These Terms apply to you if you are a user of our Games anywhere in the world, except if you belong in any of the following categories: (i) a user of our Games (regardless of nationality) in the People’s Republic of China; (ii) a citizen of the People’s Republic of China using our Games anywhere in the world; or (iii) a Chinese-incorporated company using our Games anywhere in the world. If you belong in any of those categories, you are subject instead to the Terms of Service (PRC Users) in your use of our Games.
The Games are owned and operated by iDreamSky and/or its partners. iDreamSky does not guarantee the continuation of the Games. Access to the Games requires an account. iDreamSky is dedicated to protecting your privacy and takes all necessary and reasonable steps towards protecting your information. For information regarding our security standards, please refer to the Policy.
Where we consider that any changes to these Terms are reasonably material, we will (where reasonably practicable) notify you (via our website, direct communication to you, or other means), prior to the change becoming effective. By continuing to use our Games after we make any changes to these Terms or our Games, with or without notice from us, you are agreeing to be bound by these revised Terms.
If you are under the age of 13, you must not use our Games. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use our Games.
2. Definition of the Terms
“User Content” is any data you upload or transmit on or through the Games, including profiles and in-game conversations. We advise all players to be wary of the accuracy or legitimacy of User Content. More information regarding User Content can be found in Section 5.
“Termination” or “Suspension” refers to any mute, temporary ban, or permanent ban of an account or a character. iDreamSky may limit, temporarily suspend, or permanently terminate your account or access to the Games or modify or remove any User Content in its sole discretion, and iDreamSky is under no obligation to compensate you for any losses or damages in this connection. More information about termination is available in Section 9.
“Virtual Currency” is defined as any in-game currency used to purchase products from iDreamSky or its partners. More information regarding Virtual Currency, pricing, and applicability can be found in Sections 4 & 11.
3. License and Account
In order to access the Games, you are required to register an account. By creating an account, you acknowledge that we are granting you a limited, non-transferable, non-exclusive, personal, non-commercial license to the Games, subject to the limitations of the Terms. The license commences on the date that you accept these Terms and install or otherwise use our Games. The license ends on the earlier of your disposal of the Games or our termination of the license in accordance with these Terms.
You must comply with the laws that apply to you in the location that you access our Games from. If any laws applicable to you restrict or prohibit you from using our Games, you must comply with those legal restrictions or, if applicable, stop accessing and using our Games.
You acknowledge and agree that you have no ownership or other proprietary interests in any account stored or hosted in an iDreamSky system, including without limitation your iDreamSky account or any game’ account and you further agree that all rights in and to such accounts are and will always be owned by and inured to the benefit of iDreamSky.
When creating an account, you must choose a username. This username cannot infringe on the rights of any third party, impersonate or imply another persona, be illegal, offensive, racist, obscene, unlawful, or be deemed in any way inappropriate. We, in our sole discretion, reserve the right to review your username and its appropriateness. Multiple accounts are acceptable, however this should not be used to abuse, exploit, or take advantage of any in-game event, bug, or game interaction. We have sole discretion with respect to identifying any username or account abuse.
At the time of account creation, you will be required to set a password. Your password should be treated with care and should be kept confidential. You should choose a password which is difficult to guess and should be updated regularly. You should not follow any instructions to input your password except when entering your account information to log into the Games.
By creating an account, you are able to log onto and participate in our forums. On the forums, you are given the ability to upload a picture, write a profile, and/or create a signature. All forum account information, regardless of location, shall not be unlawful, threatening, abusive, defamatory, obscene, or racially, ethnically, or otherwise offensive. Exercise caution when updating your forum profile as this information is accessible to other forum users.
You agree that you shall make necessary efforts to protect your account information and keep it confidential. You agree that you may not share your account with anyone.
