Welcome to use services provided by MG Open Platform!
To use the services provided by MG Open Platform (hereinafter referred to as “the Services”), you shall read and comply with the MG Open Platform Developer Agreement (hereinafter referred to as this “Agreement”), MG Service Agreement and other relevant agreements and rules.
Please carefully read and fully understand the terms, especially terms on disclaimer or limitation of liability and separate agreements and rules on enabling or using a certain service. Boldface may be used in terms on disclaimer or limitation of liability to draw your attention.
In the event of any violation of this Agreement by you, MG shall have the right to unilaterally restrict, suspend or terminate the provision of services to you at any time, and shall have the right to investigate your relevant responsibilities in accordance with this Agreement and relevant provisions and the circumstances of the breach.
The following terms shall have meanings as follows in this Agreement unless otherwise specifically stated:
Refers to the application programs and related services developed by the developer, or the developer is authorized by the right holder to provide various services to relevant users through the MG open platform, including but not limited to game services, tool services, e-commerce services, video or music services and other existing services and various services that may appear in the future.
Refers to the individual, legal person or other organization that, after valid registration and application, accesses various applications with corresponding rights to the MG open platform and provides various services to users, referred to as "you".
1-3MG Open Platform
Refers to MG SDK, MG’s open platform (mguwp.net), MG Application Store (mguwp.com) and other Open Platforms or sites launched in the future, owned, controlled and operated by MG, as well as subpages and related product clients subordinate to the aforementioned platform sites, hereinafter referred to as "Open Platform" and "Platform".
MG and Developers agree and understand that:
（1）MG is a neutral platform service provider who only provides Developers with neutral network services including SDK, information storage space and links or relevant neutral technical supports for Developers to release, operate and promote their applications on the neutral open platform;
（2）Developers shall independently develop and operate their applications and solely take full responsibility. Therefor MG will neither, and is impossible to participate in R&D, operation and any other activities of applications of Developers nor modify, edit or make up applications of Developers;
（3）Developers shall be solely responsible for and compensate for losses of any dispute and liability arising out of applications and services of Developers and any consequence incurred by Developers in breach of applicable laws and regulations or this Agreement. MG only plays the role of platform provider. If the developer's applications and services violate the rights of third parties, MG will immediately disconnect and remove the relevant links, and does not assume any legal responsibility. If the rights and interests of MG or others are violated, the developer shall bear all responsibilities and compensate for all losses.
Refers to data related to a user that is generated by the user in the Open Platform and applications, including but not limited to data submitted by users, data constituted in user operations and various transaction data. MG shall have the ownership and other related rights of “User Data” which is business secrets of MG, other than relevant rights to which users or Developers are entitled by law.
1-5Open Platform Operation Data
Refers to data that is generated by users and Developers in the Open Platform and applications, including but not limited to data submitted by users and Developers, data constituted in operations and various transaction data. MG shall have the ownership and other related rights of “Open Platform Operation Data” which are business secrets of MG, other than relevant rights to which users are entitled by law.
SDK (abbreviation for Software Development Kit in English) is a collection of tools provided to developers for application development, including corresponding sample source code, development manuals, etc., so that developers can directly use corresponding functions and services, including but not Limited to login, payment, social, advertising, etc.
2.Rights and Obligations of Developers
2-1-1 You shall use a personal email address to register a Developer account (hereinafter referred to as “Account”) as a Developer by logging in to the Open Platform website or by other means designated by MG. Once a Developer Account is registered, the MG Open Platform Developer ID shall not be changed, and such Account is non-transferable and shall not be granted to others for use, donation or inheritance.
2-1-2 You shall use a MG Open Platform Developer ID with legal access when registering an Account and log in the Platform, and shall be subject to relevant agreements and rules.
2-1-3 You shall not use your Account for other purposes in breach of this Agreement. Otherwise, MG shall be entitled to unilaterally restrict, suspend or terminate the provision of the Services for you, and you shall not use the Services again without MG’s consent.
2-1-4 The MG Open Platform Developer ID and password used for registering your Account is your credential to login and use of the Services. You shall take security actions to keep Developer ID and password as well as token and password used to access and manage various products and services in the Services confidential. You shall be responsible for all and any loss and consequence resulting from loss or reveal of such token and password for your improper confidentiality measures or other acts.
2-1-5 You may add a collaborator under the Services Account to conduct operations designated by you based on your needs after using an appropriate MG Open Platform Developer ID to register the Services Account.
2-1-6 Please guarantee that the Developer ID used by you to register the Services Account and the email address and mobile phone number used by you to add a collaborator under the Services Account are legitimate. All and any act conducted through the aforementioned email address or mobile phone number and any other communication modes, including but not limited to registering the Services Account, submitting related qualification materials, confirming and agreeing upon relevant agreements and rules, selecting specific service category and settling fees, are done by you or others with your authorization, and are binding upon you. You will undertake the legal responsibility for all acts identified by all above Developer IDs.
