DREAMCUBE USER AGREEMENT
Effective Date: 12/07/2024
Thank you for choosing the products and services of DreamCube.
PLEASE READ CAREFULLY
This "DreamCube User Agreement" (hereinafter referred to as "this Agreement") is a legally binding document executed between you and DreamCube pertaining to your use of DreamCube's products and services. Before giving your consent to this Agreement or before using DreamCube's products and services, it is crucial that you read and understand every provision of this Agreement. Particular attention should be paid to provisions that may substantially impact your rights and interests, especially those clauses highlighted in bold, which address DreamCube's responsibilities, the rights to which you're entitled, dispute resolution and applicable law. Ensure that you review these pivotal clauses closely.
You acknowledge and agree that by clicking the “accept” or “agree” button to accept this Agreement or by using DreamCube' products and services, it signifies that you have read, fully understood, agreed to, and accepted all terms within this Agreement, and that you are willing to be bound by them. You further acknowledge that, in the event of a dispute, you will not assert failure to read carefully or lack of awareness of relevant provisions as a basis for defense. If you disagree with any terms within this Agreement, you should discontinue your registration or log-in process for a DreamCube user account and cease using any and all products and services immediately.
You must be at least the minimum age for consenting to personal data collection under the law in your jurisdiction in order to create a user account (defined below) and to access certain of our services. If you have reached the minimum age for personal data collection in your jurisdiction but are still a minor, this Agreement must be read and accepted on your behalf by your parents or guardians. Parents and guardians are responsible for the actions of their minor children when using our services.
Please carefully review Annex 1 of this Agreement for detailed information regarding "Dispute Resolution and Applicable Law." Important note for U.S. users on arbitration: By agreeing to this Agreement, you consent to resolve (with some exceptions) any disputes between us through binding individual arbitration rather than through litigation. This Agreement also contains limitations on the damages that you may claim in the event of issues arising from your use of the services.
You understand and agree that, in response to changing operational circumstances or policy adjustments, DreamCube reserves the right to modify this Agreement from time to time in accordance with the law and the stipulations of this Agreement. If changes to this Agreement substantially affect your rights, DreamCube will notify you at least seven (7) days prior to the effective date of the revisions, in the manner specified in clause 17.3 of this Agreement. You should regularly review the latest version of this Agreement on DreamCube's website prior to logging in or using our products and services to stay updated on any changes. If you disagree with this Agreement or the modifications made by DreamCube, you should voluntarily cease using the products and services provided by DreamCube. If, after the modifications by DreamCube take effect, you continue to use the products and services provided by DreamCube, it indicates your acceptance of all changes made to this Agreement.
1 Definitions
Unless explicitly stipulated elsewhere in this Agreement or unless the context specifically indicates otherwise, the terms appearing in this Agreement shall have the following defined meanings:
1.1 "This Agreement" refers to the "DreamCube User Agreement," the "DreamCube Privacy Policy," and any other rules related to products and services as issued by DreamCube, including any versions that may be revised over time.
1.2 "Products and Services" corresponds to the content defined in clause 4.1 of this Agreement.
1.3 "Test Server" corresponds to the content defined in clause 9.1 of this Agreement.
1.4 "Affiliate" means any entity that is directly or indirectly controlling, controlled by, or under common control with, DreamCube. "Control" is defined as, but not limited to, holding or possessing, either directly or indirectly, shares in such an entity representing fifty percent (50%) or more of the prevailing equity, regardless of whether this control manifests through ownership, voting rights, agreements, or other forms.
1.5 "Experience Server" corresponds to the provisions set forth in clause 9.2 of this Agreement.
1.6 "Virtual Items" corresponds to the provisions defined in clause 8.1 of this Agreement.
1.7 "Privacy Policy" means the "DreamCube Privacy Policy" as published by DreamCube, including any versions that may be revised from time to time. Details can be found [●].
1.8 "User" means the individual or entity that downloads, installs, registers, logs in, or uses the Products and Services. In this Agreement, "User" is also referred to as "You".
1.9 "User-Generated Content" corresponds to the content defined in clause 5.1 of this Agreement.
1.10 "DreamCube" refers to DREAM CUBE GAMES LIMITED. However, for products and services offered in a specific region, the operating entity of DreamCube listed in the app store for that region shall prevail. In this Agreement, DreamCube is also referred to as "We".
1.11 "DreamCube Website" means the official website and platform operated by DreamCube.
1.12 "DreamCube User Account" means the account you register on the DreamCube website when using products and services provided by DreamCube, which includes all information within said account. It's also referred to as "User Account".
2 Contracting Party
This Agreement sets forth the rights you possess and the obligations you must fulfill when registering, logging in, downloading, installing, and using the Products and Services. You confirm that, prior to entering into this Agreement and using the products and services, you have the requisite legal capacity to do so.
3 DreamCube User Account
3.1 Registration
3.1.1 Depending on the products and services you select, you must complete the registration process to access the products and services. Your user account (where applicable) is distinct from any account you might have with any app store (your “App Store Account”). You can create your user account using an existing account you have with us or by using your email address. If you opt to create a user account using a third-party account (e.g., your Facebook or Google account), we may access certain personal information provided by that third party (such as your email address and name) to facilitate the creation of your user account. For more information on using third-party accounts, please refer to the "DREAMCUBE PRIVACY POLICIES". Be advised that you can also use the game without creating a user account, but you might not be able to access certain parts of the game. Additionally, if you uninstall or otherwise remove the game, your game data may be erased.
3.1.2 You acknowledge and agree: If you use an email address to create a user account, you can change the email address via the user center within DreamCube products and can also modify the password for your user account. Once the email is successfully changed, you can only use the updated email to log into that user account, and the previous email address will no longer be valid for login. If you use a username to establish your user account, once it is set, it cannot be changed, though the password associated with that user account can be altered via the DreamCube user center. You may register multiple DreamCube user accounts, and DreamCube reserves the right to manage, either individually or collectively, various accounts owned by the same user (for the purposes of this User Agreement, if the email address for registration matches that of another account, the two accounts are deemed to have the same user).
3.2 Account Security and Management
3.2.1 Your account is intended solely for your personal, non-commercial use. Unless otherwise expressly stated in this Agreement, any activity conducted under your account shall be deemed to have been conducted by you personally. You shall be responsible for all actions undertaken under your account.
3.2.2 Unless expressly permitted and recorded by DreamCube, you must not disclose your account credentials to others. You are prohibited from lending, gifting, selling, transferring, or otherwise making your account available for use by others in any manner or form. Should this provision be breached, you will be solely responsible for any and all losses incurred by yourself, DreamCube, or any third party. Moreover, DreamCube reserves the right to suspend or terminate any and all products and services to such accounts.
