Papergames Official Website User Agreement
Updated on [27], 2023
Effective on [27], 2023
This Papergames Official Website User Agreement (hereinafter referred to as “Agreement”) is concluded between you and Papergames when you browse and use the official website of Papergames and its related functions, and the Agreement shall constitute an effective contract.
In order to protect your legitimate rights and interests, please carefully read and fully understand the entirety of the Agreement, especially the clauses that seek to exclude or limit our liability, the clauses that impose restrictions on your rights, the clauses on the governing law and dispute resolution, and the like. Also, take note of any separate agreements concluded for the activation or use of specific services. The clauses mentioned above are usually highlighted in bold, color, or otherwise designated to draw your attention. Your acknowledgment of such clauses may result in your passivity, inconvenience, or loss under certain circumstances. It is advised to read the clauses mentioned above again before you confirm your consent to the Agreement or before using our services.
The Agreement, serving as the dedicated agreement for the official website of Papergames, shall have an independent effect. If you wish to use our services, you must read, agree to, and abide by the Agreement (when you use our products and related services, you are also required to abide by the agreements relevant to such products). By clicking on the ‘Agree,’ ‘Accept,’ ‘Next Step,’ or similar button, or by registering, logging in to, or otherwise using our services, you are deemed to have read and agreed to the entirety of the Agreement, at which point the Agreement shall officially come into effect. If you do not agree with any content of the Agreement, or if you do not fully understand any clauses herein, please refrain from any further actions and discontinue your use of our services.
If you are considered a child, the age of which depends on the definition of ‘child’ under the laws of your country/region of residence (for example, under the age of 13 in some countries/regions), it is not advisable for you to use our services. If you are over the age of a child under the laws of your country or region of residence but still considered a minor, the age of which depends on the definition of ‘minor’ under the laws of your country/region of residence (for example, under the age of 18 in some countries/regions), or if you do not meet the foregoing eligibility requirements, you must read the Agreement while accompanied by your parent (or guardian). You may use our services only with your parent’s (or guardian’s) consent to all the terms herein.
In particular, if you are under the age of 18 or the statutory age for employment in your country or region, please refrain from providing us with any information in the recruitment section of the Papergames official website. This is to comply with the requirements under applicable laws and protect your personal information.
Article 1: Definitions
1.1. The term ‘Agreement’ refers to the main body of the Papergames Official Website User Agreement, Papergames Official Website Personal Information and Privacy Protection Policy, and their revised version(s). All of these, once officially released, shall constitute an integral part of the Agreement and hold the same legal effect as the main text hereof.
1.2 Papergames, or ‘we/us’ herein, refers to Paperlab Entertainment Inc. and its affiliated entities that provide you with Papergames games and services.
1.3 Papergames Products collectively refer to the websites, games, and other applications, software, and tools developed and/or operated by Papergames. This includes computer client products, web products, HTML5 products (H5 products), mobile terminal products, TV products, host-side products, cloud game versions, and products in other forms. If provided in the form of software, Papergames Products also encompass the relevant software and documentation.
1.4 Papergames Services refer to various operational services provided by Papergames in connection with Papergames Products.
1.5 You, referred to as ‘user’ or ‘player’ herein, denote the natural person granted authorization to use Papergames Products and Papergames Services upon reading and accepting the Agreement.
Article 2: Changes and Effectiveness of the Agreement
Article 3: Account
3.1 To use Papergames Products and access Papergames Services, you must create an account for the Papergames Products that you have the right to use, or use a third-party account recognized by Papergames as the product account.
3.2 If you use a third-party account recognized by Papergames as your account for Papergames Services, you must adhere to the agreements and rules related to that third-party account. If you encounter any issues preventing you from using Papergames Services due to reasons associated with the third-party account (including but not limited to the account being compromised or banned), you are responsible for contacting the third party to resolve the issue. Papergames may offer assistance as deemed appropriate.
3.3 You fully understand and agree that Papergames shall have the right to verify the authenticity and validity of the identity information provided during user registration. Papergames will actively implement technical, administrative, and other reasonable measures to protect the security and validity of user accounts. Users are obliged to securely store their account numbers and passwords and use them correctly and safely. If either party fails to fulfill the obligations mentioned above, resulting in the loss of the account password, the account being compromised, or other circumstances that cause damage to the civil rights of the user and/or others, that party shall bear the legal liabilities arising from it.
