RandPoker User Agreement
[Important Notice]
The RandPoker team (hereinafter referred to as "RandPoker" or "Party A") hereby specially reminds users (hereinafter referred to as "you" or "Party B") to carefully read each clause in this User Agreement (hereinafter referred to as "this User Agreement"), including but not limited to clauses that exempt or limit RandPokers liability, restrict user rights, and stipulate dispute resolution methods and judicial jurisdiction.
Please carefully read this User Agreement and choose to accept or not accept this User Agreement. Unless you agree to and accept all clauses in this User Agreement, you have no right to receive, download, install, start, upgrade, log in, display, run, or screenshot RandPoker games, nor use any function or part of the game software or use the game software in any other way. Your act of receiving, downloading, installing, starting, upgrading, logging in, displaying, running, or screenshotting RandPoker games, or using any function or part of the game software, or using the game software in any other way, shall be deemed as your agreement to and acceptance of this User Agreement, and willingness to be bound by all clauses of this User Agreement.
The conclusion, execution, interpretation and dispute resolution of the clauses of this User Agreement shall be governed by the laws and administrative regulations of the Peoples Republic of China. If there is a dispute between the two parties regarding the content and execution of the clauses of this User Agreement and the companys relevant regulations, the two parties shall try to resolve it through friendly negotiation. If no agreement can be reached through negotiation, either party has the right to file a lawsuit with the peoples court at the location of the RandPoker team.
This User Agreement is divided into two parts. The first part is the "Necessary Clauses for Online Game Service Format Agreement" formulated by the Ministry of Culture (now the Ministry of Culture and Tourism) in accordance with the "Interim Measures for the Administration of Online Games" (Order No. 49 of the Ministry of Culture). The second part is the online game user agreement clauses formulated by RandPoker in accordance with national laws and regulations such as the "Copyright Law of the Peoples Republic of China", "Civil Code of the Peoples Republic of China", and "Measures for the Implementation of Copyright Administrative Penalties". The contents are as follows:
According to the "Necessary Clauses for Online Game Service Format Agreement" formulated by the Ministry of Culture (now the Ministry of Culture and Tourism). Party A is an online game operating enterprise, and Party B is an online game user.
Party B should carefully read and thoroughly understand this agreement, especially the clauses prompted to Party Bs attention in bold black and underlined manner. Party B should focus on reading and confirm full understanding and consent before starting to use. If Party B continues to use our services, it means that Party B agrees that we use Party As online game services in accordance with this agreement.
Party A has the right to modify the terms of this agreement when necessary. At that time, Party A will choose to notify you through any of the following methods: (1) public announcement on the official website; (2) public announcement in the game; (3) prompt when users use the game; (4) prompt via email or SMS. Please pay attention to the information released by Party A at any time, and check the entire content of the updated version immediately after receiving the notice in any form. The updated version shall take effect upon public announcement. After the terms of this agreement are changed, if you continue to use Party As game services, it shall be deemed that you have accepted the modified agreement.
1. Term Explanation
Unless otherwise specified, the following proprietary terms used in this User Agreement shall be interpreted as follows:
1.1 This User Agreement, referred to as the "User Agreement", refers to the software license and user agreement concluded between you and RandPoker regarding your rights and obligations in the process of using and enjoying RandPoker game products and services provided by RandPoker.
1.2 "User" or "you", also known as "player", refers to a natural person who uses and enjoys RandPoker game products and services, also known as "Party B" in the "Necessary Clauses for Online Game Service Format Agreement" of the Ministry of Culture, and is a party to this User Agreement.
1.3 Game data refers to the general term for various numbers, letters, symbols, analog quantities, etc. that are immediately recorded and stored by server software generated by you or other users in the process of using and enjoying RandPoker game products and services. It reflects the process and results of you or other users using and enjoying RandPoker game products and services in the form of computer language, including but not limited to game logs that record the process of users using and enjoying RandPoker game products and services, and security logs detected and recorded by the game security system.