3.2.3 It is your responsibility to securely maintain your account login credentials and to ensure the security of your computer system. Please be advised that DreamCube will never request your account password in any manner. If you find that your account or password has been unlawfully accessed or there are unusual activities associated with it, you must promptly notify DreamCube following the procedures published by us and take any other necessary remedial actions. DreamCube reserves the right to suspend access and usage rights for such accounts. Should the disclosure of your account credentials occur due to reasons attributable to you (e.g., device compromised by malware, victim of fraud), you shall bear all resulting losses, and DreamCube shall not be held liable.
3.3.4 Based on your requirements and subject to the services provided by DreamCube at the time, DreamCube may offer auxiliary tools to enhance the security of your account and password. There might be fees associated with the use of certain tools. You acknowledge and agree that while these tools can improve the security of your account and password to a certain degree, DreamCube does not guarantee their absolute security.
4 Services
4.1 Products and Services
4.1.1 DreamCube provides you with gaming services, other online services, and value-added services through the DreamCube website or through websites and platforms of our partners. This encompasses both the products and services that DreamCube currently offers and those it may offer in the future. You may accept and use the products and services provided by DreamCube in accordance with this Agreement.
4.1.2 In an effort to enhance the security, stability of our products and services, as well as for other commercial considerations, DreamCube may improve its products and services by means of updates, preloading, upgrading to new versions, or other such measures. By agreeing to these terms, you consent to such measures. You understand and agree that it is your responsibility to update in order to access the latest version of the relevant products and services to ensure their uninterrupted access, retrieval, and usage. You further acknowledge and agree that you will not hold DreamCube legally accountable for such updates or changes.
4.2 Devices, Networks, and Operating Environment
4.2.1 You acknowledge and understand that your use of the products and services requires internet access and appropriate computer equipment. You are responsible for procuring and maintaining your own internet connection and computer equipment that meets the minimum operational requirements necessary for accessing and using our products and services. Furthermore, you shall bear all costs associated with data usage, network access, hardware, software, and other expenses incurred during the use of the product and services, irrespective of whether there is a charge for the use of such products and services.
4.2.2 To enhance security and stability, during your use of the products and services, DreamCube or its partners may need to access and assess information about your terminal device, including but not limited to hardware specifications, operating system, and network details, to ensure that your device's operating environment complies with the requirements for the respective product or service.
4.3 User Feedback
DreamCube welcomes your oversight during the time you use the products and services we provide, to ensure that we are adhering to the terms of this Agreement. You may, at any time, offer your opinions and suggestions related to DreamCube's products and services through the contact channels we provide.
5 User-Generated Content
5.1 Scope
DreamCube offers products and services that allow you to independently produce, create, upload, post, and transmit content. For content that you produce, create, upload, post, and transmit using these products and services, as well as any content you provide to other users through the interactive features of our products and services - including but not limited to in-game custom content, communication details, chat histories, avatars, virtual personas, etc. (hereinafter referred to as "User-Generated Content"; for clarity, this does not include your unpublished data and personal information) - it is your responsibility to securely maintain the associated accounts. You should ensure that the User-Generated Content posted by these accounts is genuinely yours, that it is lawful, and does not infringe upon the legal rights of others. Furthermore, you must comply with this Agreement and any rules set by DreamCube specifically for the relevant products and services (hereinafter referred to as "User-Generated Content Platform Rules").
5.2 Authorized Use
You agree that:
5.2.1 If user-generated content includes elements of DreamCube content (including but not limited to any artwork, music, literary works, and/or any other elements or components of DreamCube or contained within the game, as well as continuous dynamic visuals presented during DreamCube's operation) and/or other content for which DreamCube holds intellectual property rights (collectively referred to as "DreamCube Content"), then any commercial use of such user-generated content requires prior written authorization from DreamCube, in accordance with the user-generated content platform rules.
5.2.2 With respect to user-generated content, you irrevocably grant DreamCube a perpetual, worldwide, royalty-free, non-exclusive license to use said user-generated content in any manner. The term “use” as mentioned herein includes, but is not limited to, copying, distributing, renting, displaying, performing, broadcasting, modifying, adapting, transmitting over information networks, live streaming, projection, audio and video recording, compiling, and other modes of use. This includes usage for both commercial and non-commercial purposes, within the game and outside it, and both on user-generated content platforms and elsewhere. For clarity, the aforementioned rights to use will hereinafter be referred to as “Usage Rights” or “Use”. Additionally, you authorize DreamCube to assign or sublicense these usage rights to third parties. You represent and warrant that you possess all rights to grant DreamCube the rights pertaining to the user-generated content as specified in this clause. You also ensure that your user-generated content aligns with a positive, proactive, and healthy image of DreamCube and its products and services, and does not contain any content that breaches current laws, regulations, policies, public interests, or infringes upon the intellectual property or other rights of third parties. You further warrant that DreamCube's use of your content will not infringe upon the intellectual property rights or any other lawful rights of any third party, nor will it violate any applicable laws, regulations, policies, or public interests. You acknowledge that your user-generated content solely represents your own views. You shall bear sole responsibility for such content and actions, and if they result in any losses to DreamCube or third parties, you shall compensate for the same.
5.2.3 For user-generated content that includes content, you may only display or use such content on DreamCube's platform or on other platforms approved by DreamCube and in manners sanctioned by DreamCube. Without explicit permission from DreamCube, you may not, either on your own or through third-party authorization, distribute the content on other platforms, nor engage in any unauthorized publication, commercial exploitation, creation of derivative works, or any other form of use. Any violation of this provision entitles DreamCube to take action under this Agreement and retain the right to seek legal remedies.
5.2.4 With respect to user-generated content, you irrevocably authorize and agree that DreamCube has the right, either on its own behalf or by appointing a professional third-party, to take action against any infringements upon the legitimate rights and interests of users, as well as infringements related to user-generated content. The methods include, but are not limited to: monitoring for infringement, issuing cease-and-desist letters, initiating lawsuits or arbitrations, mediation, and settlement. DreamCube retains the sole discretion to make decisions regarding and independently pursue these protective actions.
5.2.5 You acknowledge and agree that DreamCube reserves the right, at its sole discretion, to use or publicly display your user-generated content. Furthermore, DreamCube has the authority, without seeking your consent, to modify, conceal, or delete your user-generated content. DreamCube shall bear no responsibility or obligation arising from the publication, use, modification, concealment, deletion, or non-publication, non-use, non-modification, non-concealment, or non-deletion of your user-generated content, nor does it provide any form of warranty for any user-generated content. Where applicable laws concerning copyrights grant you moral rights to your user-generated content, including but not limited to the right to publish, the right to attribution, the right to make modifications, and the right to maintain the integrity of the work, you agree to exercise these rights in adherence to the terms of this Agreement. Moreover, you further consent to DreamCube's discretion in determining whether to attribute the content to you and the mode of such attribution, and you will not assert any moral rights, such as rights of publication, attribution, modification, or maintaining the integrity of the work, or any other rights against DreamCube in connection with DreamCube's use of user-generated content in accordance with this Agreement.
