may visit Playbest at any time to review the latest service agreement (https://yinhetest.sanguosha.com/cn/agreement?type=user). Before using services provided by Playbest, please carefully read this Agreement. A User shall cease using services provided by Playbest if the User does not agree to this Agreement or any change made hereto from time to time.

Minors shall read this Agreement in the company of their legal guardian and pay particular attention to those terms concerning minors’ use of services.

1. Content of Services

1.1 The specific content of the services of Playbest, such as membership awards and Playbest top-up system, etc. will be provided by Playbest based on the actual situation. Playbest reserves the right to change, suspend, or terminate the Online Services at any time.

1.2 When providing Online Services, Playbest may charge Users certain fees for some of the Online Services (e.g., online games and other telecom value-added services). In this case, Playbest will expressly inform Users on relevant pages and the User shall not use relevant Online Services if the User does not agree to pay such fees.

1.3 Users understand that Playbest provides the Online Services only and Users shall be responsible for devices (e.g., computers, mobile devices, modulators, and other devices related to accessing the internet) related to the Online Services and expenses incurred as a result thereof (e.g., telephone bills and internet access fee to be paid for accessing the internet).

1.4 Users shall use the Online Services with genuine software.

1.5 Playbest will, through its sales payment and billing system and customer service system, provide top-up channels for Users to obtain digital content products. Users understand that Playbest also provides user services to its affiliates, that is, some service content from Playbest obtained by Users may be provided by Playbest’s affiliates. If a User receives the content of Online Services from Playbest’s affiliates, the User shall be bound as agreed upon by the User and such affiliates regarding the Online Services provided. If an affiliate of Playbest is connected to the system of Playbest and, as a result, its existing users can use services provided by Playbest, such existing users shall become users of Playbest and their accounts shall automatically become Playbest pass accounts. Such existing users agree to abide by provisions of this Agreement as if they were users who complete registration directly in the system of Playbest. Whereas Playbest will provide such existing users with the top-up interface that is familiar to them (e.g., online game top-up interface) in the service process, such process is provided for the convenience of such existing users to receive services only and the relation between the existing users and Playbest shall remain governed by this Agreement.

1.6 Special tips about payments and [vouchers]

In the top-up system of Playbest, Users may obtain “vouchers” (or other tokens updated and issued by the top-up system of Playbest) by making payments to top up the account (including but not limited to topping up through bank cards or prepaid cards). For the purpose hereof, a “voucher” refers to a kind of token issued by Playbest for Users to redeem digital content products and/or other value-added services provided by Playbest and its affiliates.

 (1) Users can obtain vouchers only through the top-up system of Playbest and will not obtain vouchers by making payments or in kind on any preapproved top-up platform (including but not limited to topping up through a third party). Further, Users understand and acknowledge that Playbest provides no service for the trading of vouchers between Users. Users’ topping-up or trading of vouchers on top-up platforms or other trading platforms that are not preapproved by Playbest shall constitute a violation of the Agreement and Playbest shall be entitled to impose severe measures and punishment without notice. Upon verification of a violation, Playbest shall have the right to, depending on the situation, take any one or more of the following measures, including but not limited to, warning, deducting the remaining vouchers, freezing the account, suspending the account, and other technical measures that prevent such violations of Users. In case of a serious violation, Playbest reserves the right to take legal actions against the User.

2. Rules of Use

2.1 Users undertake to register as Playbest Users with real identity information, warrant the accuracy, completeness, and validity of the personal identity information provided, and bear legal liability for the information provided in accordance with stipulations of laws and provisions of this Agreement. Playbest reserves the right to verify the authenticity and validness of the identity information provided by Users in the registration process. If a User wishes to modify the personal identity information provided after registering as a User of Playbest with his/her real identity information, Playbest shall provide the User with such service in a timely and effective manner.

2.2 After completing registration successfully, each User will be assigned a user account and corresponding password and shall be responsible for keeping the same. Each User shall be obligated to properly keep and correctly and safely use the account and password and shall have entitlement to and bear liability for actions under the account. Playbest will actively take technical, administrative, and other reasonable measures to maintain the security and validity of user accounts. Users shall bear losses, whether directly or indirectly, resulting from loss of account and password or theft of account due to failure to perform obligations set forth above, including but not limited to (1) loss of Users resulting from Playbest’s failure or refusal to recover the stolen account due to technical barrier or failure of a User whose account is stolen to adequately prove that the loss or theft of the account and password is caused by intentional acts of others; (2) loss incurred as a result of Playbest’s failure to guarantee the security of all items in the stolen account after Playbest recovers the account; (3) loss resulting from failure to recover the items in the stolen account as such items have been legally acquired by other users after one or more rounds of circulation.