1.4 Real-name registration means that, in accordance with relevant laws and regulations, RandPoker requires you to use valid identity documents to register your personal information in real name, so as to establish a one-to-one correspondence between your personal information and the game account you use in RandPoker.
2. Account Registration
2.1 Party B promises to register as a user of Party A with its real identity, and ensures that the personal identity information provided is true, complete and effective, and shall bear corresponding legal responsibilities for the information provided in accordance with legal provisions and the requirements of the necessary clauses. When you register in real name, you should provide your own true, complete and effective identity information and other relevant information, and you shall not register in real name with other peoples identity information. Otherwise, you shall bear all consequences caused thereby, and we have the right to require you to compensate for all losses caused to us. At the same time, in order to avoid the abuse of personal information and prevent bypassing anti-addiction measures, the number of game accounts that can be authenticated by the same identity information will be limited by our system and shall not exceed a reasonable number. Otherwise, we have the right to take handling measures and announce the handling results, and you shall bear all consequences caused thereby, and we have the right to require you to compensate for all losses caused to us.
2.2 After Party B registers as a user of Party A with its real identity, if it needs to modify the personal identity information provided, Party A shall provide this service for it in a timely and effective manner.
3. User Account Use and Safekeeping
3.1 According to the agreement of the necessary clauses, Party A has the right to review whether the identity information provided by Party B for registration is true and effective, and shall actively take reasonable measures such as technology and management to ensure the security and effectiveness of user accounts; Party B has the obligation to properly keep its account and password, and use its account and password correctly and safely. Party A prohibits Party B from privately transferring user accounts for consideration or free of charge to avoid disputes arising from user account problems. Party A will not accept complaints arising from disputes arising from any users private transactions. Any party who fails to fulfill the above obligations and causes damage to the civil rights of Party B and others due to loss of account password, account theft, etc., shall bear the legal responsibility arising therefrom.
3.2 Party B only has the right to use the account created by Party B, and the ownership of the user account belongs to Party A. Party B shall enjoy rights and bear responsibilities for the behaviors generated by the account held after login in accordance with the law.
3.3 If Party B finds that its account or password is being used illegally by others or there is any abnormal use, it shall promptly notify Party A according to the handling method announced by Party A, and has the right to notify Party A to take measures to suspend the login and use of the account.
3.4 If your account and password are illegally used by others due to your own reasons, we will not be responsible for handling it, and you shall bear the damage to the civil rights of users and others. You shall not provide your game account to others for use in any way (including the act of adults providing it to minors for use), including but not limited to not providing it to others for commercial use including but not limited to live streaming, recording,代打代练, etc. by means of transfer, rental, borrowing, etc. Otherwise, you shall bear any legal consequences and responsibilities arising therefrom, and we have the right to take handling measures against your game account including but not limited to warning, restricting or prohibiting the use of all or part of the functions of the game account, deleting the game account and game data and other related information, banning the account until cancellation, and you shall bear all consequences caused thereby.
3.5 When Party A takes measures to suspend the login and use of Party Bs account according to Party Bs notice, Party A shall require Party B to provide and verify personal valid identity information consistent with its registered identity information.
3.5.1 If Party A verifies that the personal valid identity information provided by Party B is inconsistent with the registered identity information, it shall promptly take measures to suspend the login and use of Party Bs account.
3.5.2 If Party A violates the agreement and fails to promptly take measures to suspend the login and use of Party Bs account, thereby causing losses to Party B, it shall bear corresponding legal responsibilities.
3.5.3 If Party B fails to provide its personal valid identity document or the personal valid identity document provided by Party B is inconsistent with the registered identity information, Party A has the right to refuse Party Bs above request.
3.6 When Party B provides Party A with personal valid identity information consistent with the registered identity information in order to safeguard its legitimate rights and interests, Party A shall provide Party B with necessary assistance and support such as account registrant certification and original registration information, and provide relevant evidence information to relevant administrative organs and judicial organs as needed.