5.3 Review and Moderation
Except as otherwise provided by law, DreamCube reserves the right, but not the obligation, to review user-generated content. For any user-generated content that violates applicable laws, regulations, relevant policies, or any other inappropriate content, DreamCube has the right to employ technical measures to conceal, delete, or otherwise appropriately address such content. You understand and agree that any actions undertaken, and the user-generated content posted by other users during the use of the products and services, are personal acts of those users. Any statements or viewpoints expressed by these users do not represent the position of DreamCube. We advise you to exercise caution and discernment when encountering potentially illegal, incorrect, deceptive, or other inappropriate content generated by other users during the use of the products and services. While DreamCube retains the right to take legal action against users who violate regulations, under no circumstances shall DreamCube be held liable for any loss or damage caused to you due to the unauthorized actions or inappropriate content posted by other users.
6 User Conduct Guidelines
6.1 General Requirements
When using our products and services, you shall comply with all applicable laws and regulations, adhere to this Agreement, and ensure your behavior is in accordance with accepted standards. You pledge not to engage in any actions contrary to public decency or that harm the legitimate interests of the State, DreamCube, other users, or any third party. Should you breach the terms of this Agreement and cause any loss to DreamCube, you shall bear the corresponding liability for damages.
6.2 Guidelines for the Use of Products and Services
When using DreamCube’s products and services, you must adhere to the following principles:
(1) Comply with all applicable laws and regulations.
(2) Do not use the products and services for any illegal purpose or in any manner beyond the scope of this Agreement.
(3) Abide by all relevant internet protocols, rules, and procedures associated with the products and services.
(4) Do not modify, reverse engineer, decompile, disassemble, copy, distribute, sell, or remove any proprietary notices or copyright information from DreamCube’s website, products, services, or software.
(5) Do not engage in any behavior that could disrupt the normal usage of DreamCube’s online services. This includes, but is not limited to, damaging, attacking, infiltrating servers or causing server overload; cracking or modifying any client software provided by DreamCube; exploiting any software bugs or errors to disrupt normal gameplay or disseminating such defects; and directly or indirectly exploiting bugs (including vulnerabilities or irregularities present in the game system, software, or settings), software flaws for profit or to disrupt game order, or use such bugs and vulnerabilities for personal objectives.
(6) Do not create, use, publish, or distribute any tools or programs that can interfere with the fairness of the game, including but not limited to cheats, packet manipulation, speed hacks, game modifications, or other cheat programs. Do not instruct, encourage others to use such programs, or sell such software for personal or organizational monetary gain.
(7) Do not post or distribute content that violates national laws, compromises national security, undermines national unity, goes against moral values, breaches public decency, tarnishes national honor, discloses state secrets, incites ethnic conflict, promotes religious superstitions, obscene, violence and terror, drug use or gambling, or incites criminal activity.
(8) Do not post or distribute content involving racial discrimination, politically sensitive matters, defamation of national leaders, or that insults, defames, spreads rumors about, verbally abuses, threatens, or in any other way violates the rights of others.
(9) Do not spam advertisements, junk information, or other commercial content or engage in related activities.
(10) Do not use any methods or techniques to attack the servers, routers, switches, or other devices related to DreamCube products and services for the purpose of illegally obtaining or altering unauthorized data, disrupting regular products and services, or any other malicious intent.
(11) Do not take advantage of possible technical defects or vulnerabilities in the online product system to seek benefits for yourself or others in any form or engage in any improper conducts;
(12) Do not use DreamCube' products and services through or with the assistance of third-party software without the permission of DreamCube;
(13) Do not take any action that violates the rules and the fairness of the game;
(14) Do not use any intellectual property rights of DreamCube, or create or provide the same or similar network services, such as simulation servers and private servers without the written permission of DreamCube;
(15) Do not use DreamCube' products and services for any conduct that may adversely affect the normal operation of the Internet or interfere with others' normal use of the products and services provided by DreamCube;
(16) Do not use DreamCube' products and services for other activities that are detrimental to DreamCube;
(17) Resort to the customer service channels designated by DreamCube and other special communication channels for consultation on the services, products and businesses of DreamCube and its business partners, and do not make negative publicity about DreamCube and related services in public;
(18) Notify DreamCube immediately if you learn about any use of user account in violation of laws and the method agreed herein or any security vulnerability of user account;
(19) Agree to cooperate with DreamCube in taking relevant measures, for example, truthfully answer questions related to the use of DreamCube products and services, when the user account is suspected of illegal and irregular conducts such as account theft and cheat, so as to safeguard the legitimate rights and interests of yourself and other users;
(20) Do not obtain virtual items (defined below) in the game by means other than those permitted by DreamCube, like violating the rules for use of the game;
(21) Do not use products and services without authorization, including but not limited to commercial use;
(22) Do not conduct transactions of user accounts or any products and services without the permission of DreamCube, including but not limited to selling, gifting, leasing accounts or products and services, or providing assistance for the aforesaid transactions, acting as transaction intermediaries;
(23) Do not collect virtual items in the game for resale and other purposes, play the game on behalf of others with compensation, or seek benefits by other improper means;
(24) Do not record, livestream or disseminate the content of DreamCube' games to others in any way without the permission of DreamCube, including but not limited to using any third-party software for network livestreaming and dissemination;
(25) Do not involve DreamCube in any sensitive political and public events due to the use of its products and services; and
(26) Do not engage in other widely recognized misconduct in the industry, regardless of whether it has been listed in this Agreement or other applicable terms.
6.3 Handling of Violations
6.3.1 You shall abide by this Agreement, including but not limited to the rules related to products and services published from time to time on DreamCube website, as such rules are an effective part of and have the same effect as this Agreement.
6.3.2 If you commit any violation against the User Conduct Guidelines mentioned in clause 6 or provisions of this Agreement, DreamCube has the right to take any one or more of the following measures at its discretion depending on the nature and extent of such violation:
(1) Give you a warning;
(2) Block the message from your account;
(3) Withdraw the right to use part or all of the virtual items;
(4) Suspend the provision of part or all of the products and services;
(5) Terminate the provision of part or all of the products and services;
(6) Publish the handling results and report to relevant authorities;
(7) Require you to compensate DreamCube for all losses, including but not limited to the compensation made by DreamCube to any third party, and other punishment and additional costs caused thereby; and/or
(8) Call you to account for relevant legal liabilities, including but not limited to restoring the original state and eliminating the impact.