4. Unauthorized Trades/Transactions
iDreamSky does not recognize any sale or trade of Virtual Currency and/or accounts. You may not purchase, sell, gift, or trade any account, or offer to purchase, sell, gift or trade any account, and any such attempt shall be null and void. iDreamSky owns, has been licensed, or otherwise has rights to all of the content that is contained in the Games. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Games, or any other attributes associated with any account.
iDreamSky does not recognize any purported transfers of virtual property executed outside of the Games, or the purported sale, gift, or trade in the real world of anything that is contained or originates in the Games. Accordingly, you may not sell in-game items or currency for real currency, or exchange those items or currency for value outside of the Games or for the purchase of tangible or physical products or other services. Furthermore, iDreamSky does not recognize or provide services to enable the transfer of virtual currency among its players. Any aforementioned transactions shall be at your own risk and you shall be solely responsible for any liabilities resulting from the same. In the event that you carry out any of the aforementioned transactions, you hereby acknowledge that iDreamSky has no involvement therein whatsoever and shall in no event be liable for such actions. You further acknowledge that iDreamSky has warned you against carrying out the abovementioned transactions.
5. User Content
The Games of iDreamSky enables users to interact online and display and communicate information and content chosen by those users, and that users likewise can alter the service environment on a real-time basis. iDreamSky does not control or endorse the content of communications between users, or users' interactions with each other in the Games. We reserve the right to suspend, alter, remove, or delete User Content, or to limit, temporarily suspend, or permanently terminate access to the Games, if:
(i) it breaches the Terms or the Policy;
(ii) it violates the rights of other users or iDreamSky;
(iii) it is the subject of a complaint;
(iv) it violates applicable intellectual property laws or it infringes on the copyrights of iDreamSky or any other third party;
(v) it is of a criminal or unlawful nature;
(vi) it violates law or requirements of any appropriate regulatory authority;
(vii) it contains any content or language which, in the sole and absolute discretion of iDreamSky, is deemed to be libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; or if it contains any deliberate misspellings or alternative spellings to circumvent the content and language restrictions;
(viii) it points to content deemed by iDreamSky to be inappropriate, including without limitation, any website links or URLs directed to other commercial products or service, or any website links or URLs to any materials (including software and other information) that would allow others to inappropriately access software or websites;
(ix) it harasses, demeans, abuses, or spams any user or iDreamSky staff;
(x) it masks your identity for the purpose of posing as any other user, iDreamSky staff, or government official; and or
(xi) it contains malicious software or is of a malicious nature, including but not limited to viruses, Trojans, key loggers, or any program that could harm (or is designed to harm) other players' computers or the Games.
You agree to not only adhere to the above standards, but also to refrain from encouraging, enabling, or otherwise assisting other users to post or submit User Content that does not comply with the Terms or applicable law. You are solely responsible for any User Content generated by you, as well as its accuracy.
By using the Games, you grant iDreamSky a perpetual, worldwide, non-exclusive, royalty-free right to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, and distribute such User Content. You acknowledge that iDreamSky does not guarantee and is not responsible or liable for the quality, safety, legality, truthfulness, or accuracy of any such User Content or user conduct nor any identity information about such user.
6. Abuse and Harassment
Notwithstanding anything previously outlined, iDreamSky does not necessarily monitor any User Content on the Games. You may not abuse or harass users and/or iDreamSky staff, which are defined as sending of junk messages, use of gibberish, slander, swearing, racism, impersonation, threatening, scamming, cheating, or any other conduct iDreamSky, in its sole discretion, deems inappropriate.
iDreamSky is not liable for any loss or damage resulting from or associated with any false claims, inaccurate information, or otherwise questionable actions made by any user. iDreamSky does not monitor offline interaction among its users. You hereby acknowledge that any contact by you with any other user outside of the Games, i.e. in the real world, is at your own risk without any involvement of iDreamSky and you are solely responsible for any consequences resulting therefrom. If you wish to report any abuse, harassment, or inappropriate conduct within the Games, please visit www.idreamsky.com/homes/customer_service.
7. Cheating and Hacking
You are not permitted under any circumstance or for any reason to cheat or utilize third party applications or code in order to gain unfair advantages in, or acquire Virtual Currency or items from, any of our Games. You agree not to design, disseminate, or use any third party programs designed to change any Games offered by us, or assist in the design of a third party program that changes any Games offered by us. You will be responsible for any damages to iDreamSky resulting from any of your use, dissemination, or design of such programs.