2-1-7 If you find someone is illegally or falsely using your Account and password or there are any other circumstances without your legal authorization, you shall immediately notify MG by valid means, including but not limited to provision of your identity information and relevant identity materials, relevant facts and your requests. MG will take corresponding actions as appropriate after receiving your valid request and verify your identity. If MG is unable to verify your identity or determine your demand due to incomplete information provided by you, resulting in MG’s inability to timely handle the issue, you shall be responsible for any loss caused thereby to you. MG requires a reasonable time limit to take actions for your request and MG will not undertake any responsibility for any loss caused to you by acts of others before you notify MG and MG takes actions in accordance with your valid notice.
2-2-1 Please promise and guarantee that you possess relevant legal qualifications to use the Services, access and operate applications or provide relevant services or obtain approval of relevant government departments; you provide authentic, accurate and complete information of entity qualification materials, relevant qualifications or certificates and any other documents, and immediately update such information in the event of changes thereof; you have ability to perform obligations and acts under this Agreement; you do not violate any agreement, constitution and legal instrument binding upon you in performance of relevant obligations and acts. Otherwise, you shall not use relevant services provided by MG, and shall solely undertake all and any responsibility incurred thereby and for all losses caused to users and MG.
2-2-2 Please guarantee that you will submit authentic and accurate entity qualification materials necessary for using the Services, confirmed by your signature and seal, and relevant information such as contact person’s name, address and email according to the laws and MG’s requirements.
2-2-3 Please guarantee that for all of your services provided through your applications on the Open Platform, relevant legal qualifications are possessed by law or licenses or approvals of the departments concerned in your country or region are obtained. It will not violate any relevant laws and regulations and relevant agreements and rules, nor will it infringe on the legitimate rights and interests of anyone. At the same time, you will provide relevant certification documents such as copyright and patent rights in accordance with the law, in accordance with the contract or in accordance with the requirements of MG, and will submit relevant qualifications to MG.
2-3-1 You shall bear all service fees incurred by your use of relevant services (including but not limited to cloud service) provided by MG, and shall pay such fees in accordance with relevant agreements and rules. Otherwise, MG shall be entitled not to provide relevant services. After you have chosen to use relevant services and paid the fees, if you unilaterally request to cancel such services in advance prior to expiration of such services, MG shall be entitled not to refund the fees of the unused services and confiscate the fees as liquidated damages for your unilateral breach of contract.
2-3-2 MG may modify and change the charge rates and mode for paid services according to actual needs, and MG will, prior to such modification and change, give a notice or announcement on pages of corresponding services. If you do not agree with such modification and change, you shall stop using corresponding services. Otherwise, any of your use thereof shall constitute your consent to such modification and change.
2-3-3 If you have an objection to the notice contents such as charge rates and services duration provided by MG and any other settlement matters, you shall, after receiving MG’s notice, immediately inform MG in written form, and MG will check the written information once receipt. Otherwise, you shall be deemed to accept the notice contents specifying such settlement matters provided by MG, and the Parties shall settle and pay such fees in accordance with the notice contents specifying such settlement matters provided by MG.
2-4Requirements for Application
2-4-1 You shall be responsible for creating, developing, editing, processing, modifying, testing, operating and maintaining your applications, and bear corresponding fees.
2-4-2 Your applications shall comply with applicable regulations, technical specifications or standards. You shall be entitled to all copyrights and other intellectual properties of such applications or rights to which you have obtain legal authorization to grant such applications to any third party worldwide.
2-4-3 Your applications shall comply with the requirements of the Open Platform for access applications in terms of technology and security to ensure safe and stable operation of such applications on the Open Platform. Besides, in order to provide users with high-quality products and services, you shall provide on-going updates as below for such applications after they are officially launched for operation:
(1) Optimize development of applications according to user demand and users on the Open Platform, to better satisfy the user demand and provide version update patch for operations and applications;
(2) Give feedback and repair security abnormalities according to requirements;
(3) Update version, fix bug from time to time, provide effective preventive measures and solutions, and guarantee that such solutions include all necessary detailed information required to fix the bug;
(4) Make sure that the version of your applications on the Open Platform is not lower than the version provided by any cooperation channel, platform or site, including you and other third parties;
(5) Prevent servers and technical devices of applications and user service system from encountering plug-in attacks; once there is a plug-in attack, you shall provide effective preventive measures and solutions and guarantee that such solutions include all necessary detailed information to resolve the plug-in problem.
2-4-4 You shall neither spread any other information not related to the application in the application, including but not limited to advertising and information of other application products, unless otherwise agreed by MG and you, nor add in the application a web link redirected to a web not owned or controlled by MG or without MG’s written consent.