3.7 If Party B uses a third-party account recognized by Party A as a game account to use Party As services, the user shall also strictly abide by the relevant user agreement and usage rules of the third-party account. If Party A has relevant problems due to the use of the third-party account (including but not limited to account theft, account unusability, account in abnormal state, etc.), Party B shall contact the third party to solve it by itself, and Party A may provide limited and reasonable assistance as appropriate.
3.8 It is also specially reminded that if you cancel your game account, the relevant game benefits under the game account will also be cleared. Accordingly, before you cancel this game account, please ensure that you have properly handled the game benefits under the game account or the relevant game benefits have been settled. Once you cancel this game account, if there are still game benefits under the game account at that time (including game benefits that have been generated during the use of this game and may be generated in the future), we have the right to clear all game benefits under the game account, and you shall bear the consequences arising therefrom. The aforementioned game benefits include but are not limited to: game membership rights and interests, levels; all data related to game character growth and upgrade (including but not limited to experience value, honor value, reputation value, title, etc.); unused online game virtual currency, virtual props and other virtual items (such as coupons, gold coins, diamonds, props and others); value-added services that have been purchased but not expired or used up; other game benefits that have been generated but not consumed or expected game benefits in the future, etc.
3.9 You fully understand and agree: In order to improve the use efficiency of game accounts, if you have not logged in to the game for a long time after registering a game account, we have the right to take handling measures such as recovering the right to use the game account, canceling or deleting the game account and all data and information in the account after notifying you in advance through reasonable methods such as pop-up windows, phone calls, SMS, emails, etc. After cancellation or deletion, all data, information, assets, virtual currency and virtual props in the account will be eliminated together and cannot be recovered or retrieved, and you shall bear all losses suffered thereby.
4. Game Virtual Items
4.1 We hereby license you to obtain the right to use game virtual items in accordance with this agreement. Your purchase and use of game virtual currency, resources and other game props should comply with the requirements of this agreement and game rules. At the same time, game virtual currency, resources and other game props may be subject to certain validity period restrictions, that is, if you do not use them within the specified validity period, except for force majeure or reasons attributable to us, they will automatically become invalid once the validity period expires. If the relevant game virtual currency, resources and other game props and other game items do not indicate the use period, or the indicated use period is "permanent" or other content with the same or similar meaning as "permanent" (such as "unlimited", "unrestricted", etc.), then their use period is from the date you obtain the game item to the date the game terminates operation.
4.2 You fully understand and agree that you may not be able to purchase and use game virtual currency, resources and other game props in guest mode. And once you uninstall or reinstall the game, or you replace mobile phones, computers and other terminal devices or such terminal devices are damaged, all game-related data in the guest mode may be cleared, and cannot be queried and recovered. Any loss caused thereby shall be borne by you.
4.3 You fully understand and agree that if you successfully purchase and use game virtual currency, resources and other game props with法定货币, this act is irrevocable, and the game virtual currency, resources and other game props you purchased and used will not be refundable or exchangeable for法定货币, except as otherwise required by law.
4.4 You fully understand and agree: In order to create a healthy game environment and safeguard your legitimate rights and interests in the process of using game services, we have the right to adjust, update or optimize game-related content (including but not limited to daily consumption limit and monthly consumption limit of game recharge).
4.5 Please note not to disclose your various property accounts, bank cards, credit cards and corresponding passwords and other important information when using this application and services, otherwise any loss caused thereby shall be borne by you.
5. Suspension and Termination of Services
5.1 If Party B publishes illegal information, seriously violates social morality, or commits other acts in violation of legal prohibitive provisions, Party A has the right to immediately terminate the provision of services to Party B.
5.2 If Party B commits improper acts when accepting Party As services, Party A has the right to terminate the provision of services to Party B. The specific circumstances of the improper acts shall be clearly agreed in this agreement or belong to the prohibited acts that Party A has clearly informed in advance that services should be terminated, otherwise, Party A shall not terminate the provision of services to Party B.