You may not:
(i) reverse-engineer, decompile, or modify any of the Games and use it in any way;
(ii) exploit any cheats or errors which you find in the Games. Any cheats or errors you discover during your use of the Games must be reported immediately to us;
(iii) attempt to access any other users' account;
(iv) misuse any of our customer service facilities;
(v) deliberately enter false information into any of the forums on the Games;
(vi) encourage or attempt to trick other players into breaking our rules.
(vii) use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of the Games; and or
(viii) exploit the Game or any of its parts, including without limitation: (a) performing in-game services in exchange for payment outside the Games, e.g., power-leveling; or (b) performing advertising or solicitations for a third party;
If iDreamSky discovers any of the aforementioned cheats or hacks, it may, in its sole discretion, suspend or terminate your account immediately, without notice to you. We may also place access restrictions based on your I.P. address to the Games.
8. Termination of Services
Notwithstanding the foregoing, iDreamSky, for any reason and in its sole discretion, may decide, in good faith, that any person shall be denied access to any part of the Games. We may suspend, terminate, modify, or delete any iDreamSky account or game account at any time for any reason with or without any notice to you. You acknowledge that you are not entitled to a refund, in whole or in part, for anything in connection with the terminated account.
You agree to cease and desist immediately from any attempt to access the Games and/or your account upon issuance of termination. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Games.
iDreamSky takes every necessary precaution to ensure the stability of the Games. However, they are subject to scheduled and unscheduled maintenance and there may be incidents that might result in loss of server data. Server data is solely owned by iDreamSky and you acknowledge that you will not hold iDreamSky liable for any such loss of data. We perform maintenance in good faith in order to preserve the quality and stability of the Games and to improve, fix, or otherwise maintain the Games. Such maintenance may interfere with gameplay and the availability of the Games.
In the case of announced or unannounced down-time of the Games, iDreamSky is not responsible for disruptions relating to timed Games events, purchases, subscriptions, Virtual Currency, or anything relating to, or deriving in, the Games. You understand that you will not be entitled to any refunds of fees or other compensation for any interruptions in the Games.
Playing the Games may require specific technical requirements. iDreamSky does not guarantee the compatibility of your computer or software with any of the Games, nor is iDreamSky responsible for any interruption or loss of data on your computer resulting from incompatible systems with the Games.
10. Advertising in the Games
If you download and/or play the Games, you will receive advertising messages that appear within and around the game environments. If you do not wish to receive advertising messages, do not use the Games.
The advertising in the Games generated by third parties does not constitute an endorsement by iDreamSky, or its subsidiaries and affiliates, of the opinions or views expressed by these third party websites or advertisers. iDreamSky explicitly disclaims any responsibility for the accuracy, availability, completeness, or quality of the content contained on such sites. Further, iDreamSky is not responsible for the quality or delivery of the products or Games offered by, accessed through, obtained by, or advertised in such advertisements, including the third party websites linked therein. As such, neither iDreamSky nor its subsidiaries and affiliates are responsible for any errors or omissions, or for the consequences resulting from the use of such information contained in such advertisements, including the third party websites linked therein.
11. Pricing and Payment
iDreamSky offers Virtual Currency for purchasing in-game goods and/or Games through a variety of different payment processing methods. Before you purchase Virtual Currency from iDreamSky through its payment partners, you will be asked to confirm that the purchase that you intend to make is correct. In the event of an incorrect credit, please immediately notify us by visiting www.idreamsky.com/homes/customer_service.
Virtual Currency purchases are non-transferable and any purchases made in any one of the Games are only for use in that relevant Game. We reserve the right, in our sole discretion, to change the in-game value of Virtual Currency, amount of Virtual Currency needed to purchase in-game items, or remove in-game items that can be obtained with Virtual Currency.
All purchases made in the Games are final: we do not provide cash refunds or credits for Virtual Currency purchases. You may not trade, gift, or sell any Virtual Currency or in-game items for any reason, nor may you encourage others to do so. We reserve the right to delete, restrict access to, or reduce the value of Virtual Currency if:
(i) there is evidence of breaching our policies on Virtual Currency;
(ii) the Virtual Currency has been credited due to an error; or
(iii) a purchase was made illegally, illegitimately, or there was a chargeback.