2-4-5 During operation of your applications on the Open Platform, you shall, at your own cost, provide users with timely and effective customer services in various forms, including but not limited to informing users of customer service channels, providing QQ/telephone/email in a specific and reasonable manner.
2-4-6 You shall provide relevant right holders with a way to make complaints in the application to ensure such right holders are able to claim their rights against you when considering you infringe upon their legal rights and interests.
2-4-7 If your applications comply with the requirements of the Specifications on MG Open Platform Payment Access , such applications may access to MG’s payment system in accordance with applicable specifications and processes.
2-4-8 You shall, in connection with the application and relevant services, provide users with a user service agreement on the application before they initially use the application. The user service agreement shall specify that MG only provides a neutral Platform for application operation and relevant neutral technical services, and you shall provide users with such application and relevant services and will undertake all responsibilities for users.
2-5-1 You shall, in accordance with relevant laws, regulations and provisions, operate your application, fulfill your obligations and bear all responsibilities, including but not limited to:
(1) Establishing 24-hour technical support mechanism, and ensuring a smooth technical support channel, so that technical supports and solutions can be obtained at the very first moment in the event of technical failure during operation;
(2) Keeping corresponding logs and records on access, usage, and so on in accordance with the provisions of relevant laws and regulations;
(3) Supporting the work of and providing relevant information for competent state authorities when they inquire you in accordance with laws;
(4) Taking initiative to fulfill other obligations you shall fulfill in accordance with laws.
2-5-2 You promise and guarantee that:
(1) Your application, the relevant services provided to users and the relevant information and contents released will neither violate the provisions of relevant laws, regulations, policies and so on, and this Agreement or relevant agreements and rules and others, nor infringe the legitimate rights and interests of anyone;
(2) You shall be solely responsible for the contents (including but not limited to messages, comments, names, etc.) generated by users using the application services in your application, and ensure that the contents do not violate the provisions of relevant laws, regulations, policies, public order, good morals, etc. In case of any violation, you shall timely take effective actions such as deletion and disconnection. Otherwise, MG has the right to take the aforementioned actions to suspend or terminate your application;
(3) Application design shall attach importance to user experience and respect users’ right to know and choose; application service shall, adhering to the principle of good faith, not mislead, deceive and confuse users, respect users’ privacy, not harass users and not create junk information;
(4) In the consideration of keeping users’ property secure and maintaining the security and stability of system, you shall, in accordance with the requirements on relevant technologies and security of the Open Platform, only provide users with the login method designated by MG and the payment channels that has been introduced for the Open Platform. Without the permission of MG, you shall not solely develop or provide users with other login methods or payment channels. Otherwise, MG shall have the right to suspend and terminate your application operation on the Platform at any time, and all your revenue from your application will belong to MG as liquidated damages.
2-5-3 You shall not be engaged in any act violating laws and regulations including but not limited to the followings and shall not provide any convenience for the following unlawful acts (including but limited to providing convenience to your users for their acts, etc.):
(1) Acts against the basic principles specified by the Constitution;
(2) Acts that jeopardize national security, leak state secrets, subvert state political power and undermine national unity;
(3) Acts that damage the honor and interests of the state;
(4) Acts that incite national hatred and national discrimination and destroy national unity;
(5) Acts that destroy national religious policy or promote cults and feudalistic superstitions;
(6) Acts that spread rumors, disrupt social order, or undermine social stability;
(7) Acts that spread obscenity, pornography, gambling, violence and murder, terror or abet crimes;
(8) Acts that insult or defame others or infringe others’ legitimate rights and interests;
(9) Acts that infringe other people’s legitimate rights and interests such as intellectual property, business secret, etc.;
(10) Acts that make up facts in bad faith, conceal the truth or mislead or deceive others;
(11) Releasing, transmitting or diffusing junk information;
(12) Other acts prohibited by laws and regulations.