6.4 Investigation and Supervision on User's Conduct
You understand and agree that DreamCube has the right to investigate user's violations and other controversial conducts involved, and deal with them according to specific rules. At the same time, as a user, if you suffer any infringement of rights and interests while using the products and services, or you find that other users may engage in the aforementioned violations, you may report and complain through the specific reporting functions in products and services or the specific channel provided by DreamCube website. We will decide whether to impose punishment on users suspected of violating the rules according to your feedback and DreamCube' investigation results, and decide the specific punishment if needed.
7 Tariff Policy
7.1 Paid Services
DreamCube may charge you a certain fee for products and services when providing them. In this case, DreamCube will give clear instructions on charging information and related tariff criteria, charging methods, purchase methods and other information about tariff policies on certain pages.
7.2 Tariff Adjustment
DreamCube has the right to determine, adjust and modify the tariff policies of products and services provided by it, and may set differentiated tariff criteria and charging methods for different products and services, or depending on the various stages of products and services provided. DreamCube will publish the charging information of products and services, as well as the tariff criteria, charging methods, purchase methods or other information related to tariff policies of such products and services on relevant pages such as product and service release channels and purchase interfaces. We remind you to consult the information and purchase according to your specific needs.
7.3 Pay for Purchase
7.3.1 You may purchase DreamCube' paid products and services according to the tariff policy determined by DreamCube as needed. If you do not purchase the paid products and services provided by DreamCube or do not purchase them in accordance with the tariff policy determined by DreamCube, DreamCube has the right to immediately stop providing or refuse to provide your corresponding paid products and services.
7.3.2 You understand and agree that the paid products and services provided by DreamCube are online virtual items and services, which are non-refundable once paid unless otherwise stipulated by laws and regulations or agreed by DreamCube. You further understand and agree that if DreamCube agrees to refund, the user shall compensate for the expenses incurred by using credit cards, mobile phones and other payment channels for payment, and DreamCube has the right to directly deduct such expenses from the fees to be returned to the user. The top-up amount, virtual items, etc. (if any) given to you by DreamCube in the process of providing products and services are not refundable or realizable under any circumstances.
8 Virtual Items
8.1 Ownership
Subject to the contents and relevant rules of applicable products and services at the appointed time, you may recharge in legal tender through the methods accepted by DreamCube or complete relevant tasks following the page guidelines of related products and services to obtain virtual items provided by DreamCube (like virtual currencies including dragon coin, gold dollar treasure, silver dollar treasure, gold, silver, diamond, gold coin and silver ingot to be used in the games, or virtual props such as game coins, game items, equipment, etc. collectively, the "virtual items"). You fully understand and agree that the virtual items are part of the products and services provided by DreamCube, and DreamCube owns all such items. You have the right to use the virtual items in accordance with laws, this Agreement and game rules.
8.2 Period of Use
You understand and agree that virtual items may be subject to a certain period of use, upon which you will not be able to continue using them. If the period of use is not indicated, it shall be from the date when you obtain the virtual items to the termination date of this Agreement.
8.3 Purchase, Exchange and Transfer
8.3.1 You understand and agree that you shall and shall only purchase, exchange or transfer the right to use virtual items through channels licensed by DreamCube and within the scope permitted by this Agreement and applicable laws. You further understand and agree that virtual items are limited to specific in-game use and shall not be exchanged for cash or other out-of-game property. If you trade virtual items in violation of this clause, including but not limited to trading the game account, character, virtual items and other data related to DreamCube' products and services for real currency or material objects, you shall undertake the legal liabilities incurred thereby on your own. DreamCube has the right to stop providing part or all of the products and services to you, and also the right to freeze, withdraw or delete the game account, character, virtual items and other data involved. Any problems and losses arising therefrom shall be borne by yourself.
8.3.2 You are aware and agree that all transactions of products and services made without DreamCube' permission, including but not limited to any recharge, consumption or other transactions without DreamCube' permission, are serious breaches of contract, and DreamCube has the right not to recognize them. The disputes arising therefrom shall be settled by you and relevant third parties on your own, and DreamCube will assume no responsibility.
9 Test Server and Experience Server
9.1 Test Server
Test server refers to the server that provides products and services to certain users in the announced test stage of DreamCube' products and services (including but not limited to closed beta test and internal test).
9.2 Experience Server
Experience server refers to the server launched by DreamCube in certain products and services to test the stability of the latest version of product system and product content. You may experience the latest products and service contents in the experience server.
9.3 Purpose and Terms of Use
9.3.1 You understand and agree that DreamCube provides test server and experience server only for the purpose of testing and improving products and services, not as the official launch of products and services. The test server and experience server may have compatibility problems or cause damage to the user's computer, data or software. If you choose to use the test server or experience server, you shall only use it for the purpose of testing products and services, and back up all your data in the test server and experience server by yourself.
9.3.2 Once you log in to the test server or experience server, or use the products and services of the test server or experience server, it means that you understand and voluntarily accept the following conditions:
(1) The products and services provided by the test server or experience server are informal versions, which may be different from the official version, and there may also be instability of programs or data loss. DreamCube will not assume any responsibility for this;
(2) DreamCube will maintain the test server and experience server from time to time, and may delete all or part of the data (including but not limited to the characters, EXP values, virtual items and any relevant records and information in the user account) of the test server and experience server as required within the scope permitted by applicable laws, or use such data legally without any liability to you; and
(3) Considering the instability of the test server and experience server, DreamCube has the right to adjust or delete specific products and services provided to users logging in to or using the test server and experience server according to the actual situation, and you agree not to hold DreamCube accountable for that.
10 Protection of Minors and Parental Supervision
10.1 You must be at least the minimum age required for the collection of personal data as stipulated by the laws of your jurisdiction to create a user account (defined below) and to access certain of our services. If you have reached the minimum age for personal data collection in your jurisdiction but are still a minor, this Agreement must be read and accepted on your behalf by your parents or guardians. Parents and guardians are responsible for the actions of their minor children when using our services.
10.2 With the verified consent of the parents or legal guardians, we may allow minors under the minimum age for personal data collection to enroll in for certain services. Parents/legal guardians may be required to provide additional documents or perform additional actions as part of the verification and approval process in order to comply with applicable laws.
11 Change, Suspension or Termination of Services
11.1 Change, Suspension or Termination by DreamCube
Subject to business decisions or policy changes of DreamCube, DreamCube has the right to adjust, suspend or terminate the products and services provided by it at any time according to the actual situation. In such cases, DreamCube will handle the relevant matters in accordance with applicable laws and regulations at the appointed time.