3.4 If you discover that your account and password have been fraudulently used, compromised, or used without lawful authorization, you should promptly notify us and provide guidance on the actions to be taken. When notifying us, please provide valid personal identity information that matches the information you provided during user registration. Upon receiving your valid request and confirming your identity, we will take appropriate measures, including but not limited to suspending login and account usage as per your request or considering the specific circumstances. You will be solely responsible for any losses incurred by you or other users as a result of us taking appropriate measures at your request. Failure to provide valid personal identity information or providing information inconsistent with your registered identity may lead to our rejection of your request, and any resulting losses will be your sole responsibility.
3.5 You understand and agree that you shall not, by any means, provide your account to others for use. This includes but is not limited to not sharing your account with others for commercial or non-commercial purposes, such as transferring, renting, borrowing, or gifting your account. Otherwise, you shall be solely responsible for any legal consequences arising from such actions. Papergames also reserves the right to take measures against your account, including but not limited to issuing warnings, restricting or prohibiting your use of all or part of the account functions, deleting your account and its data, as well as related information, banning the account, or even terminating your account. Any consequences resulting from such actions will be entirely your responsibility.
Article 4: Collection, Use, and Protection of User Information
4.1 You agree and authorize Papergames to collect and use your user information based on the principle of legality, legitimacy, and necessity for the performance of the Agreement or for providing, maintaining, or improving Papergames Services, as well as for other purposes explicitly outlined herein for which your consent is requested. This user information includes, but is not limited to, the information you provided during your account registration, the product data associated with your product account, and any other information you have provided to Papergames during your use of Papergames Services or information that Papergames needs to collect for the purpose of security, optimizing user experience, and other relevant considerations. The collection of your user information by Papergames will adhere to the provisions of the Agreement and applicable laws.
4.2 It is a fundamental principle of Papergames to protect user information and privacy. Unless otherwise specified in the Agreement, the collection, use, and protection of user information by Papergames will adhere to the Papergames Official Website Personal Information and Privacy Protection Policy, as well as other agreements (when you use our products and related services, you are also required to adhere to the privacy policies relevant to such products). Unless otherwise provided by law, if you have previously granted consent or authorization to Papergames for the collection, use, or processing of your personal information under the agreements or provisions mentioned above, your subsequent withdrawal of such consent or authorization will not retroactively affect the prior collection, use, or processing of your personal information by Papergames based on that consent or authorization. Papergames’ previous collection, use, or processing of the relevant personal information shall remain in effect.
Article 5: Papergames Services
5.1 In the event of your breach of any provisions in this Agreement, Papergames reserves the right to take appropriate measures and may publish the results of such measures. Papergames also has the right to seek compensation from you for any losses incurred by Papergames due to your breach of the contract.
5.2 You fully understand and agree that Papergames, at its reasonable discretion, has the right to address violations of the relevant laws and regulations or breaches of the provisions in this Agreement. Papergames may take appropriate legal actions against users who have violated any laws and regulations, and it may maintain and report relevant information to the competent authorities in accordance with laws and regulations. All legal liabilities arising from such actions will be solely the responsibility of the user.
5.3 You fully understand and agree that you shall be solely responsible for any third-party claims, demands, or losses resulting from or arising out of your violation of the provisions of the Agreement or the relevant terms of service. If Papergames has suffered any losses therefrom, you shall also be liable to pay compensation to Papergames.
5.4 Papergames has not authorized you to acquire accounts for Papergames Products or Papergames Services through methods such as purchasing, accepting a gift, or any other means from third parties. Papergames shall not assume any responsibility for third-party transactions and will not accept any complaints related to disputes arising from such transactions.
5.5 In no event shall Papergames be liable for any losses suffered by you while using Papergames Services due to a force majeure event. Force majeure events include, but are not limited to, the laws, regulations, and policies of countries, orders of government agencies, and other government acts, as well as other unforeseeable, unavoidable and insurmountable events such as earthquakes, floods, snowstorms, fires, tsunamis, typhoons, strikes, wars, epidemics, and so on.