2-5-4 You shall not be engaged in acts including but not limited to the followings nor shall you provide any convenience for the following acts (including but not limited to providing convenience to your users for their acts, etc.):
(1) Deleting, concealing or altering any patent, copyright, trademark or other claims of ownership shown or contained on the Open Platform;
(2) Modifying and deleting the basic environment provided by MG, or interfering or attempting to interfere by any means with the normal running of any product, part or function of MG, or producing, releasing or disseminating such tools and methods and so on;
(3) Without the written consent of MG, you shall not use any MG trademark signs including but not limited to “MG”, “MG Store” and “MG App Store” or their any variation, abbreviation, rewriting, etc.;
(4) Avoiding, attempting to avoid or claiming to be able to avoid any content protection mechanism, or causing users to believe that they are directly interactive with MG Open Platform or MG related products;
(5) Using MG URL address, technical interface, etc. by any means without the written consent of MG;
(6) Presenting or otherwise providing any information of a user to any other user and other party without the consent of that user;
(7) Requesting, collecting, asking for or otherwise acquiring the login account, password and any other authentication credentials of MG services such as personal communication software account of users, including but not limited to QQ number, WeChat account, mobile number, e-mail address, Weibo account, etc.;
(8) Contacting users directly or releasing harassment information to users without consent of users;
(9) Providing agent authentication credentials for any user to automatically log in to the MG Open Platform;
(10) Being engaged in tracking behaviors (including but not limited to identification of the operations as viewing and clicking of other users on their personal homepage) or in any behavior that infringes users’ privacy without the consent of users;
(11) Automatically redirecting the browser window to other web pages;
(12) Obtaining the access right to MG products or services without authorization;
(13) Including contents such as computer viruses, Trojans or other malicious programs that may be harmful to the MG’s or users’ interests and the terminal information security, or vulnerabilities found that may cause Trojan or Phishing webpage implantation in the application;
(14) Opening ports/services at high risks without approval, or add web shell in the Internet programs;
(15) Publicly expressing or implying that there is cooperation relationship between you and MG, including but not limited to mutual holding, commercial intercourse or partnership, etc., or claiming the recognition of MG to you;
(16) Utilizing the vulnerabilities of the Open Platform to conduct malicious acts, including but not limited to releasing of illegal information, malicious hijacking of user information, bundling of software and installation, fraud to users, etc.;
(17) Causing public network IP exposure or security intrusion failures;
(18) Implementing acts including but not limited to using MG or any third party’s virtual currencies or brand services by the means of giving or offering without the permission of MG;
(19) Other acts or contents MG deems inappropriate.
2-5-5 Third-party software or technologies may be applied in the Services. MG hereby guarantees that the legal authorization has been obtained when they are used, and at the same time, MG will, in accordance with relevant laws and regulations or appointments, display relevant agreements or other documents. The aforementioned relevant agreements or other documents presented in various forms are integral parts of this Agreement, and have the same legal effect as this Agreement, and you shall abide by these requirements. Otherwise, all liabilities arising therefrom shall be borne by you. Any dispute arising from any third-party software or technology used in the Services shall be settled by such third party.
2-6Rules for Offline Application
2-6-1 If you take the initiative to apply for the termination of operation of the application or service provided by you, you shall submit a written notice to MG 60 days in advance before the termination, and the operation shall only be terminated after the approval of MG.
2-6-2 If, for whatever reason, the operation of your online game application or service needs to be terminated, you shall publish an announcement about the operation termination to users on the application page and service page at least 30 days in advance, and close the payment entrance; if you take the initiative to apply for the operation termination of the non-online game application or relevant service provided by you, you shall, in accordance with the law, this Agreement and the requirements of MG, publish an announcement on the operation termination to users on the application page and service page in advance.
2-6-3 Your announcement on the operation termination of your applications or services shall continue to be published until the date when the applications or services are officially offline.
2-6-4 Where the operation of an application is terminated for some failures, you shall deal with the relevant rights and interests of users in the application according to laws, including but not limited to refund or reimbursement. For the virtual currency of online games that has not yet been used by users of online game applications or the game services that has not yet expired, you shall refund users with lawful currency or exchange it in other ways accepted by themselves based on the proportion of purchase.
2-6-5 Your announcement may advise users to exercise their rights in the application or service during the offline announcement period, including encouraging them to consume game items or services or others within the announcement period, while you shall protect their legitimate interests according to laws and shall not force them to consume or exempt yourself from obligations as refunding and exchanging of unused game currency.
2-6-6 No matter why the application or service is terminated, you shall, before it is terminated, properly handle the relevant issues between you and the user by laws, agreements and the requirements of MG; otherwise, you will solve all issues such as disputes arising therefrom between you and the user on your own and take the sole responsibility. Besides, any loss caused to MG shall also be borne by you for compensation.
2-6-7 If you require temporarily restricting or suspending the provision of applications or services to users because of your operational needs, you shall obtain the prior written consent from MG and inform users at least ten working days in advance. In case of compensation or reimbursement to any user, you shall assume the obligation of compensation or reimbursement.
2-7About Online Game Applications
2-7-1 If your application is an online game application, it shall meet the following requirements: According to the requirements of relevant laws and regulations, if your application is an online game application, you shall develop user guidance and warning instructions for your online game application according to its contents, functions and applicable groups, and show it at a conspicuous position on the website and in the online game.
2-7-2 If your application is an online game application, then the application:
(1) Shall not be set up with a compulsory battle without users’ consent;
(2) Shall not induce users to spend lawful currency or virtual currency for online games to acquire application products and services through random drawing or other random methods;
(3) In the online game applications targeted at minors, no contents that may induce minors to imitate acts against social morality and acts violating laws, and no contents that are harmful to the physical and psychological health of minors shall be included;
(4) If a user of the game application requests to return the virtual currency that has been purchased but not yet used or the service that has not yet expired in the form of RMB or other legal currency, you shall return and exchange it to the user according to laws.