11.2 Suspension or termination due to user's violation
11.2.1 You shall abide by the provisions of this Agreement and relevant laws and regulations, and DreamCube has the right to determine whether the user violates this Agreement according to its own judgment. For users who violate this Agreement, DreamCube has the right to unilaterally suspend or terminate the provision of all or part of the products and services to such users and take any one or more of the following measures:
(1) Block the user account;
(2) Prohibit relevant characters from logging in;
(3) Delete all relevant documents, files and any records in the user account to the maximum extent permitted by applicable laws;
(4) Cancel or withdraw any benefits obtained by the user in the game through violations; and/or
(5) Other measures that DreamCube has the right to take according to this Agreement.
DreamCube will assume no responsibility for any inconvenience and loss caused by the measures above taken by DreamCube. If DreamCube makes a decision to suspend the provision of all or part of the services to the user according to the situation, it will inform the user of the suspension period. Upon expiration of the suspension period, DreamCube will resume the service to the user. However, if the user's default status still exists upon expiration of the suspension period, DreamCube has the right to extend the suspension period with notification to the user.
11.2.2 If one or more accounts under the same user's name violate this Agreement, DreamCube has the right to take the measures agreed in clause 11.2.1 for some or all of the accounts under the user's name according to the actual situation.
11.3 Account Cancellation
11.3.1 Cancellation process
Under the condition of meeting the cancellation conditions, you may cancel your user account in the game according to the account cancellation guidelines in the game. Considering the irreversibility of cancellation and for the protection of your rights, DreamCube has set a cooling-off period of fifteen (15) days for account cancellation, that is, when you apply for account cancellation in a certain game, the cancellation will not take effect immediately. You may still log in and use the game with your user account, but you may not be able to use certain functions in the game during the cooling-off period. You may withdraw this cancellation application at any time during the cooling-off period. With the withdrawal completed, it will be deemed that you have given up this cancellation application and you will continue to log in with the specific account and use the game. If you do not withdraw the cancellation application within fifteen (15) days after applying for cancellation, the cancellation will be completed upon expiry of the cooling-off period. You understand and agree that you shall ensure that the cancellation does not infringe the legitimate rights and interests of any third party; otherwise you shall bear the losses caused to any third party.
11.3.2 Consequences of cancellation
You are aware and agree that when you complete the cancellation of your user account in a certain game:
(1) You will not be able to log in to the game with this user account, and all rights and interests (such as character level, virtual items, etc.) related to the game under this user account will no longer be accessible, attainable, available for use or retrievable;
(2) Unless otherwise agreed by DreamCube, to the maximum extent permitted by applicable laws, the balances, products and services related to the game under your user account and all virtual items that you have not used will not be refunded or compensated;
(3) To the maximum extent permitted by applicable laws, DreamCube has the right to retain your game data and information (including in-game character data and virtual item information) related to the game under the user account;
(4) You may not be able to use the in-game nickname you used before the user account is canceled as it may be taken by other users; and
(5) Your cancellation of a user account in a certain game will not affect the validity of your user account in other games. You may still log in with your user account and use other products and services provided by DreamCube. Unless otherwise specified in this Agreement, your rights and interests in other products and services will not be affected.
11.4 Suspension or Termination Due to Force Majeure and Other Reasons
In case of any of the following circumstances, DreamCube has the right to suspend products and services without assuming any responsibility. However, in such cases, DreamCube promises to use its best commercial efforts to resume products and services as soon as possible:
(1) DreamCube has been implementing necessary maintenance and construction on relevant website servers and product servers, as well as other network equipment and websites related to the products and services provided on a regular basis. Every day's downtime for maintenance is open for inquiry in DreamCube' website and product announcements;
(2) DreamCube, based on its own discretion, has been implementing necessary maintenance and construction on relevant website servers and game servers, as well as other network equipment or websites related to the products and services provided from time to time;
(3) A suspension or termination is needed due to any failure, malfunction, or personnel's improper operation of third party software and hardware such as the telecommunication network and operator system;
(4) DreamCube' network has been hacked, the website data has been tampered with, deleted, forged or fabricated, or there has been conducts that jeopardize the normal operation of DreamCube' computer system;
(5) A suspension or termination is needed in emergency circumstances regulated by law or the circumstances for the personal security of the user and any third party;
(6) A suspension or termination is needed due to the requirements of relevant authorities based on laws or legal procedures;
(7) A suspension or termination is needed due to other provisions based on laws or national policies; or
(8) A suspension of products or services is required due to other force majeure reasons.
11.5 Consequences of Termination
11.5.1 If DreamCube terminates the provision of all products and services to the user, this Agreement shall be terminated at the same time.
11.5.2 You understand and agree that if this Agreement is terminated for any reason, you will no longer be able to use your user account at the appointed time. To the maximum extent permitted by applicable laws, DreamCube has the right to clear the game proceeds in such user account, including but not limited to membership levels, game characters, virtual items that have not been used or expired, and delete all relevant documents, files and any records in the user account. If this Agreement is terminated due to your breach of contract, DreamCube does not need to refund or compensate you for any funds under the user account, virtual items that have not been used or expired and other game proceeds.
11.5.3 You understand and agree that if DreamCube finds out or receives complaints from a third party that you have violated laws and regulations or conducted breaches of contract before the termination of this Agreement, DreamCube will have the right to investigate your corresponding legal liabilities according to law and this Agreement even after the termination of this Agreement.
12 Intellectual Property Rights and Ownership
12.1 Ownership
12.1.1 The copyright, patent right, trademark right, trade secret, other intellectual property rights, ownership and rights of any information, data and technologies (including relevant software) related to the products and services provided by DreamCube shall be the property of DreamCube or the legit obligees. Unless legally authorized in writing by DreamCube or the legit obligees in advance, or otherwise expressly stipulated by law, users are not allowed to use, reproduce, disseminate, forge, imitate, modify, adapt, translate, compile, publish, or conduct reverse engineering like decompiling and disassembling on any content in any form without authorization. The content may be involved includes but is not limited to software, codes, technical information, arts, music and materials. If the user fails to comply with the provisions of this clause, DreamCube may immediately terminate the provision of any products and services to the user, investigate its liability for breach of contract or infringement according to law, and require the user to compensate DreamCube for all losses. In addition, the user must destroy all aforementioned contents that have been obtained as required by DreamCube.
12.1.2 DreamCube reserves the right to dispose of the products, services and contents of which DreamCube has intellectual property rights and ownership or that DreamCube is authorized to use in any way at any time, including but not limited to disposal by modifying, transferring, licensing, re-licensing or other methods permitted by any laws and regulations.
12.2 Third-party Services
Your use of products and services may involve the use of functions, software or services developed and operated by a third party. In addition to complying with relevant provisions of this Agreement, you shall also abide by relevant regulations of third parties and respect the rights of third-party obligees related to their functions, software, services and contents contained therein. You shall earnestly protect the intellectual property rights of third parties and shall not infringe upon the relevant legitimate rights and interests of others. In case of any infringement, you shall undertake corresponding responsibilities by yourself, and DreamCube has the right to claim compensation from you for losses caused thereby.
