1. Introduction
Welcome to access and use Portal Services!
Portal Services refer to the products and services provided and made available to you by Portal Games Co., Ltd. (the "Company" or "we," "us," "our") on or through the Portal website (www.91portalgames.com) which are legally owned and operated by the Company, including, but not limited to, the use and creation of game materials, game creation tools, game release, game entertainment, game website, game forum, and other key features as well as other functions. Portal is a platform for creation and communication. You are reading the Portal Terms of Service (these "Terms"), which govern the relationship and serve as an agreement between you and us setting forth the terms and conditions by which you register, login, use (collectively, the "Access and/or Use") Portal Services.
In order to provide you with better services, please carefully read and fully understand these Terms before accessing and using Portal Services, especially the terms and conditions in relation to exemption from or limitations of liabilities, rights licensed, use of information, agreement on access and use of a particular individual service, application of laws, and dispute resolution. The important contents regarding the exemption from or limitations of liabilities will be highlighted in bold font for your attention, which you shall read carefully. If you are under the age of 18, you may access and use Portal Services after you have carefully read and fully understood these Terms with the consent of your guardian.
If you disagree with these Terms, we will be unable to provide you with complete products and services. You may also choose to stop the use. If you choose to accept and agree with or use Portal Services out of your own initiative, you will be deemed to have fully understood these Terms and agreed as a party hereto to be bound by these Terms and other agreements and rules (including but not limited to the Privacy Policy) in respect to Portal Services. We may amend and update these Terms from time to time, and the updated terms and conditions shall replace the original ones without further notice upon posting, and Users may look up the latest version of these Terms on the Services. If you do not accept the updated terms and conditions, you shall promptly stop accessing and using the Services provided by us, and your continued use of the Services shall be considered as your acceptance of the revised Terms.
2. Description of Portal Services
2.1 You may use Portal Services by accessing the Portal website (www.91portalgames.com).
2.2 In order to better enhance the user experience and improve our services, we will offer updates or changes to Portal Services (including but not limited to modification, upgrade, functionality enhancement, development of new features, software replacement, etc.) from time to time, and you are at liberty to decide whether to update the corresponding versions as needed.
In order to protect the security of Portal Services and improve user services, the Company will, where possible, prompt you by proper means (including, but not limited to, system prompts, announcements and messages) after Portal Services are updated, in whole or in part, and you have the right to accept the updated version; if you choose not to update, some features of Portal Services will be restricted or cannot function properly.
2.3 You may not conduct any form of unauthorized access to or use of, including but not limited to adaptation, reproduction, spreading, vertical search, mirroring, and trading ofPortal Services, without the Company's prior written consent.
2.4 You understand that you shall equip yourself with terminal devices (such as computer, mobile phone, and Pad) for accessing and using Portal Services and that your access to Portal website on or via your terminal device shall be deemed as your access and use of Portal Services. In order to fully realize all features of Portal, you may need to make your terminal device connected to the network and you understand that all your costs shall be on your account (such as data flow charge and Internet access fee).
2.5 The Company hereby grants the user a personal, non-commercial, non-proprietary, non-transferable and non-sublicensable right and license to access and use Portal Services. All other rights not expressly licensed to you hereunder shall vest in the Company, your exercise of those rights shall be subject to the Company's prior written consent, and failure of the Company to exercise any of those rights shall not be construed as a waiver of such right.
2.6 To access and use Portal Services, you must create an account with us. You understand that in order to facilitate your use of Portal Services and to protect the security of your account, some features and/or individual services (such as posting comments) will require you to furnish authentic identity information in compliance with the provisions of relevant national laws and regulations, register with your real name and log in the website.
3. Account Management
3.1 A registration channel is provided for you for Portal Services, and you are entitled to create your own account with a lawful combination of characters and set a password in line with security requirements. The account created, and the password set, by a user are the basis of the user’s use of Portal Services.
3.2 You understand and undertake that the account created by you may not violate the laws or regulations of the state or relevant rules of the Company, shall not be used to conduct any act that infringes upon the state interests or any citizen’s lawful rights or interests or undermines social morality, your registration information such as your account name, avatar, profile and other personal information may not contain any illegal or harmful information, you may not adopt any other person’s name (including but not limited to such person’s name, title, designation, avatar, or any other method that may easily cause confusion) without authorization of such person to create an account, and you may not register accounts with Portal maliciously (including but not limited to repeatedly register accounts or register accounts in batches). The Company shall be entitled to review the information you furnished.