2-8About the Rules of User Data
2-8-1 Your applications or services must meet the following requirements when being used to collect, store and use user data:
(1) If your applications or services are in need to collect any data of users, affirmative consent must be obtained from users and only user data necessary for running application program and achieving application function shall be collected. Meanwhile, users shall be informed of the purpose, range, usage method and other information of relevant data collection to guarantee users’ rights to information;
(2) After collecting users’ data, you must take necessary protective measures to protect user data against theft, leakage, etc.
(3) The user data you have collected from a specific application can only be used in the specific application, or be used in accordance with laws and regulations or the agreement between you and users;
(4) You shall provide users with privacy policies. The privacy policies shall be shown to users in an obvious position on the application interface;
(5) You shall provide users with methods for modification and deletion of user data and make sure that users can use the methods to complete the operation by themselves when they request deletion of their user data.
2-8-2 You shall not collect users’ private information data or other data classified by MG as sensitive information, including but not limited to collect or require users to provide any communication software contact information, users’ relation chain, friend list data, bank account and password, etc.
2-8-3 You shall not use Open Platform data in any application-irrelevant advertisements to users.
2-8-4 If MG considers that the method you have adopted to collect and use user data may cause damage to user experience, MG has the right to request you to delete relevant data and that you shall no longer collect and use user data with this method.
2-8-5 If your related behaviors are suspected of violating relevant laws and regulations, agreements under this Agreement or related rules on the Platform, MG has the right to limit you to or prevent you from getting user data and Open Platform data.
2-8-6 All rights on data including MG Open Platform Operation Data and user data, except the relevant rights belonging to users or developers according to laws, belong to MG and are business secrets of MG. Without MG’s prior written consent, you shall not use the aforementioned data for purposes not agreed in this Agreement and offer the aforementioned data to others in any form.
2-8-7 Once you stop using Open Platform or your usage of the Services is terminated by MG based on any reasons, you must delete all data (including all kinds of backups) obtained from the Open Platform immediately and shall not use the data by any means.
2-8-8 In terms of various data and other information stored on MG server caused by using the Services, you shall take reasonable and secure technological measures to ensure security of the data and information outside the Service and shall be fully responsible for the results caused by your own behaviors (including but not limited to installation of software by yourself, adoption of encryption measures or implementation of other security measures).
3.Rights and Obligations of MG
3-1 MG will provide you with relevant services in accordance with the services you have selected and your fee payment status.
3-2 Protection of your information security is a fundamental principle of MG, and MG will not disclose or offer your information to any companies, organizations or individuals other than MG without your consent, except where:
(1) The information is provided in accordance with this Agreement, or other relevant agreements, rules and provisions;
(2) The information is provided in accordance with provisions of laws and regulations;
(3) The information is provided at the request of administration, judiciary and other government departments;
(4) The information is provided to third parties with your consent;
(5) The information in order to deal with reports and complaints and initiate legal proceedings;
(6) The information in order to take necessary and reasonable actions to avoid serious illegal behaviors or suspected criminal behaviors.
3-3 Although MG has made great efforts to protect your information, under current security technology measures, it cannot guarantee that your information will not be disclosed or stolen due to force majeure or factors not caused by MG. For your loss caused by such reasons, you shall agree that MG is exempt from the liability.
3-4 MG has the right to develop and operate applications similar to or competing with your application, and MG will not ensure that applications developed by other developers to compete with your application will not be displayed on the Open Platform.
3-5 MG has the right to explain to users on pages including but not limited to application introduction page or installation page that the application is developed by you and that users will be provided with customer services by you.
3-6 MG can transfer partial or whole rights and obligations mentioned in this Agreement to third parties. If you do not agree the transfer made by MG, you shall have the right to stop using services under this Agreement. Otherwise, you will be deemed to have accepted the transfer.
3-7 Unless otherwise agreed, MG does not need to pay you any fee in accordance with interests specified in this Agreement.
3-8 In order to optimize the outcome of distribution and promotion for the application, you shall authorize MG to promote your application through the following actions to more Internet users without your separate consent.
(1) MG may take various forms, including but not limited to usage of any part of the application installation package, name, scenario, trademark, etc., to publicize, promote and release applications on platforms, websites and other places other than MG Open Platform (including but not limited to any other third-party application distribution market).
(2) MG has the right to authorize its partners to publicize, promote and release the applications through various methods including but not limited to usage of any part of the application installation package, name, scenario, trademark, etc.
(3) MG and the partners authorized by MG can independently choose to publicize, promote and release your application, including but not limited to usage of any part of the application installation package, name, scenario, trademark, etc., to Internet users in partial regions or around the world in accordance with their own overall operating arrangement.