13 Data Information
13.1 Data Storage and Processing
13.1.1 In order to provide you with better products and services, DreamCube has the right to store and process the personal information data, game data, interactive data, login information, operation information, maintenance logs and other data generated during your use of the products and services according to law. As for your personal information, DreamCube will abide by applicable laws and privacy policies. In order to improve the performance of products and services, DreamCube has the right to clear historical data beyond the legal retention period and scope at its discretion, and users shall back up relevant data by themselves.
13.1.2 Unless otherwise provided by law, all data (including but not limited to virtual items) on all servers provided by DreamCube shall be DreamCube' property and DreamCube shall be entitled to the corresponding use benefits.
13.1.3 To ensure accuracy and avoid disputes, the user agrees that the data stored in DreamCube' servers shall be used as the judgment standard for relevant technical data and information involved in this Agreement. DreamCube ensures the authenticity of the data.
13.1.4 You understand and agree that DreamCube has the right to restore the server data to a certain time point in case of server data exception (including data exception caused by program bugs), for which DreamCube will not assume any responsibility.
13.2 Use of Data
In order to optimize products and services, DreamCube has the right to reasonably use, by itself or in cooperation with a third party, the data generated during your use of the products and services under the condition of complying with laws.
14 Limitation of Liability
14.1 No Express, Implicit or Implied Warranty
To the maximum extent permitted by law, DreamCube does not provide any warranty, express or implied, including but not limited to any warranties and responsibilities of merchantability, fitness for purpose, reliability, accuracy, completeness, virus-free and error-free. DreamCube does not guarantee that the products and services provided by DreamCube will meet your requirements or will not be suspended, nor does it guarantee the timeliness, safety and freedom from interference of products and services, as well as whether information will be accurately, timely and smoothly transmitted.
14.2 Exemption from Liability for Force Majeure and Other Reasons
For suspension of products and services, loss of data or short messages sent by users, garbled codes, wrong reception, reception failure, delayed reception, game retracement, deletion of game characters, loss of virtual items or property, and other user losses, risks and delays in providing relevant products and services by DreamCube caused by unforeseeable, uncontrollable and inevitable objective events of either party (including but not limited to government actions, promulgation of national laws and regulations or new decrees of regulatory authorities, policy changes, failures of domestic and overseas basic telecommunication operator and mobile communication networks, various technical defects, coverage restrictions, computer viruses, and hacker attacks, collectively referred to as "force majeure"), user factors such as user location, user shutdown, personal errors, wrong or improper operations, partner factors, intentional or negligent acts of others, and other reasons beyond the scope of DreamCube' competency, DreamCube will assume no responsibility, and you agree not to hold DreamCube accountable for that.
14.3 Exemption from Liability for Consequential Damages
To the maximum extent permitted by applicable laws, DreamCube shall not be liable for any indirect or punitive damages or requests (including but not limited to damages caused by breach of contract, infringement, personal injury, disclosure of privacy, failure to perform any responsibility including good faith and reasonable care, negligence and any pecuniary loss or other losses) arising from users' use of or anyhow in connection with DreamCube' products and services.
14.4 Exemption from Liability Involving Third Party
The specific products and services may be provided to you by DreamCube through cooperation with a third party. To the maximum extent permitted by applicable laws, the losses caused to you due to such third-party services shall be settled through negotiation between you and the third party, and DreamCube will not assume any responsibility.
14.5 Cap on Compensation
To the maximum extent permitted by applicable law, the cumulative legal liability of DreamCube and its affiliates arising out of or in connection with this Agreement or DreamCube' products or services shall not exceed one hundred dollars ($100 USD).
15 Protection of User Information
15.1 Protection of Personal Information
DreamCube attaches great importance to the protection of your personal information and will take reasonable measures to ensure the security of your personal information. Please refer to the Privacy Policy for details on how DreamCube will collect, use, store, share and protect your personal information. By agreeing to this Agreement, you agree to authorize DreamCube to collect, use, store, share and protect your personal information within the scope permitted by applicable laws in accordance with the requirements of the Privacy Policy.
15.2 Disclosures
Unless otherwise specified in the Privacy Policy, DreamCube will not disclose your personal information and non-personal information to any company, organization or individual without your consent, except for the following circumstances:
(1) The information is provided at the request of judicial organs, arbitration institutions or administrative authorities through legal procedures;
(2) A lawsuit or arbitration is filed against you to safeguard the legitimate rights and interests of DreamCube;
(3) The information is provided at the request of your guardian; or
(4) Other circumstances for which the information shall be disclosed according to laws and regulations exist.
15.3 Commercial Information
You agree to accept promotional information and other commercial information of products and services sent by DreamCube to you through text messages/emails. When you decide that you no longer need to receive such commercial information, you may follow the relevant guidelines to unsubscribe from SMS/email notifications.
16 Legal Liability
You agree to protect and safeguard the interests of DreamCube and other users. If you cause losses to DreamCube or any other third party due to your violation of relevant laws, regulations or any terms hereunder, you agree to take all legal liabilities arising therefrom and compensate for corresponding losses, including but not limited to attorney fees, arbitration fees, litigation costs, notarial fees, preservation insurance premiums paid by DreamCube and its affiliates, agents, employees, partners, etc. to safeguard their legitimate rights and interests.
17 Miscellaneous
17.1 Severability
If any provision of this Agreement is or becomes invalid or unenforceable in whole or in part for any reason whatsoever, the remaining provisions of this Agreement shall remain valid and binding on the Parties.
17.2 Headings
The headings in this Agreement are for convenience only and do not affect or limit the meaning or interpretation of the provisions. In order to protect your rights and interests, you shall carefully review the specific expressions of each provision. If you have any questions about this Agreement, please contact DreamCube for customer service consultation at poc_service@dreamcubegame.com.
17.3 Notices
All notices sent to you under this Agreement may be made by announcement on important pages, emails or regular communications, mobile phone SMS, DreamCube client message push, etc. Such notices shall be deemed as delivered to the recipient on the date of sending. The contact information you provide to DreamCube may be used as your valid judicial address for service of justice and arbitration proceedings. Your notice to DreamCube may be sent through the designated channel published by DreamCube.
17.4 Validity
This Agreement shall come into effect when you check "Consent" or begin to use DreamCube products and services.
Annex 1 Governing Law & Dispute Resolution
A. Governing Law & Dispute Resolution (United States of America)
IF YOU ARE A CITIZEN OR HABITUAL RESIDENT OF THE UNITED STATES OF AMERICA, THIS SECTION A APPLIES TO YOUR USE OF THE SERVICES AND OVERRIDES ANY TERMS OF THIS AGREEMENT THAT CONFLICT WITH THIS SECTION A TO THE EXTENT OF SUCH CONFLICT.