5.3 If Party B provides false registered identity information or commits acts in violation of this agreement, Party A has the right to suspend the provision of all or part of the services to Party B; Party A shall notify Party B and inform the suspension period when taking suspension measures, the suspension period should be reasonable, and Party A shall promptly resume services to Party B after the suspension period expires.
6. User Information Protection
6.1 You fully understand that protecting user information is RandPokers consistent policy. For your personal information and that of other RandPoker users, RandPoker will protect it in accordance with relevant laws and regulations and the relevant clauses of this User Agreement. RandPoker will never disclose it to unrelated third parties, let alone make it public, except for disclosure to third parties for the following reasons:
(1) Disclosure based on national laws and regulations;
(2) Disclosure at the request of national judicial organs and government organs with legally granted permission based on legal procedures;
(3) Disclosure to protect the legitimate rights and interests of RandPoker, cooperative units or you;
(4) Disclosure in emergency situations to protect the personal safety of other users and third parties;
(5) Disclosure with the users own consent or at the users request.
6.2 You fully understand that, like other Internet enterprises and Internet software products, your personal information, data, works or other materials generated through the following channels or actively provided to RandPoker may be saved or destroyed by RandPoker, and RandPoker may also organize, statistics and analyze them, so as to finally form and obtain statistical data that only reveals and reflects the use of RandPoker products without displaying your personal information (such as the number of RandPoker registered users, the number of simultaneous online users, the proportion of paying users, etc.), for RandPoker to understand the use of RandPoker, continuously improve the functions of RandPoker, and improve the quality of RandPoker products:
(1) The real-name registration information you filled in the real-name registration system when you registered in real name;
(2) The personal information or other materials you filled in and provided to RandPoker in the process of applying for, appealing for an account, and enjoying the customer service described in Article 9.10 of this User Agreement;
(3) The personal information, data, works, game process derivatives or other materials you provided to RandPoker when you provided services for RandPoker such as BUG and cheat tracking report, soft article writing and promotion, competitive intelligence collection, etc.;
(4) Personal works or game process derivatives such as photos, pictures, videos, texts, etc. that you upload and provide to RandPoker through the Internet or other means;
(5) Game data generated by you in the process of using and enjoying RandPoker game products and services;
6.3 When Party A requests Party B to provide information related to its personal identity, it shall disclose its privacy protection policy and personal information utilization policy to Party B in a clear and obvious manner in advance, and take necessary measures to protect the security of Party Bs personal information. Party B hereby promises that Party B registers as an online game user of Party A with its real identity, and ensures that the personal identity information provided is true, complete and effective. If the information provided by Party B to Party A is inaccurate, untrue, illegal and effective, or has been changed but not updated in time, or has any misleading suspicion, Party A has the right to suspend or terminate any service of Party B using Party As game.
6.4 Without Party Bs permission, Party A shall not provide, disclose or share personal identity information such as name, personal valid identity document number, contact information, home address, etc. in Party Bs registration materials to any third party, except in the following cases:
(1) Disclosed by Party A with the authorization of Party B;
(2) Required by relevant laws for Party A to disclose;
(3) Required by judicial organs or administrative organs to provide to Party A based on legal procedures;
(4) When Party A files a lawsuit or arbitration against Party B to safeguard its legitimate rights and interests.
7. Contract Purpose
7.1 The contract purpose of this User Agreement is to provide a contractual basis for RandPoker to license you to use and enjoy RandPoker game products and services, and to agree on your rights and obligations in the process of using and enjoying RandPoker game products and services based on this User Agreement.
7.2 Some functions of RandPoker are not realized through or solely through RandPoker, but need to use RandPoker and/or other software developed or operated by its cooperative units to realize Internet services. Therefore, your use of the above part of the functions is not only subject to this User Agreement, but also subject to the corresponding other software license use agreements or user agreements (hereinafter collectively referred to as "related agreements").