Article 6: Code of Conduct for Users
6.1 You fully understand and agree that you are responsible for all actions taken under your account, including any content you publish and the consequences that may arise from it. Unless otherwise provided by law, any legal actions carried out using your registered account will be presumed to be your own.
6.2 You may use Papergames Services only in accordance with the provisions hereof, and shall not engage in any actions infringing upon Papergames’ intellectual property rights or other actions detrimental to the legitimate rights and interests of Papergames or other third parties.
6.3 When using Papergames Products and Papergames Services, you must abide by the laws and regulations and shall not use Papergames Products or Papergames Services to engage in any actions in violation of laws and regulations, including but not limited to:
(1)Inciting hatred and discrimination among ethnic groups, undermining the unity of ethnic groups, or violating the customs and habits of ethnic groups.
(2)Spreading rumors to disturb social order or undermine social stability.
(3)Advocating obscenity, pornography, gambling, violence, or abetting a criminal offense.
(4)Insulting, slandering, or bullying others, or infringing upon the legitimate rights and interests of others.
(5)Acting contrary to social morality.
(6)Other actions that are prohibited in the regions or countries where Papergames Products and Papergames Services are offered.
6.4 Unless permitted by law or with prior written consent from Papergames, you may not:
(1) Create a mirror site related to Papergames Products or Papergames Services, store webpages (website) in a cache, or provide others with services identical or similar to Papergames Products or Papergames Services by setting up servers or otherwise.
(2) Use any part of Papergames Products or Papergames Services for separate use or for any purpose other than those specified in the Agreement.
(3) Use, modify, or conceal the name, trademark or other intellectual property rights related to Papergames, Papergames Products, or Papergames Services.
(4) Engage in any other conduct that is not expressly authorized by Papergames.
6.5 Papergames shall have the right to take one or more measures as provided in this Article in accordance with the provisions of the Agreement and the rules of the relevant Papergames Products, and may publish the results of the measures taken if you have engaged in any of the following actions when using Papergames Services:
(1) Implying or claiming in some way to be an internal employee of Papergames or assuming a special identity to gain improper benefits or affect the rights and interests of other users;
(2) Using or uploading illegal or inappropriate words, characters and other content in Papergames Products or Papergames Services, including those used for naming characters;
(3) Acting in a manner that undermines Papergames Products or Papergames Services or interferes with their normal operation.
(4) Spreading illegal speech or inappropriate information;
(5) Hacking another person’s account for Papergames Products and the assets therein;
(6) Trading or sharing accounts for Papergames Products and engaging in other activities that affect account security;
(7) Violating any provisions of the Agreement or violating any provisions of laws and regulations;
(8) Engaging in other actions that are widely recognized as misconduct in the industry.
The measures under the preceding paragraph include but are not limited to:
(1) Deleting or terminating your account for Papergames Products, along with any associated data or other information related to the product; and/or
(2) Restricting or prohibiting your access to relevant Papergames websites or your use of specific functions on the websites;
(3) Prohibiting, either temporarily or permanently, your account for Papergames Products from logging into Papergames Products and Papergames Services (banning); and/or
(4) Prohibiting the specific terminals involved in your violation of laws and regulations from logging into Papergames Products and Papergames Service, whether temporarily or permanently. These terminals may include, but are not limited to, PC terminals, mobile terminals, etc.; and/or
(5) Suspending or terminating your use of Papergames Products and Papergames Services, or unilaterally terminating the Agreement by giving you notice; and/or
(6) Filing civil lawsuits against your violations of laws and regulations to pursue your civil liability for tort, breach of contract, or other civil liabilities and to seek compensation from you for the losses we have incurred as a result of such violations. These losses may include direct economic losses, loss of reputation or goodwill suffered by Papergames, as well as monetary compensation, settlement costs, attorney’s fees, litigation costs, and other indirect costs paid by Papergames. Alternatively, we may hand you over to the relevant administrative authorities for the imposition of administrative penalties or to the corresponding judicial authorities to pursue your criminal liability; and/or
(7) Other measures announced by Papergames through its official channels.
6.6 You acknowledge and agree that if Papergames bans your account for Papergames Products in accordance with the Agreement, the duration of such banning will be determined by Papergames based on the circumstances of your violation.