(4) For purposes of this Agreement, MG has the right to use the LOGO, label, name, picture and other relevant materials of your application.
Note: If you or your applications cause any dispute or loss to platforms, websites and partners authorized by MG other than MG and MG Open Platform during the process of publicity, promotion and release of your application in accordance with the agreements in this article, you shall resolve relevant disputes as soon as possible and solely bear all the responsibilities.
4.About Individual Services
4-1 In order to provide you with more comprehensive and excellent services, MG or MG’s cooperation partners (hereinafter referred to as “individual services providers”) may provide you with other individual services, including but not limited to third-party payment service, cloud service, etc. on MG Open Platform. You have the right to decide whether or not to use the individual services as required.
4-2 Individual services mentioned in this article may be configured with independent service agreement, use rules, etc., and may introduce to you the function, rules and requirements of the individual services by virtue of announcement, tips or other methods. If you choose to use certain individual service, you shall subscribe to the service in accordance with its requirements and comply with aforementioned relevant agreements, rules, announcements, tips, etc.
4-3 If you log in to and use individual services in any form, it shows that you have understood and accepted to be subject to agreements, rules, announcements, tips, etc. related to the individual services.
4-4 You shall understand and agree that individual services providers have independent operation right and have the right to take the following measures directly without your consent or prior notice:
(1) Modification of agreement and rules related to individual services, including but not limited to use condition, use method, expenses, etc.;
(2) Variation of specific service content of an individual service, and suspension and termination of an individual service. If you do not accept above variations or adjustment, you shall stop using relevant services. Otherwise, if you continue using relevant services, you will be deemed to have agreed and accepted related variations and adjustment.
5-1 Since network service is special, MG has the right to change, suspend or terminate partial or whole service at any time in accordance with overall operating situation or related operating specifications and rules of MG Open Platform without prior notice to you. For your loss caused by such reasons, you shall, within the range of this Agreement between the Parties, agree to waive MG’s liability.
5-2 In order to provide you with better services, MG has the right to examine, repair, maintain and upgrade the platform or relevant devices providing the Services regularly or irregularly, which may cause interruption or suspension of relevant services in a reasonable time. For your losses caused by such reasons, you shall agree to waive MG’s liability.
5-3 MG’s services are provided in accordance with the status of current technology and condition. MG will make great endeavor to provide service for you and ensure continuity and security of the service; however, MG cannot guarantee that the service it provides is free from any defect and it cannot always predict and prevent legal, technological and other risks, including but not limited to service interruption, data leakage and other losses and risks caused by force majeure, viruses, Trojans, hacker attacks, system instability, third-party service defects, government behaviors and other reasons. Therefore, you shall agree that even if the services provided by MG are flawed, such flaws are unavoidable due to the industry’s technical level at that time. Meanwhile, for your losses such as data or information leakage, you shall agree to waive MG’s liability.
5-4 During the process of using the Services, you may encounter force majeure and other risk factors that cause interruption of the Services. Force majeure means unforeseen and inevitable objective events that cannot be overcome and have a significant impact on one Party or the Parties, including but not limited to natural disasters such as flood, earthquake, plague epidemic and storm as well as social events such as war, turmoil and government behaviors. When above circumstances occur, MG will make efforts to cooperate with relevant organizations as soon as possible to restore in time. For your loss caused by such reasons, you shall agree to waive MG’s liabilities.
5-5 You shall agree to waive MG’s liabilities against your losses from service interruption or bottleneck caused by the following circumstances:
(1) Damage caused by computer viruses, Trojans or other malwares and hacker attacks;
(2) Failures of your or MG’s computer software, system, hardware and communication line;
(3) Your maloperation;
(4) Your usage of the Services with methods unauthorized by MG;
(5) Other circumstances MG cannot control or predict reasonably.
6.Service Suspension or Termination
6-1 If you send a written notice about rejection to this Agreement or its amendment to MG, MG shall be entitled to suspend or terminate the Services provided to you in whole or in part at any time.
6-2 If the Services cannot be continued or MG is unable to provide the Services due to the force majeure factors, either party shall be entitled to terminate this Agreement at any time.
6-3 In case that any suspension or termination conditions agreed in this Agreement occurs or is realized, MG shall be entitled to suspend or stop providing the Services to you in whole or in part at any time.
6-4 Where either party and its creditor or any other parties allowed by law apply for liquidation, insolvency, reorganization, reconciliation or dissolution, or normal operation of a company cannot be maintained due to fund shortage of either party, or either party is incapable of undertaking any due debts, or the creditor of either party takes over its operation, the other party may terminate this Agreement.
6-5 MG may terminate the Services to you according to this Agreement due to your breach to this Agreement. If you directly or indirectly use the Services by registering in the name of another person subsequently, MG shall be entitled to directly suspend or terminate the Service unilaterally.