3.3 Your account is for your personal use only. Without the Company's prior written consent, you may not donate, lend, lease, transfer or sell such account to any other person or otherwise permit any other person to use such account. In case that the Company finds or reasonably deems that the user of the account is not the original registered user, the Company shall have the right to suspend or terminate the provision of the services to such account or to cancel such account for the security of such account.
3.4 You are obliged to protect the security and confidentiality of your personal account and password and bear all legal liabilities for the acts conducted by you through your account, including but not limited to
any data modification, comments and payments on Portal Services. It is important that you keep your account and password confidential and that you do not disclose them to others in any case. Should you find that any other person uses your account without your authorization or there is any other security vulnerability in your account, you shall promptly notify us.
3.5 If your account is lost or you forget the password, you may retrieve the account or password by filing an appeal through the appeal channel of the Company in a timely manner. You understand and acknowledge that the password retrieve mechanism of the Company only depends on the recognition of the conformity of the data provided in the appeal to the data recorded in the system and is unable to determine whether the appealer is the real lawful user of the account or not. The Company hereby reminds you that you should keep your account and password properly. You shall log out safely after your use. You shall solely assume the liability for the stealing or loss of your account or password arising from your own fault or any Force Majeure event.
3.6 When registering, using or managing your account, you shall ensure the authenticity of the identity information you filled when registering the account, and you shall submit the authentic, accurate, lawful and valid identity materials and necessary information (including your name, email address, telephone number, and mailing address) to register or manage your account. Pursuant to relevant laws and regulations of the state, you shall fill in authentic identity information, complete real-name authentication, and update the aforementioned information in a timely manner so as to use certain features of Portal Services. Provided that the materials or information provided by you are (is) irregular or does (do) not meet relevant requirements, the Company shall be entitled to refuse to provide the relevant features for you and you may be unable to use Portal Services or limited in the use of certain features.
3.7 In addition to logging into and using Portal Services with your registered Portal account, you may login to and use other software and services provided by the Company and its affiliates with your Portal account. Your use of the aforementioned services with your registered Portal account shall be subject to and governed by the Terms of Service and other terms and conditions published by the actual provider of the above services.
3.8 In order to enhance the exposure and posting efficiency of your content, you agree to grant the Company the right to automatically synchronize all the content posted by you on Portal website and other related accounts onto other software and websites operated by the Company and/or its affiliates with your account ID. Your posting, modification and deletion of content on Portal website will be synchronized to the aforementioned other software and websites. When you log into other software and websites operated by the Company and/or its affiliates (if any) with your registered Portal account, you shall accept and agree to be bound by the Terms of Service and other terms and conditions of those software and websites.
3.9 After you complete the account registration with Portal, log into Portal and go through reasonable and necessary authentication, you may browse and modify your submitted personal identity information at any time. You understand and agree that you probably cannot modify certain original registration information and other authentication information you submitted in the process of registration due to security and identification (such as an appeal for retrieving the account or the password). You may apply for canceling your account. Except as otherwise stipulated by laws or regulations, the Company will assist you in canceling your account and deleting all information relating to your account at the request of you after completing all reasonable and necessary authentication procedures of personal identity, security status and device information.
3.10 You understand and agree that the Company shall be entitled to withdraw, for making full use of account resources, your account if you fail to make initial login to and use of your account after you complete the registration of such account or you have not logged into and used your account for over two consecutive months.
4. Protection of Users’ Personal Information
The Company devotes itself to the protection of your personal information (the information that can be used to identify a user independently or in combination with other information) together with you and protection of the users’ personal information is one of the Company’s basic principles. When accessing and using Portal Services, you may need to provide your personal information (including but not limited to your name, phone number and location information) so that the Company may provide you with better services and corresponding technical supports. The Company will protect your personal information using the technical measures that fit Portal Services such as encryption techniques, anonymous processing and other security measures. Please refer to the Privacy Policy for more details about protection of the users’ personal information.