(a) Informal Process First
You agree that in the event of any dispute between you and the DreamCube, you will first contact DreamCube and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
(b) Arbitration Agreement and Class Action Waiver
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of DreamCube's services and/or products, including the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and DreamCube agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards (together, the "JAMS Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of this Agreement). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. You have a right to have the arbitration conducted via telephone, or as an in-person hearing in your hometown area (if you live in the United States) or another location that is reasonably convenient to you.
(c) Waiver of Class Actions and Class Arbitrations
You and DreamCube agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party's claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and DreamCube agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.
(d) Costs of Arbitration
Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, DreamCube will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
(e) Opt-Out
You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in this Agreement by sending written notice of your decision to opt-out to poc_service@dreamcubegame.com. The notice must be sent to DreamCube within thirty (30) days of your registering to use the Services or agreeing to this Agreement (or if this Section A is amended hereafter, within thirty (30) days of such amendment being effective), otherwise you shall be bound to arbitrate disputes in accordance with this Agreement, and the notice must specify your name and mailing address. If you opt-out of these arbitration provisions, DreamCube also will not be bound by them.
(f) Exceptions
Notwithstanding anything in this Agreement to the contrary, you may instead assert your Claim in "small claims" court, but only if your Claim qualifies, your Claim remains only in such court, and your Claim remains on an individual, non-representative and non-class basis. Further, you and DreamCube will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, or if the Claim relates to intellectual property infringement or misappropriation.
(g) Governing Law and Venue
This Agreement are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in this Section A, or if arbitration does not apply, then the state and federal courts located in Los Angeles County, California. You and DreamCube agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of this Agreement.
B. Governing Law & Dispute Resolution (Rest of World)
THIS SECTION APPLIES TO ALL CONSUMERS AND PERSONS WHO ACCEPTED THE TERMS OF THIS AGREEMENT, EXCLUDING CONSUMERS AND PERSONS WHO ARE CITIZENS OR HABITUAL RESIDENTS OF THE UNITED STATES OF AMERICA.
Please read this section carefully. It affects your rights, including your right to file a lawsuit in court.
(a) Governing Law
This Agreement shall be governed by and construed under the laws of Singapore excluding its conflict of law principles.
(b) Binding Individual Arbitration
You agree and acknowledge that any claims or legal actions between you and DREAMCUBE shall be referred to Singapore International Arbitration Centre ("SIAC") for arbitration which shall be conducted in accordance with SIAC’s arbitration rules. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Singapore. You hereby consent to and waive all defenses of lack of personal jurisdiction and/or forum non conveniens with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
(c) Informal Resolution
You agree that in the event of any dispute, DREAMCUBE and you shall first attempt to resolve any such dispute informally for a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the dispute, and set for the relief sought. The Written Notice of Dispute shall be sent to poc_service@dreamcubegame.com.
In the event that any such dispute cannot be resolved informally, you agree that the dispute, including any question regarding the arbitrability of the dispute, shall be finally and exclusively resolved by binding arbitration in accordance with clause B(b) above.
(d) Class Action Waiver
You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Furthermore, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then this clause B(d) shall be null and void.
DREAMCUBE PRIVACY POLICIES
DreamCube Privacy Policies ("Privacy Policies") disclose how DREAM CUBE GAMES LIMITED and affiliates thereof (hereinafter collectively referred to as "DreamCube") collect, store, use and process personal data of users (users registering accounts and using services of the DreamCube). Please carefully read the Privacy Policies and ensure that you have learnt about all contents of the Privacy Policies.
You must be at least the minimum age for consenting to personal data collection under the law in your jurisdiction in order to create a user account (defined below) and to access certain of our services. If you have reached the minimum age for personal data collection in your jurisdiction but are still a minor, the Privacy Policies must be read and accepted on your behalf by your parents or guardians. Parents and guardians are responsible for the actions of their minor children when using our services.
If you are a parent or legal guardian of a minor in your country, please make sure that you have read this Privacy Policy before allowing your children to create their own accounts or to use the Services. You agree that you will be subject to this Privacy Policy and be responsible for your children’s activities while using the DreamCube Services. You agree to supervise your children’s use of the DreamCube Services and make sure that your children only view the contents that are age appropriate to your children.
When you register an account of DreamCube or provide your personal data for DreamCube, it will be deemed that you have read, understood and agreed to accept the Privacy Policies and the collection, use, obtaining, transfer, storage and processing of your personal data specified in the Privacy Policies.
1. Endeavor to guarantee your personal privacy
DreamCube undertakes that DreamCube endeavors to guarantee the security of your personal privacy and materials. With the view of ensuring that users can make a proper choice, and provides personal data on the website, mobile communication tools and other services of DreamCube trustingly, DreamCube hereby summarizes conventions of DreamCube on materials collected and used by the DreamCube, and methods that uses may choose for collection and processing of personal data.
2. Who will collect your personal information
Within the maximum scope allowed by applicable laws, save as otherwise stated, the information provided by users in the process of using the products and services provided by DreamCube will be shared by DreamCube and affiliates, licensors and licensees thereof (including but not limited to DREAM CUBE GAMES LIMITED as well as affiliates, licensors and licensees thereof) (such companies may not be located at the first information collection place).
The Privacy Policies shall apply to the website of the DreamCube, services and products collecting and indicating such provisions, but shall not apply to the websites, services and products not indicating or not linked with the Privacy Policies or with their own privacy policies.
3. What information of you will be collected by DreamCube
Within special website scope and the special scope of relevant mobile services and other information transmission channels, DreamCube will require you to provide data to identify the personal identity of users ("personal information" or "personal data"), including but not limited to the following:
(1) your personal data, such as your name, gender, date of birth, and passport number or the number of other certificate with user identity identifiable, as well as the data on you registering as a member of any associated company, subsidiary and/or other business partner of DreamCube;
(2) your contact data, such as contact phone or mobile phone number, correspondence address, postcode, e-mail address and fax number;
(3) your office materials, such as company name, position and relevant contact information;
(4) your personal consumption data, such as records on recharge channels you use, recharge amount, recharge time as well as virtual coins you exchange;
(5) materials provided by you for the Company or for any market survey and match organized by the Company.
Within the scope of special services, DreamCube will require you to provide personal data (especially data on yourself and contact information). If you fail to provide designated personal data needed within the scope of individual services, DreamCube may be unable to provide all services you need.
4. How will DreamCube collect your personal information
The collection of information by DreamCube is aimed to provide better services for all users. Such information includes some basic information (e.g. the language you use) and complicated information (e.g. your game-playing preferences).