6-6 Where this Agreement or the Services are terminated due to any reason, MG may independently retain or delete all data of your account or any information such as data which are stored in an MG server due to the reason of the Services as appropriate, including but not limited to any data unfinished by you before termination of the Services.
6-7 Where this Agreement or the Services are terminated due to any reason, you shall properly deal with your information (data, etc.) backup and relevant affairs between you and the users. You shall compensate for any loss caused to MG in full, if any.
7-1 MG may use one or more methods including website announcement, website reminder, email, SMS, communication software, conventional letter and messages sent via the management system of your registered account for the Services to send various information such as rules, notices and reminders of the Service to you. Such information, once been announced or sent by any one of the above-mentioned methods by MG, shall be deemed as served and be binding to you. If you do not accept the notice, please inform MG in writing. If not, it is deemed that you have accepted and agreed such notice.
7-2 Where you do not receive relevant rules, notices, reminders and other information due to false email, cell phone number, postal address, communication software provided by you, you shall solely undertake any result and responsibility therefrom.
7-3 You also agree that MG or the partner can send any other information irrelevant to the Services to your email, cell phone number, etc., including, but not limited to commercial advertisement and the like.
8-1 Any trademark, copyright or other intellectual property respectively enjoyed by the Parties before execution of this Agreement shall be still enjoyed by the Parties respectively, which shall not be enjoyed by the other party or jointly enjoyed by the Parties due to execution or performance of this Agreement, unless otherwise specified by the Parties.
8-2 The intellectual property of information provided in the Services by MG (including but not limited to websites, texts, pictures, audios, videos, graphs, etc.) shall be reserved by MG, unless otherwise enjoyed by others by law. Unless otherwise stated, copyright, patent right and other intellectual property of software serving for the Services provided by MG shall be reserved by MG. MG shall have copyrights or trademark rights of commercial trademarks such as “MG Games”, “MG”, “MG Store” and “MG App Store” used in the Services by MG. The above and any other intellectual properties enjoyed by MG by law are protected by law. Without MG’s written permission, you shall not use or create any derived works in any form.
8-3 You only have the right to legally use the Services or relevant API as agreed herein. Any copyright, patent right and all other rights related to the Services shall be reserved by MG. Without MG’s written permission, you shall neither use the codes, API, development tools and others of MG by going against this Agreement or the law, nor sale, transfer, sub-license the same to any organization or person.
9.Special Agreement on First Commercial Operation Release of Multi-region and Multi-server Game Applications
For all multi-region and multi-server game applications accessed by you to the MG Open Platform (the multi-region and multi-server game applications refer to the game applications which provide services to users in multiple independent operation environments without data interconnection) and all versions updated and optimized (hereinafter collectively referred to as multi-region and multi-server applications), you undertake and accept the following terms:
9-1 In the mainland of the People’s Republic of China (except Hong Kong, Marco and Taiwan), the first commercial operation of the multi-region and multi-server game applications in any form (commercial operation refers to that any user can directly or indirectly purchase tools, service and the like within the multi-region and multi-server game applications with a legal currency) is surely conducted on the MG Open Platform at first.
9-2 When and before the multi-region and multi-server game applications are put into commercial operation on the MG Open Platform specified in Article 9.1, you will not or have not provided the multi-region and multi-server game applications to any users in any other platforms (including but not limited to your own platform or any other platform, etc.) other than the MG Open Platform for commercial operation in any form (including but not limited to forms such as authorization, sublicensing and joint operation in the name of you, other party or both parties, etc.).
9-3 If you have violated Articles 9.1 and 9.2, MG shall have the right to cancel various promotion measures and access to the interface by the multi-region and multi-server applications or suspend or terminate operation and/or access of the multi-region and multi-server game applications in each MG Open Platform. You shall be responsible for compensating MG’s loss or loss of others (if any).
10-1 You shall pay relevant fees as per this Agreement, relevant agreements and rules. Otherwise, you understand and agree that: You shall pay the liquidated damages to the fees due to MG at the rate of 0.1% for each day of delay. Meanwhile, MG shall be entitled to take one or more actions below, including but not limited, after giving the notice, to guarantee its own legal rights and interests.
(1) Directly deduct any other fees to be paid by MG to you or your affiliates;
(2) Suspend any payment paid to you or your affiliates;
(3) Suspend or terminate the Services for all applications of yours or your affiliates’;
(4) Suspend or terminate back-stage management permissions of yours or your affiliates’;
(5) Delete any data stored by you or your affiliates in the Services;
(6) Forbid you or your affiliates to access any new application to the Open Platform in future;
(7) Other actions which can be taken by MG to guarantee its own rights and interests.