5. Code of User’s Conduct
5.1 The requirements on a user’s conduct
You shall be responsible for your access and use of Portal Services. Unless permitted by laws or with the prior written consent of the Company, you may not conduct the following acts while accessing or using Portal Services:
5.1.1 Disturbing, damaging, modifying, or otherwise influencing the normal operation of Portal Services by any plug-in, add-in, system, or third party tool without the Company's authorization or approval;
5.1.2 Conducting any acts that undermine the security of computer network by or against Portal Services, including but not limited to:
(1) The acts that undermine the network security such as hacking any other person’s network, disturbing normal functions of any other person’s network, and stealing network data;
(2) Providing or supplying any program or tool that is designed specially for the acts that harm the network security such as hacking the network, disturbing normal functions or security measures of the network, or stealing network data;
(3) Knowingly providing technical supports, advertising promotion, payment, or settlement for others’ acts that harm the network security;
(4) Using unauthorized data or accessing unauthorized server/account;
(5) Accessing public computer network or any other person’s computer system and deleting, modifying, or adding the information stored therein without due authorization;
(6) Attempting to detect, scan, or test the vulnerability of the system or network of Portal without authorization or to conduct other acts that undermine the network security;
(7) Attempting to disturb or damage the normal operation of the system or website of Portal, intentionally spreading malicious program or virus, or otherwise disturbing or damaging normal network information services;
(8) Falsifying the name of TCP/IP data package in whole or in part;
(9) Engaging in the reverse engineering, disassembling, or decompiling of Portal Services or otherwise attempting to detect the source code of Portal;
(10) Maliciously registering the accounts for Portal Services, including repeated registering accounts or registering accounts in batches; and
(11) Conducting other acts that violate laws or regulations, these Terms and relevant rules of the Company, or infringe upon the lawful rights or interests of others.
5.1.3 In the event that the Company reasonably believes that your act has breached or may breach the aforementioned terms, the Company may, at its sole discretion, judge and treat the case and shall be entitled to terminate provision of services to you without notice and hold you legally liable for the case.
5.2 Information content specifications
5.2.1 After you complete the real-name authentication as required, you can log into Portal with your registered account or your account registered with Portal cooperation platform to publish and post UGC, comments, etc.
5.2.2 The Company is committed to making the UGC and comments posted by users civilized, rational, friendly and high-quality exchange of views. While promoting the development of posting UGC, interactive communication and comment business, we will continue to strengthen our information security management competency, improve self-discipline of posting UGC and comments, earnestly fulfill social responsibilities, abide by national laws and regulations, and respect citizens' legitimate rights and interests, social public order and good morals.
5.2.3 When you comment on, post and spread any content on or through the Services, you shall abide by relevant laws and regulations, maintain public order, respect social ethics, socialist system, state interests, citizens’ lawful rights and interests, and social morality, and meet the requirements on authenticity of information and so forth. You agree and undertake not to make, reproduce, post, release or spread the following information contents that are prohibited by laws and regulations:
(1) Opposing the basic principles prescribed by the Constitution;
(2) Endangering state security or divulging state secrets;
(3) Inciting subversion of state power, overturning of the socialist system, or inciting division of the state or undermining state unity;
(4) Impairing state honor or interests;
(5) Inciting terrorism or extremism;
(6) Inciting national hatred or ethnic discrimination or undermining national unity;
(7) Inciting regional discrimination or hatred;
(8) Undermining religious policies of the state or preaching evil cults or feudal superstition;
(9) Fabricating or spreading rumours or false information, disturbing economic or social order, or undermining social stability;
(10) Spreading or propagating violence, obscenity, eroticism, gambling, murder, or terror, or abetting crime;
(11) Infringing upon the juveniles’ lawful rights and interests or impairing the juveniles’ physical or psychological health;
(12) Making candid camera videos or photos of any other person without the consent of such person and thus infringing upon such person’s lawful rights;
(13) Containing terror, violence, bloodiness, high risk, or the contents harming the physical or psychological health of the performer or others;
(14) Endangering network security, or endangering the security, honor or interests of the state through network;
(15) Insulting or libeling others, or infringing upon others’ lawful rights or interests;
(16) Threatening others with violence or conducting cyber manhunt on others;
(17) Involving others’ privacy or personal information or data;
(18) Spreading bestial words or damaging public order and good morals;
(19) Infringing upon others’ right of privacy, right of reputation, right of portrait, intellectual property rights, or other legitimate rights and interests;
(20) Interspersing commercial advertisements, similar commercial solicitation information, excessive marketing information or junk information;
(21) Making the comments that are not the common words used at this website;
(22) Being unrelated to the commented information;
(23) Releasing meaningless information or intentionally avoiding technical review by a combination of characters;
(24) Violating any laws, regulations, policies, public order, good customs, or social morality, disturbing the normal operation of Portal, or infringing upon the lawful rights and interests of any other user or any third party.