12. Subscription and Auto-Renewal
(i) Your subscription to the Games will automatically renew unless you turn off at least 24-hours before the end of the current period;
(ii)Your account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal;
(iii)You can turn off auto-renewal of the subscription by going to your Account Settings after purchase;
(iv)You are not allowed to cancel the current subscription during the active subscription period;
(v)If you are offered a free trial period for any Game, then any unused portion thereof may be forfeited when you purchase a subscription to that Game, where applicable.
13. Intellectual Property Rights
The Games and its content are owned and operated by iDreamSky and its partners. All content, including the forums, and/or the Games offered are solely owned by iDreamSky and its partners and protected by copyright, trademark, patent, and other intellectual property laws and regulations and other applicable laws and regulations. You acknowledge that you have no claims on, interest in, or license to copy, reproduce, distribute, or otherwise exploit for any commercial purpose the Games.
All data (except your name, ID card number and other private information) produced and then saved in iDreamSky’s servers, including but not limited to your accounts, characters, levels, ranking and virtual items data (such as virtual currency and props) are indivisible portions of the Games and shall be owned and managed by iDreamSky and its partners. iDreamSky and its partners reserve and retain all rights to display the data in the Games, including but not limited to display your gaming data (such as power, level, arena rank, etc.) in the ranking list. Subject to the rules of the Games, you are entitled to revise, transfer or abandon your personal data.
You agree to indemnify, defend, and hold harmless iDreamSky, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Games from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of the Terms by you. iDreamSky reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with iDreamSky in asserting any available defenses.
iDreamSky games are provided “as is” and without warranties of any kind, either express or implied. When permitted by law, iDreamSky disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. iDreamSky does not warrant that the functions contained in the Games will be uninterrupted or error-free, that defects will be corrected, or that the Games or the server that makes it available are free of viruses or other harmful components. iDreamSky does not warrant or make any representations regarding the use or the results of the use of the materials in these Games in terms of their correctness, accuracy, reliability, or otherwise. You (and not iDreamSky) assume the entire cost of all necessary servicing, repairs, or corrections in the event that, (a) any post, submission, or allegation would infringe on any copyrights, trademarks, or the rights of any third party; (b) you breach the terms or any applicable law; (c) you access the Games, including access from third party platforms or submissions; (d) any viruses, trojans, worms, spyware, or any other malicious or harmful software are transmitted to the Games, or any third party platform; and/or (e) any allegation that your user content posted, submitted, conceptualized, or otherwise created and/or displayed on or pertaining to iDreamSky site or game’s causes, without limitation, libel, defamation, loss or harm of reputation, or any other damages whatsoever. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
16. Liability for Our Games
When permitted by law, under no circumstances, including, but not limited to, negligence or otherwise shall iDreamSky be liable for any special or consequential damages that result from the use of, or the inability to use, the Games, even if iDreamSky has been advised of the possibility of such damages. In no event shall iDreamSky 's total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing the Games.
17. Force Majeure
Notwithstanding anything else contained in these Terms, we are not liable for any delay in or failure to comply with these Terms if the delay or failure is caused by circumstances beyond our reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.
The Terms govern the relationship between iDreamSky and you and can only be changed or terminated in writing, nor do the Terms create any third party beneficiary rights. If you do not comply with the Terms, and we don't take action immediately, all our rights under the Terms are nevertheless expressly reserved. We may take action in the future. The invalidity or unenforceability of any part of the Terms shall not affect the validity or enforceability of any other part hereof. If any part of the Terms is, for any reason, determined to be invalid or unenforceable, there shall be deemed to be such minor changes (and only such minor changes) as are necessary to make it valid and enforceable.
iDreamSky operates and controls the Games from its offices in China. You can reach us via postal mail at 16/F, A3 Bld, Kexing Science Park 15 Keyuan Rd, Nanshan District, Shenzhen, 518057, China. You can also contact us via phone at +86-755-86685111 or email us OBD@idreamsky.com.
The Terms and all matters or disputes arising out of or relating to the Terms or the Games will be governed by, construed, and enforced in accordance with the laws of People’s Republic of China (without regard to any principles of conflicts of laws). All claims arising out of or relating to the Terms, the Games, or the Games shall be litigated exclusively in the courts located in Nanshan District, Shenzhen, China, and you hereby expressly consent to jurisdiction in those courts.