2.3 In addition to those set forth in Article 2.2, if a User finds illegal use of his/her account or password by others or other anomalies in use, the User shall promptly give notice to Playbest by a method published by Playbest and shall have the right to inform Playbest to take actions to suspend login and use of the account. Playbest shall, upon receipt of the notice from the User requiring Playbest to take actions to suspend login and use of the account, request the User to provide valid personal identity information and shall verify if such information is consistent with the identity information provided by the User in the registration process. If Playbest, upon verification, confirms that the valid personal identity information is consistent with the identity information provided by the User in the registration process, it will promptly take action to suspend login and use of the account. If the User fails to provide a valid personal identity document or the personal identity document is inconsistent with the identity information provided by the User in the registration process, Playbest shall have the right to refuse the User’s request.

2.4 If a User intends to protect his/her legitimate rights and interests and provides Playbest with valid personal identity information consistent with the identity information provided by the User in the registration process, Playbest shall provide the User with certification for the account registrant, original registration information, and other necessary assistance and support and shall, as needed, submit relevant proof information and materials to relevant administrative and judicial organs.

2.5 User agrees to receive promotional or other relevant information by e-mail or otherwise from Playbest.

2.6 In using the services of Playbest, Users shall:

(1) comply with applicable laws and regulations of the country of residence;

(2) not use the online service system for any illegal purpose;

(3) comply with all network protocols, regulations, and procedures related to the Online Services;

(4) not use the services of Playbest to do anything that may be detrimental to the proper operation of the internet;

(5) not use the service system of Playbest to transmit any harassing, slandering, abusive, threatening, vulgar, obscene, or other illegal information;

(6) not use the service system of Playbest to do anything that may be detrimental to Playbest;

(7) use communication channels provided by relevant consultation mechanisms regarding the services, products, and business of Playbest and its business partners and shall not make any negative publicity regarding Playbest and its services publicly; or

(8) immediately give notice to Playbest after finding any illegal use of the user account or any security vulnerabilities of the account.

2.7 Users shall abide by the relevant service agreement of the website of Playbest and the rules of use for other service items provided by Playbest when logging into the website of Playbest or accepting such service items with user accounts and passwords obtained in accordance with this Agreement. By logging into the website or receiving the service items, Users shall be deemed to have accepted the relevant service agreement and rules of use.

2.8 Unless permitted by laws or approved by Playbest in writing, in using services of Playbest, the User shall not:

(1) delete information regarding intellectual property rights on applications of Playbest’s services and copies thereof;

(2) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of applications of Playbest’s services;

(3) use, rent, lend, copy, modify, link to, reprint, assemble, release, publish or create a mirror image website for content in which Playbest owns intellectual property rights;

(4) access the computer information network or system of services of Playbest or use computer information network resources of Playbest’s services;

(5) copy, delete, modify, add, hack, or create derivatives of the application programs and functions, operational commands, or data stored/processed or transmitted of Playbest’s services by means including but not limited to using plug-ins, add-ons, or any third-party tools/services unauthorized by Playbest to access the services and relevant systems of Playbest or operating or publicly spreading such software or methods, whether for commercial purpose or not;

(6) log into or use services of Playbest through, or create, release or spread, third-party software, plug-ins, add-ons, or systems not developed or authorized by Playbest;

(7) interfere with or authorize any others or any third-party software to interfere with the application programs of Playbest and the component, module, and data thereof; or

(8) take any other action not expressly authorized by Playbest.

3. Ownership of Content

3.1 Playbest owns or has obtained a license from the right owners of, copyright, patent right, trademark right and other intellectual property rights, title or other rights (including property rights and moral rights) in and to all contents related to products and services provided by Playbest, including but not limited to art, music, software code, information, material, and technology.

3.2 Without the prior legal authorization of Playbest or the relevant right owner, Users shall not modify, plagiarize, copy, disseminate, transmit, display, distribute, authorize, sell, or create derivatives of any content, including but not limited to art, music, software code, technical information, and material, except for reasonable use permitted by laws and regulations (e.g., for personal learning, research, or appreciation).