5.3 The Company has set up a platform for public complaints and reporting, by which you may make complaints about or report various illegal acts, illegal spreading activities, and illegal and harmful information according to the complaint and reporting system of the Company, and the Company will accept and treat your complaints and reports in time so as to construct a sound and upright network jointly.
6. Requirements on the Use of Portal Information Content
6.1 Without the written consent of the Company, you may not conduct or authorize or permit any third party to conduct or assist any third party in conducting any of the following acts with respect to the information content of Portal Services:
(1) Reproduce, read and use the information content of Portal Services for commercial purposes, including but not limited to publicity and increasing views;
(2) Edit, consolidate and organize the information content of Portal Services and then display the same in channels other than the source pages of Portal Services without authorization;
(3) Employ any identification in whatsoever format, including but not limited to special label and codes, to independently or assist a third party to direct, divert and hijack traffic and views of or otherwise produce adverse effects on the information content of Portal Services.
(4) Other acts relating to illegal access or use of information content of Portal Services.
6.2 Your act of sharing and reposting the information content of Portal Services with the written permission of the Company shall also conform to the following specifications:
(1) In no circumstances shall you publish, provide or disclose to any third party the data regarding relevant searched hit game names, comments, game categories, searches, CTR, views, player online rate, player distribution rate, players, etc. captured, counted and accessed, without the prior written consent of the Company;
(2) You may not change in any form the source pages of Portal Services, including but not limited to the links to the home page (profile page) of Portal Services, the links to advertising systems, etc., nor may you obstruct and employ insertion or popup onto or otherwise hamper the display of the source pages of Portal Services;
(3) You shall take safe, effective and strict precautions to prevent the information content of Portal Services from being illegally accessed by any third party by any means including but not limited to spider program;
(4) In no case shall you use relevant data content for any purpose not permitted by the Company in writing, including marketing and commercial purposes in whatsoever format, nor shall you disclose or provide such content to any third party or permit use of such content by any third party in any way whatsoever;
(5) The act of sharing with and forwarding to any third party the information content of Portal Services shall be subject to other norms and standards established by the Company for this purpose.
7. Breach
7.1 The Company shall be entitled to judge and treat, at its sole discretion, your breach of these Terms or other terms of service, including warning, disallowing posting, immediately stopping transmission of information, deleting comments, banning posting for a short period of time, restricting all or some features of your account up and till your account is permanently disabled, as the case may be. The Company shall be entitled to publicly announce the decisions on treating such breach and to determine whether to resume your use of the relevant account depending on the circumstances. The Company will keep the records of your suspected violation of laws and regulations, illegalities and crimes, report the same to competent authorities, and assist competent authorities in the investigations of those suspected violation of laws and regulations, illegalities and crimes.
7.2 In case of any complaint, action or claim lodged by a third party due to your breach of these Terms or other terms of service, you shall resolve the case independently and solely assume all legal liabilities arising therefrom. You shall indemnify and hold harmless the Company and its affiliates against any third party claim or punishment imposed by a state organ arising out of your illegal act, infringement or breach.
7.3 The Company respects and protects the lawful rights and interests, such as intellectual property right, right of reputation, right of name, and right of privacy, of its users and others. You warrant that no content, including but not limited to games, visual interfaces, texts, pictures, graphics, designs, compilations, information, data, computer codes, trademarks, audios, music, videos and music, sounds, dialogues and links embodied therein, that you make and upload when accessing and using Portal Services will infringe upon any third party’s intellectual property rights (including, but not limited, to copyright, trademark and patent), right of reputation, right of name, right of privacy, right of portrait, trade secret right or other lawful rights or interests. In case of your failure to comply with this provision, the Company shall be entitled to remove such content after receiving a notice from the right holder or any other party concerned. You shall be responsible for treating all claims that may be raised by any third party and bear all legal liabilities arising therefrom. You shall indemnify the Company and its affiliate for all losses (including economic losses and loss of goodwill) that may be suffered by the Company and its affiliate due to your infringement.