7.3 In the process of using and enjoying RandPoker game products and services, you may use software or intellectual property rights authorized by third parties for RandPokers use. Such use must be within the scope of third party authorization and subject to the contract purpose of this User Agreement. If you need to use it for purposes other than the contract purpose of this User Agreement, please contact the third party directly and obtain its legal authorization.
8. Intellectual Property Rights
8.1 The ownership and all intellectual property rights including copyright of this User Agreement and any of the following works or materials are owned by RandPoker and protected by the Copyright Law of the Peoples Republic of China, Computer Software Protection Regulations, Information Network Communication Rights Protection Regulations, Trademark Law of the Peoples Republic of China, relevant international treaties and other laws and regulations:
(1) RandPoker game software;
(2) RandPoker software element works;
(3) RandPoker game data;
(4) The corresponding works or materials you submitted to RandPoker in the process of providing services for RandPoker such as RandPoker testing, BUG and cheat tracking report, soft article writing and promotion, competitive intelligence collection at the invitation of RandPoker, such as game test reports, soft articles, etc.
8.2 What RandPoker licenses you based on this User Agreement is your non-exclusive right to use RandPoker. Such non-exclusive right to use is the non-exclusive right to use the current version of RandPoker you are using. Moreover, such non-exclusive right to use is a temporary, revocable right to use within the scope agreed in this User Agreement.
8.3 This User Agreement does not and will not license you any one or several copyright rights such as RandPokers distribution right, information network communication right and/or rental right, and other rights not explicitly stated in this User Agreement. These rights (or powers) are solely owned by RandPoker. What RandPoker licenses you through this User Agreement is only the right to use and enjoy RandPoker game products and services online through the Internet.
9. Game Account
9.1 You are responsible for keeping your account, password, real-name registration and anti-addiction registration personal information, and shall be fully responsible for all activities under your account and password. You must attach importance to the password protection of account passwords and public email boxes. You guarantee to immediately notify RandPoker when your game account and password are used without authorization or any other security problems occur.
9.2 You fully understand that: In order to improve the security performance of RandPoker and prevent your password, real-name registration and anti-addiction registration personal information from being stolen by others, which may prevent you from logging in to the game with the corresponding account, RandPoker may at any time apply computer hardware or software that helps improve the security performance of RandPoker software, such as computer virus killing technology, operating system repair technology, computer encryption technology, etc., to RandPoker. Even so, it cannot exempt or reduce your obligation to properly keep account and password and other relevant materials. You fully agree to this; if you disagree, please contact RandPoker.
9.3 RandPoker has always complied with national laws and policies on protecting the physical and mental health of teenagers. In accordance with the Notice on Preventing Minors from Indulging in Online Games issued by the State Press and Publication Administration, RandPoker prohibits minors from experiencing games.
10. User Code of Conduct and RandPoker Rights
10.1 Like other online Internet software, if you want to download, install, start, log in, display and/or run RandPoker, you must at least have a mobile phone, install RandPoker game on the mobile phone, and ensure that it can interact with RandPokers server software in real-time information (i.e. electronic data) through the Internet.
10.2 When you use the charging function of RandPoker, you shall pay the corresponding fee in accordance with the requirements of RandPoker. Moreover, such rights belong to RandPokers business autonomy. RandPoker reserves the right to change the business model at any time, that is, the right to change the charging rate standard, charging software function, charging object and charging time, etc. At the same time, RandPoker also reserves the right to upgrade, revise, add, delete, modify, change its functions or change its game rules. If you do not accept such changes, you shall immediately stop using RandPoker; your continued use of RandPoker shall be deemed as your acceptance of the changed business model.