4. User Information Protection

4.1 It is a basic policy of Playbest to protect the privacy of Users (particularly minors). Therefore, minors shall only use the services of Playbest after obtaining the consent of his/her parent (guardian). If the parent (guardian) permits a minor to use the services, he/she shall, in his/her capacity as a legal guardian, determine whether the services are suitable for the minor.

4.2 Without disclosing the privacy information of individual users, Playbest shall be entitled to perform technical analysis on the entire user database and use it for commercial purposes after such analysis. Despite the great efforts made by Playbest to protect Users’ privacy, Playbest does not immunize Users against any forms of loss with the existing technical security measures.

4.3 Without the permission of Users, Playbest shall not disclose to or share with any third party the name, valid personal identity document number, contact information, home address, and other personal identity information in Users’ registration information, unless in the event of:

4.3.1 disclosure authorized by a User or User’s guardian;

4.3.2 disclosure required by applicable laws;

4.3.3 disclosure required by judicial or administrative organs based on legal procedures;

4.3.4 lawsuits or arbitrations made against a User by Playbest to protect the legitimate rights and interests of Playbest;

4.3.5 provision of a User’s personal identity information as per legal requirements of the User’s guardian; or

4.3.6 disclosure for protecting the interests of the social public.

5. Disclaimer

5.1 Playbest does not warrant that:

(1) the services will meet Users’ requirements; or

(2) the services will be uninterrupted, timely, secure, reliable, or free of error.

5.2 Users expressly agree that Users will use services of Playbest at their sole risk, that they will bear all consequences resulting from their use of services of Playbest, and that Playbest will not be liable to Users in any manner.

6. Change, Suspension, or Termination of Services

6.1 Playbest will, to the extent possible, give a notice in advance if it is necessary to suspend Online Services for system maintenance or upgrading.

6.2 Playbest shall have the right to terminate the services provided to Users immediately if Users release illegal information or commit a serious violation of social morality or other actions in violation of prohibitive provisions of laws.

6.3 Playbest shall have the right to terminate the services provided to Users if Users, in using the services of Playbest, commit any prohibitive action expressly stipulated herein or which will trigger termination of services as expressly informed by Playbest in advance.

6.4 If Users provide false identity information in the registration process or otherwise violate the Agreement, Playbest will suspend the services and inform Users of the duration of the suspension. The duration of such suspension shall be reasonable and Playbest shall restore the services provided to Users upon the expiration of the duration of the suspension.

6.5 In addition to those set forth above, Playbest reserves the right to suspend or terminate the Online Services in part or in whole at any time without giving prior notice to Users and will not be liable to Users or any third party for any loss resulting from suspension or termination of all services.

7. Liquidated Damages

7.1 Users agree to protect and maintain the interests of Playbest and other Users and to indemnify Playbest or any other third parties for losses resulting from breach of applicable laws, regulations, or any provision hereunder by Users.

8. Governing Law and Dispute Resolution

8.1 ANY DISPUTE, CONTROVERSY, DIFFERENCE, OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING THE EXISTENCE, VALIDITY, INTERPRETATION, PERFORMANCE, BREACH, OR TERMINATION THEREOF OR ANY DISPUTE REGARDING NON- CONTRACTUAL OBLIGATIONS ARISING OUT OF OR RELATING TO IT SHALL BE REFERRED TO AND FINALLY RESOLVED BY ARBITRATION ADMINISTERED BY THE HONG KONG INTERNATIONAL ARBITRATION CENTRE (HKIAC) UNDER THE HKIAC ADMINISTERED ARBITRATION RULES IN FORCE WHEN THE NOTICE OF ARBITRATION IS SUBMITTED. THE SEAT OF ARBITRATION SHALL BE IN HONG KONG. THE ARBITRATION SHOULD BE CONDUCTED BY THREE (3) ARBITRATORS AND IN ENGLISH.

9. Notice and Delivery

9.1 All notices hereunder may be served by important page announcements, e-mails, or regular correspondence. Any notice shall be deemed to have been given on the date of delivery.

10. Miscellaneous

10.1 This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and other relevant matters. No other right has been conferred on any party hereof except for those provided for herein.

10.2 Any provision of this Agreement which is held to be void or unenforceable in part or in whole for whatever grounds shall not invalidate the remaining provisions hereof.

10.3 The headings used in this Agreement have been inserted for convenience of reference only and shall not have any legal or contractual effect.