8. Change, Interruption and Termination of Services
8.1 You understand and agree that Portal Services are provided by the Company based on existing technologies and conditions. The Company will use its best efforts to provide you with services and ensure the continuity and security of the services. You understand that the Company is unable to foresee or prevent technical risk or other risks, including but not limited to service interruption, other losses and risks that may arise from Force Majeure, worms, Trojan Horse, hacker attacks, system instability, third-party defects and other security issues.
8.2 You understand and agree that the Company shall be entitled to, at its sole discretion, modify, interrupt, suspend or terminate Portal Services for meeting the needs of overall operation of services by making a public announcement, without any liability to you or providing compensation to you.
9. Advertisement
9.1 You understand and agree that the Company may send relevant push information, advertising or branding services to you in the process of your use of Portal Services, and the Company will display commercial advertisement or information (including commercial or non-commercial information) relating to Portal Services and/or of third-party vendors and partners on or through Portal Services.
9.2 The Company will send programmed push advertisements to you based on preferences, interests, etc. when you access and use Portal website. You can disable the push of programmed advertisements in the Portal Settings. If this feature is disabled, the number of advertisements you receive will remain unchanged, but the relevance of advertisements will be reduced. You can unsubscribe from the marketing messages we send to you. For more information, see Privacy Policy.
9.3 The Company will perform its advertising and promotion obligations according to laws, and you shall judge the authenticity and reliability of the advertising or promotion information and be responsible for your own judgment. Unless expressly provided by laws and regulations, you shall be solely liable for any loss or damage suffered resulting from any purchase and transaction you complete by relying upon such advertising or promotion information or the abovementioned content, for which the Company accepts no liability.
10. Intellectual Property Rights
10.1 The Company retains all legitimate titles, rights and interests in or to or has received all legal authorizations from the rightful owner of, Portal Services (including but not limited to visual interfaces, graphics, designs, compilations, information, data, audios, videos and/or audio music, sounds, dialogues, computer codes (including source or object codes) in relation thereto, computer software copyrights, artwork copyrights, trademarks, patents and other intellectual property rights ("Intellectual Property Rights" or "IPs") attached thereto, all rights to operate Portal Services, etc.) to the extent necessary for the Company to provide user with Portal Services. In no circumstances shall you use or exploit any IPs in or attached to the Services without the Company's express authorization hereunder or the owners’ separate license. We reserve all IPs not expressly granted hereunder.
The content of Portal Services may not be used or otherwise exploited (including, without limitation, monitor, reproduce, transmit, display, mirror, upload and download via any robot, spider program and other devices and programs) in any way whatsoever without our prior written consent.
10.2 The texts and logos (graphics) of "Portal", "Portal" and " PORTAL GAMES CO., LIMITED" embodied in Portal Services, as well as the texts and logos (graphics) used in specific services to identify the service name and source (including but not limited to the names of Portal Services, LOGO, ICON, Portal website developer‘s name, LOGO, ICON, etc.) are trademarks or registered trademarks of Portal Games Co., Ltd. and/or its affiliates in China and/or other countries/regions.
10.3 The Company hereby grants the user a personal, non-commercial, non-proprietary, non-transferable and non-sublicensable right and license to access and use Portal Services globally, which license is conditioned on the user's accepting and agreeing to all the terms set forth herein. Users can access to and enjoy the services provided by the Company for the purposes for which we grant the license, such as visiting Portal website in such way as designated by the Company; The tools and materials provided by in Portal Services are specific to Portal website.
10.4 The license granted hereunder by the Company to users is for personal use. If users desire to access and use Portal Services beyond the scope of personal use, you shall contact us and otherwise seek our license.
10.5 Intellectual property rights of User Generated Content ("UGC")
(1) The Company may offer you the opportunity and resources to create UGC on or through Portal Services.
(2) You understand and agree that the content, including but not limited to games, visual interfaces, texts, pictures, graphics, designs, compilations, information, data, computer codes, trademarks, audios, music, videos and video/audio music, sounds, dialogues and links, that you post and upload when accessing and using Portal Services are either created by or legally licensed/sublicensed to you.