All income of RandPoker comes from legal and compliant methods such as fixed game service fees, user recharge to purchase game virtual currency, exchange game currency, game props (props that do not affect game fairness), etc. RandPoker has never and will not obtain any form of profit sharing from user game game results. Users know that game virtual currency and game currency can only be used to purchase services in RandPoker games or used in games, and do not have any real property value.
10.3 Based on this User Agreement, you can:
(1) Receive, download, install, start, upgrade, log in, display, run and/or screenshot RandPoker;
(2) Create a RandPoker game account, set a screen name, check game rules, user personal information, game game results, open game rooms, set game parameters, use chat functions, purchase game chips and game props in the game
(3) Use one or several other functions besides the above functions of RandPoker.
10.4 In addition to using RandPoker in accordance with the provisions of this User Agreement, you shall not commit any acts that infringe the intellectual property rights of RandPoker or its software element works, or acts that infringe the online game operating environment and fairness, or other acts that damage the legitimate rights and interests of RandPoker or other users. RandPoker will never allow you to engage in these acts, and also has the right to take technical measures (including but not limited to banning accounts) to prevent you from engaging in these acts, including but not limited to:
(1) Delete or modify copyright information on RandPoker, or forge ICP/IP address or data packet name;
(2) Compile, decompile, reverse engineer or crack RandPoker in other ways;
(3) Commit any acts that damage the fairness of RandPoker or other acts that affect the normal order of the game, such as actively using cheats or passively brushing points, colluding to cheat, using game cheats or other cheating software, using BUG (also called "vulnerability" or "defect") to obtain improper illegal interests, or making game cheats, cheating software, BUG public through the Internet or other means;
(4) Use technologies such as hijacking function variable name server to illegally intrude into and destroy RandPokers server software system, or modify, add, delete, steal, intercept, replace data in RandPokers client and/or server software system, or illegally occupy RandPokers server space, or implement other behaviors that make it overloaded;
(5) Carry out any commercial activities such as publishing advertisements and selling goods, or any illegal acts that infringe the interests of RandPoker, such as selling game virtual currency, game currency, game accounts, game props, cheats or倒币, brushing coins, etc.;
(6) Publish, forward, or disseminate illegal remarks containing abuse, curse, slander, attack, defamation, harassment of RandPoker and/or third parties, or containing feudal superstition, obscenity, pornography, obscenity, terror, violence, homicide, gambling, reactionary, inciting national hatred, endangering national unity, subverting state power and other disgusting content, or set screen names, game character names, avatars containing the above content;
(7) Use RandPoker games for game live streaming, skill (technique) display and other uses with or potentially commercial nature (whether for profit or not);
(8) In addition to using online game services in accordance with the provisions of this agreement, you shall not record, live stream or disseminate all or part of the game content to others without our permission in any way, including but not limited to not using any third-party software for network live streaming, dissemination, etc. You shall also not commit any other acts that infringe the intellectual property rights of online games, or other acts that damage the legitimate rights and interests of us or other third parties.
10.5 The user hereby fully agrees and accepts that RandPoker may observe and record the users behavior, and use the results of observation and recording as the basis for judging whether the user has violated this agreement. When the users data or behavior is obviously abnormal, RandPoker has the right to independently judge whether the user has cheating and other violations and take punishment measures by looking up the users IP address or using relevant technical means.
10.6 Without RandPokers permission, you shall not conduct any of the following acts; if you want to conduct any of the following acts, please contact RandPoker, obtain RandPokers consent, and sign an electronic or paper written contract with RandPoker as required:
(1) Scan, probe, test RandPoker to detect, discover, find possible BUG or weaknesses in it;
(2) Modify, copy, distribute, rent, publish, translate, compile, adapt and/or reprint RandPoker, or its software element works, game process derivatives, game editing derivatives, or make them public through the Internet or other means;
(3) Embed various plug-in programs or other third-party programs in RandPoker;
(4) Separate software element works from RandPoker for separate use, or use them in other ways that do not comply with the contract purpose of this User Agreement;
(5) Use RandPoker's name, trademark and/or its software element works;