10-2 You undertake that the use of the Services and any behavior of yours shall neither violate any laws, regulations, this Agreement, relevant agreements, rules, etc., nor infringe legal rights and interests of any subject. You shall warrant legality of applications and services provided by you and that they have all qualifications required by operation in the state or region where the applications and services are provided. You shall warrant that relevant formalities necessary for registration, approval, etc. by government departments/industrial departments of the state and region where the application and service are provided have been handled as per laws, regulations, policies and rules. You shall warrant that you will be solely responsible for intellectual property involved with the applications and services provided by you as well as their administration regulation. If MG discovers by itself or discovers according to information of relevant department, complaint of the right holder and others, that you might have breached the above undertakings, MG shall have the right to independently recognize that you have breached the above undertakings based on common sense. If MG believes that you have breached the above undertakings after judgment, MG shall be entitled to take one or more actions below after a notice is sent:
(1) Request you to immediately change or modify any contents infringing other’s legal rights and interests; before your correction, suspend to pay any revenue of any suspected application or of any other application or all applications in the name of you and your affiliates to you and your affiliates;
(2) Take actions to the suspected application or all or any applications in the name of you and your affiliates, such as closing new user access and restricting login by existing users;
(3) Remove the suspected application or all or any applications in the name of you and your affiliates, i.e., terminating operation of the applications in the Open Platform;
(4) Suspend any payment paid to you or your affiliates;
(5) Directly deduct MG’s loss or liquidated damages should be beard by you from any payment to you and your affiliates;
(6) Forbid you or your affiliates to access any new applications to the Open Platform in future;
(7) Suspend or terminate advertisement, promotion and release on platforms and websites other than MG Open Platform by the suspected application or all or any applications in the name of you and your affiliates;
(8) Investigate your legal responsibilities or unilaterally terminate this Agreement at the same time;
(9) Announce your behavior externally and provide your valid information to the competent authority or the complaint and the right holder;
(10) Other countermeasures MG deems appropriate.
If the suspected application does not infringe other’s legal rights and interests after your modification, you agree that MG still have the right to remove the modified application. Meanwhile, if required, you can access the modified application which no longer infringes other’s legal rights and interests as a new application as per procedure and specifications of the Open Platform.
10-3 After MG informs you or you learned that you have infringed other’s legal rights and interests, you shall propose a counter-notice to MG as per provisions in the Counter-notice Guide for Infringement and Complaint Against MG Open Platform.
10-4 Where MG takes any behaviors or measures against you and your applications according to the terms above and other agreements herein or because you have breached provisions of relevant laws, you shall be solely responsible for any disputes, responsibilities, etc. therefrom, solely cover any loss of yours and solely responsible for any loss of MG or others (if any).
10-5 Where MG have taken any behaviors or measures against you and your applications according to the terms above and other agreements herein or because you have breached provisions of relevant laws and corresponding costs have been charged before corresponding service is provided, MG shall have the right to keep such fees as the liquidated damages to your default.
10-6 Where there is any application revenue unsettled after this Agreement is terminated by MG due to your breach to this Agreement, MG shall be entitled to make no settlement and keep such revenue as the liquidated damages. In addition, you shall be solely responsible for any disputes and responsibilities incurred due to your breach to this Agreement. Where any loss is incurred to MG (including but not limited to penalty by the competent authority, compensation to loss of the right holder, attorneys’ fee, court cost, etc.), you shall compensate all losses of MG within 30 working days after the Parties confirm the Agreement.
11-1 Contents of this Agreement include the MG Service Agreement, agreements or rules in Annex to this Agreement, as well as other relevant agreements, rules and the like for the Services, released by MG from time to time. The above contents are integral parts of this Agreement upon official release, which you shall be observed. Priority of the above documents is as follows:
(1) Single service agreement and service rules of a single service configuration;
(2) this Agreement;
(3) MG Service Agreement. Once any service hereunder is registered or used, it is deemed that you have read and agreed to accept restrictions of this Agreement as well as the above contents. MG shall have the right to unilaterally modify this Agreement or the above contents when necessary. If you continue to use the Services after relevant contents are changed, it is deemed that you have accepted relevant contents modified. If you do not accept relevant contents modified, you shall stop using the service related.
11-2 This Agreement is executed in Chaoyang District, Beijing, the People’s Republic of China.
11-3 Conclusion, validation, performance, interpretation and dispute resolution of this Agreement shall be governed by the law of the mainland of People’s Republic of China (exclusive of conflict laws).
11-4 Any dispute or controversy between you and MG shall be settled through friendly consultation. Should the consultation fail, the Parties agree to submit the dispute or controversy to the competent People’s Court at the place where this Agreement is executed.
11-5 All headings of terms herein are included for convenience only, without actual meaning and shall not be used as the basis for the interpretation of the meaning of this Agreement.
Amended on: November 2, 2022