(3) As between you and us or between you and other uses, you retain the IPs in or to your original UGC (including but not limited to games, visual interfaces, texts, pictures, graphics, designs, compilations, information, data, computer codes, trademarks, audios, music, videos and video/audio music, sounds, dialogues and links) that you upload, post and transmit on or through the Portal and related Services. In consideration of the fact that you generate UGC through the access and use of Portal Services and are entitled to a share of potential revenue, you acknowledge, understand and agree to grant the Company, together with its affiliates, controlling company and successor company (collectively, the "Company"), a perpetual, irrevocable, worldwide, royalty-free, exclusive and sublicensable (through multiple levels) license to, among others, reproduce, disseminate over information networks, adapt, compile, make cinematographic works from, modify, translate, create derivative works from, perform and display your UGC on or through Portal Services and websites thereof or other software, websites, applications, products or terminal devices owned or operated by the Company and its affiliates, controlling company and successor company. You acknowledge and agree that the aforesaid granted rights include the right to use and otherwise exploit all or any portion of the content for the purpose of disseminating, promoting, advertising and/or marketing the content, Portal Services, Company and/or its brand. For the avoidance of doubt, you further acknowledge and agree that the rights granted in the preceding paragraphs include, but are not limited to, the right to license, reproduce, display, communicate to the public, disseminate over information networks, adapt, compile, make cinematographic works from, modify, translate, perform, create (derivative works from) the personal images, portraits, names, trademarks, service marks, brands, logos, company logos and other materials that are either owned by or licensed to you and placed into the content. In no circumstances shall you post or grant a license to use the aforementioned UGC created by you on or through services, platforms, websites, applications, products or terminal devices other than Portal Services without the prior written consent of the Company.
(4) Except where Portal provides you with tools to remove or modify UGC of particular kind, or unless otherwise provided by law that you are not allowed to remove or modify UGC you have posted or otherwise made available, you may be prompted, when accessing and using Portal Services, to grant other Portal and Company users the right and license to use, adapt, modify and compile your UGC. If you agree to grant the said right, other users can use your UGC to create their own games and other UGC on or through the Service. Unless otherwise provided herein or agreed among the Company, you and other users, even if other users use your UGC, you are not entitled to any income earned by such other users.
(5) For the avoidance of doubt, you hereby acknowledge and warrant that the rights granted by you to the Company in Section 10.5(3) hereof include, but are not limited to, the right to adapt, modify, compile and perform (including mechanical performance of mechanical reproductions) music, audios, videos as well as music, texts, sounds and dialogues embodied therein, and publicly perform and communicate to the public sound and video recordings and written works, all on a royalty-free basis. This means that you are granting Portal and the Company the rights set out in Section 10.5(3) hereof, without the obligation to pay royalties to you or any third party, including, but not limited to, a sound and video recording producer (e.g., a record label), a musical and cinematographic work copyright owner (e.g., a musician, artist, music publisher and film publisher), and a performing rights organization.
(6) Regarding the right to advertise, promote and market, except as otherwise agreed between you and the Company, you grant the Company the right to use (including, without limitation, the right to reproduce, disseminate over information networks, adapt, compile, make cinematographic works from, modify, translate, create derivative works from, perform and display) your UGC on or through particular TV programs, movies, books, magazines, periodicals, encyclopedias, selections compilation magazines, websites, social media, online or printed magazines or newspapers, or for other commercial, non-commercial or educational purposes. Except for potentially enjoying a share of revenue, we are not obligated to provide any compensation or other payments to you for any reason whatsoever, whether the aforesaid use of your UGC is associated with the Service or other services. By accepting this Section and continuing to access and use the Service, you confirm and agree that this license applies to any UGC you provide to the Company at any time.
(7) You may start creating UGC with, among others, terrain or material templates provided in Portal Services (configured under Portal feature PORTAL GAMES or elsewhere), provided, however, that the templates you use do not grant you any copyright or other title attached thereto.
(8) You acknowledge and agree that you grant the Company the right to protect or permit a professional third party to protect on your behalf, the rights of UGC you upload and post and to which you have intellectual rights by any means whatsoever, including but not limited to, monitoring infringement, sending an infringement notice, instituting a legal action or an arbitration, mediation, reconciliation. The Company may, in its sole discretion, make decisions on rights protection matters and enforce the same independently.