6.7 When using Papergames Services, you must comply with the relevant local laws and regulations and respect local customs and morals. You will be solely responsible for any violations of local laws and regulations or customs. You must also refrain from involving Papergames in any political or public events as a result of your use of Papergames Services; otherwise, Papergames reserves the right to suspend or terminate its services to you.
Article 7: Intellectual Property Rights
7.1 All intellectual property rights, including copyrights, trademarks, patent rights, commercialization rights, trade secrets, and other legitimate rights and interests in Papergames Products (including but not limited to Papergames Products as a whole, all art, music, textual works, and other product elements and components, as well as continuous dynamic motion pictures presented by the operation of Papergames Products), as well as all information and contents related to Papergames (including texts, pictures, audio or video materials, charts, interface designs, layout frameworks, relevant data, electronic documents, etc.), are protected under corresponding international treaties. Papergames retains all the aforementioned intellectual property rights and other legitimate rights and interests, except for those rights to which the relevant right-holders are entitled according to the law. Without prior written consent from Papergames, you may not use such contents in any way other than for our services and as agreed herein. Without prior written consent from Papergames, you shall not use Papergames Products or Papergames Services for commercial or non-commercial use in any way or disseminate any content related to Papergames Products or Papergames Services through the information network.
7.2 When using our services, you may upload, use, and disseminate content in which you or third parties retain the intellectual property rights. Papergames respects these intellectual property rights, and you should ensure that you have obtained lawful authorization from the relevant right-holders before uploading or publishing such content. This authorization should not conflict with your obligations under the Agreement. By using our services, you grant Papergames a worldwide, perpetual, irrevocable, royalty-free, and sublicensable license to use, modify, reproduce, translate, publish, disseminate, alter, publicize, issue, release, link to, publicly perform, test, publicly transmit, distribute, promote, either alone or jointly with partners, or otherwise use, as permitted by applicable laws, the content upload and publish. This content may include, but is not limited to, texts, pictures, music, performances, audio or video recordings, and so on.
7.3 Notwithstanding any other provisions in the Agreement, the ownership and intellectual property rights in the data generated during your use of Papergames Services shall belong to Papergames, and Papergames shall have the right to store and dispose of such data.
7.4 Papergames Products and Papergames Services may involve the intellectual property rights of third parties. If these third parties have imposed any requirements on your use of their intellectual property rights in Papergames Services under the Agreement, you must comply with any such requirements duly notified to you by us.
Article 8: Governing Law and Dispute Resolution
8.1 The Agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of laws principles. The Convention on Contracts for the International Sale of Goods shall not apply. You agree and acknowledge that all disputes related to the Agreement shall first be resolved between you and Papergames through amicable consultation. Any disputes requiring consultation shall be notified to Papergames in writing according to the contact details provided herein. If no agreement is reached within thirty days after the commencement of consultation, any claims or legal actions between you and Papergames shall be unconditionally submitted to arbitration administered by the Singapore International Arbitration Center (SIAC) in accordance with the SIAC Arbitration Rules. The arbitral award shall be final and binding on both parties. If the above arbitration provisions are held unenforceable for any dispute, both parties agree to refer such dispute to the courts in Singapore. You hereby consent to, and waive all defenses of lack of personal jurisdiction and/or forum non conveniens with respect to venue and jurisdiction, whether through arbitration or judicial adjudication.
8.2 In accordance with applicable laws and regulations, both parties acknowledge that any dispute resolution proceeding, whether in arbitration or court, will be conducted solely on an individual basis and not as a class or representative action. If you do not agree with this clause, please discontinue your use of our services or send us a written notice of your desire to opt out of arbitration within 30 days.
Article 9: Miscellaneous
9.1 If any provision of the Agreement is held to be unenforceable for any reason, the remaining provisions hereof shall remain valid and enforceable.
9.2 Papergames’ failure to exercise, delay in exercising, or partial exercise of any right under the Agreement or applicable laws shall not operate as a waiver of such right, nor shall it prevent Papergames from further exercising such right in the future.
9.3 If you have any claims, doubts, questions, comments, or suggestions about the Agreement, Papergames Products, Papergames Services, or us, you may contact our customer service department at advice@papegames.net, and we will provide any necessary assistance you may need.