(9) UGC Disclaimer We have no obligation to edit or control UGC made available by you or others, and will accept no liability for UGC in any way whatsoever. Notwithstanding the foregoing, we are at liberty to block, delete, edit or disallow any UGC at any time without notice if and whenever, in our opinion, that UGC does not comply with these Terms or is otherwise offensive. You understand and acknowledge that may be exposed to UGC from different sources and that might be inaccurate, offensive or indecent when using the Services. You agree to and actually waive any and all legal or equitable claims, demands and compensations you are or may be entitled to in connection with UGC. Where the Company is advised by user or UGC owner that the UGC is not suspected of violating the aforementioned provisions, the Company may investigate the allegation in question and decide, at its sole discretion, to delete the UGC. The Company reserves the right to delete the UGC at any time without further notice. For the avoidance of doubt, we do not allow copyright infringement activities on the Services. Please kindly inform us of any UGC or other information that you consider to be inappropriate.
10.6 Under no circumstances should you use the Company's trademarks, service marks, trade names, domain names, website names or other prominent brand features (collectively, the "Logo") without our permission, including but not limited to "Portal" and " Portal Games". In no case should you, without the prior written consent of the Company, display, use or apply for registration of trademark or domain name in any way whatsoever, whether alone or in combination with other elements, the aforesaid Logo as stated in this Section, nor should you represent, expressly or impliedly, to others that you have the right to display, use or otherwise dispose of such Logo. You are solely liable for any and all losses incurred to the Company or others arising out of or in association with the use of the aforesaid trademark and Logo of the Company in violation of these Terms.
10.7 The Company provides technical support for the development and operation of Portal website and retains all rights and titles, to the extent permissible by laws and regulations, to all data and information generated during the development and operation of Portal Services.
11. Disclaimer
11.1 You understand and agree that Portal Services may be affected or disturbed by various factors
and the Company does not warrant that (including but not limited to):
11.1.1 Portal Services completely meet a user’s all use demands;
11.1.2 Portal Services will not be disturbed or will be offered in a timely, secure, reliable or error-free manner; and any software, service or other materials accessed by you from the Company meet(s) the user’s expectation;
11.1.3 Each error in Portal Services can be corrected.
11.2 You shall exercise due prudence and sole discretion when coming across the network information, account & password, advertisement or promotion information suspected of involving loan or other properties, and the Company shall not be liable for any direct, indirect, incidental, consequential, special or punitive damages, including but not limited to any loss of profit, loss of goodwill, loss of data, or any other tangible or intangible losses, as may be incurred by you arising therefrom.
11.3 You understand and agree that a Force Majeure event (which means an objective event that is unforeseeable, insurmountable and unavoidable) may happen or occur in the process of accessing or using Portal Services. Force Majeure events include but are not limited to government action, acts of God, network issues, hacking, war or any other similar events. In case of a Force Majeure event, the Company will use its best endeavors to make repair promptly provided, however, that the Company is not to be held liable for any and all losses arising therefrom.
11.4 The Company is granted by these Terms the right to deal with illegal or unlawful contents provided, however, that such right does not constitute the Company’s obligation or undertaking and the Company does not warrant that each illegal act can be detected and dealt with in a timely manner.
11.5 You understand and agree that the Company makes no warranty and grants no condition of any kind, either express or implied, including but not limited to the warranty of merchantability or fitness for a particular purpose, regarding Portal Services. You shall be solely liable for the risks associated with your access and use of the Portal Services.
11.6 You understand and agree that these Terms are executed for the purposes of guaranteeing abidance by laws and regulations of the state, maintaining public order and good customs, and protecting others’ lawful rights and interests. The Company will use all reasonable endeavors to make judgment in line with relevant laws and regulations provided, however, that the Company does not warrant that its judgment is completely consistent with the judgment of competent judicial organ or administrative organ, and any and all consequences thus incurred have been understood and shall be solely borne by you.
11.7 The Company hereby disclaims all liabilities for any and all indirect, incidental, consequential, special or punitive damages, including any loss of profit, as may be incurred by your access and use of Portal Services. The aggregate liabilities assumed by the Company for you shall in no case for any reason or act exceed the amounts (if any) that have been paid by you to the Company for accessing or using Portal Services during the period of your membership.
12. Special Terms on Individual Services and Third-party Services
12.1 Portal Services contain information or links to information accessed by the Company in various legal ways, as well as other individual services operated legally by the Company and/or its affiliates. You may enable and access these individual services by logging into Portal website. Some individual services may require you to accept special terms or other rules governing your relationship with the provider of such individual services, which, where necessary, will be prominently displayed for your consultation and acknowledgment whenever you intend to access the aforementioned individual services. By using the aforementioned services, you confirm that you understand and agree to be bound by the terms and rules with respect to the individual services. Where the term of access is not indicated, or if the term of access is not labeled as "perpetual", "indefinite" or "unlimited", the term of access of these products or services shall commence from the date the user starts using the product or service until the date the product or service is removed from Portal website.
12.2 If you use any third-party provided software or related services when accessing Portal website, you may be required to accept and abide by the Terms of Service, Privacy Policy and related rules of that third party in addition to these Terms and Portal's relevant rules. Any dispute, loss or damage arising from the third-party software and related services shall be resolved between you and the third party, and the Company shall not be liable to you or any third party for any such dispute.
13. Terms on Use by Juveniles
13.1 If the user is a juvenile under the age of 18, the user may access or use Portal Services only after the user has carefully read these Terms with the consent of, and under the guardianship and guide of, his/her guardian.
13.2 The Company attaches great importance to and highly values the protection of juveniles’ personal information. When filling in personal information, a juvenile user shall strengthen the consciousness of personal protection and act prudently and shall properly access or use Portal Services under the guide of his/her guardian.
13.3 A juvenile user understands that he/she and his/her guardian shall bear all potential legal liabilities for violation or breach of laws, regulations or these Terms according to laws.
13.4 Special prompts for juvenile users:
13.4.1 A juvenile shall access or use the Game and related Services hereunder the supervision and guide of his/her guardian, properly use the Internet within a reasonable scope, and avoid indulging on the Internet to form good surfing habits.
13.4.2 A juvenile user must abide by the following rules:
(1) To be good at online learning and not to browse malicious information;
(2) To be honest and friendly and not to insult or cheat others;
(3) To improve the awareness of self-protection and not to meet net friends at will;
(4) To maintain the network security and not to disrupt the network order; and
(5) To be beneficial to physical and mental health and not to indulge in virtual space.
13.5 In order to better protect the juveniles’ privacy rights and interests, the Company reminds the users that they should prudently release the information containing the materials concerning juveniles. By releasing the information containing the materials concerning a juvenile, the user confirms that he/she permits the Company to use and process the information related to the juvenile in accordance with these Terms.
14. Miscellaneous
14.1 The execution, effectiveness, performance, interpretation and disputes resolution of these Terms shall be governed by the laws of the People’s Republic of China. In case that any term hereof is held invalid for being inconsistent with the laws of the People’s Republic of China, such term shall be resolved as close to its original intention as possible and the remaining terms hereof shall remain in full force and effect.
14.2 These Terms are executed in Chaoyang District, Beijing, the People’s Republic of China. Any dispute arising between you and the Company out of or in connection with these Terms shall be settled by the Parties hereto through friendly negotiation; if such negotiation should fail, you agree to submit the issue in dispute to the jurisdiction of the people's court at the place where these Terms are executed.
14.3 In order to provide you with better services or for adjustment of the laws, regulations or policies of the State, the "Portal" Game and related Services will be updated and changed from time to time and we will modify these Terms in due time. Such modifications shall constitute a part of these Terms. After these Terms are updated, we will release the updated version of these Terms at Portal website and remind you of the update by public announcement at the official website (www.91portalgames.com) or by other proper means before the update becomes effective so that you are kept informed of the latest version of these Terms. The latest version of these Terms is also made available on the homepage of the website or the Game Settings page. Your continued access or use of Portal Services constitutes your acceptance of the modified Terms.
14.4 The headings used herein are inserted for convenience of reference only and shall not affect the meaning or interpretation of any term hereof.
14.5 You and the Company are independent entities. As such, these Terms shall in no case constitute any express or implied guarantee or condition made or granted by the Company to a user, and nothing contained herein shall be construed to create any principal-agent relationship, partnership, joint venture, or employer-employee relationship between the Parties hereto.