DreamCube will collect the information in the following two ways:
(1) The information is provided by users for DreamCube. You need to register an account of the DreamCube before using services of the DreamCube. When you register an account of the DreamCube, DreamCube will require you to provide personal information, e.g. your name, e-mail address, phone number or credit card number. If you want to make full use of all sharing functions provided by the DreamCube, you may need to create the personal information publicly presented on the DreamCube, including your name and photo.
(2) DreamCube will obtain the information when you use services. DreamCube will collect the information on services used by you and use methods, for example, when you visit and/or use our recharge webpage, or when you see our advertisement and contents and interact with them. Such information includes:
● Log information
When you are using our services or seeing contents provided by the DreamCube, we may automatically collect some information and store it into server log. Such information includes:
(1) IP address;
(2) cookie uniquely marking your browser or account of the DreamCube.
● Cookie and anonymous identifier
When you are using services of the DreamCube, we will use various technologies to collect and store information, and may send one or several cookie(s) or anonymous identifier(s) to your equipment. When you are interacting with services that we provide for any partner (such as advertising services or the DreamCube presented on any other website), we will use the cookie and anonymous identifier.
5. Use cookies on the DreamCube
Cookies are identification archives of a series of letters and characters, and are Cookies archives used by the DreamCube to store browser in your computer hard disk. When you use cookies to browse webpages of DreamCube, personalized services will be provided and/or personal data will be retained in one or several link(s) on one or several webpage(s). Most browsers automatically accept cookies, but you may change options and intercept relevant archives according to individual demands.
● The website of the DreamCube uses two types of cookies:
(1) Temporary cookie: is the cookie archive temporarily stored in your browser until you log off of the DreamCube
(2) Persistent cookie: is the cookie archive stored in your browser for a long time.
● Stop/Start cookies
All browsers of Version 4.0 or above set the function of "Screen cookies" in respect of privacy setting. By adjusting your browser settings, you will have the right to receive or refuse cookies. However, if you fully refuse cookies, you may be unable to log on the DreamCube websites or use services or functions dependent on cookies on the saidwebsites.
Most browsers automatically accept cookies, but you may change browser options and intercept relevant cookies according to individual demands. You need to set a browser on each device you use to surf the Internet. If you use several browsers (e.g. Safari, Internet Explorer, Firefox and Google Chrome), you shall repeat the aforesaid operation one by one. Similarly, if you link to the website from several devices (e.g. work computer and home computer), you will need to set a browser on each device.
At present, DreamCube will only use cookies within the scope specified above (within the scope of the Privacy Policies), but DreamCube will use new cookies according to demands so as to provide you with better website services. Then, such changes will be set out in the privacy policies updated.
6. How to ensure the accuracy of personal information collected by DreamCube.
DreamCube will take all reasonable and feasible steps to ensure the accuracy of the personal data of users collected. For example, all accounts of the DreamCube support the function of "e-mail account identification", and will send a verification e-mail to the e-mail address provided by users. In consideration of your account security, DreamCube strongly suggests users to use the said function to confirm that relevant address has been input correctly.
7. How will DreamCube use your personal information
DreamCube may use the personal data provided by you in any of the following circumstances:
(1) dealing with and managing services for your recharging, or purchasing or exchanging props and other articles via the DreamCube;
(2) completing online services provided by you via the DreamCube and/or customer services (including online customer self-service system, customer call services and customer service e-mail);
(3) DreamCube providing actively or according to your demands the latest information on products and/or services of DreamCube, including prompts of on-site e-mails and SMS;
(4) using the personal data for market promotion, publicity and customer management, for example, providing users with the information on the latest special offer and promotion activities of products and services of DreamCube as well as making market researches;
(5) confirming and verifying your identity before providing any services and products for customers;
(6) replying to your inquiry;
(7) facilitating DreamCube or subsidiaries, associated companies and/or other business partners thereof charging product and service fees, including verifying credit card data with a third-party institution and verifying the personal data provided by users with the fraud affair database of the Company or any third-party institution;
(8) meeting requirements of rules or laws to disclose materials to any third party;
(9) improving transaction security, including verifying the personal data provided by users with the fraud affair database of the Company or any third-party institution to prevent risks of credit card frauds;
(10) providing user data for associated companies, subsidiaries and or other business partners of DreamCube so that relevant companies and institutions can deal with the aforesaid work or provide relevant services for you;
(11) using unidentifiable data of users from time to time to design a better website for you and/or improve products and services of DreamCube. DreamCube may also disclose such data, which are unable to identify any individual identity, to any third party.
Except the aforesaid purposes, without prior agreement of users, DreamCube will not knowingly or intentionally use or share the personal data provided by you on the website for any purpose out of the scope of the aforesaid uses of disclosure.
Please note that in any of aforesaid circumstances, data provided by you may be transferred to Mainland China for process, duplicate, use and you hereby consent to such transfer, process, duplication, use. Without your prior agreement, DreamCube will not disclose your personal data to any third party for the purpose of market promotion.
8. Information publicity and presentation
The DreamCube provides users with interaction setting options of issue of member data. You may independently make choices according to your demands on the webpage of option settings, and set whether to make public your name, e-mail address, gender, date of birth, correspondence address, work unit, graduate university and other data; when you finish the registration of an account of the DreamCube, your nickname, gender, location, situation of games played and personal signature will be pre-set as open, and other individual identification data will be set by you as open or not after you fill in them.
Owing to different service contents, your head portrait, nickname, location, the game played recently and other public information may be made public or presented at the home page, official game websites and social websites of the DreamCube.
9. How to obtain or change personal data
You may require obtaining and changing your personal data collected by DreamCube. If you intend to obtain the copy of your personal data, or you believe that your personal data collected or managed by DreamCube are inaccurate, or your personal data held by DreamCube are used out of the scope of the aforesaid uses disclosed or are obtained in a fraudulent or illegal way or are provided for any third party without your prior agreement, please contact our customer service staff through e-mail: poc_service@dreamcubegame.com.
DreamCube may charge reasonable fees for data required to be disposed of.
10. Interlinkage to other websites
The website of the DreamCube contains the interlinkages to other websites operated by third parties, and each linked website has different privacy policies. When a user logs off of the website of DreamCube and logs on any other website, the user shall keep alert continuously, and read the statement on privacy policies of the said website. DreamCube will not monitor any personal data transmitted by any user to any third-party website or received from any third-party website. DreamCube will not be liable for any interlinkages and their contents.
Please note that DreamCube cannot control behaviors of any third-party company sharing data of DreamCube, and DreamCube cannot ensure that such third-party company can adopt privacy protection and security policies the same as those of DreamCube. DreamCube will not be liable for behaviors of any third party companies.
Please note that some advertising agencies or websites have or contain an interlinkage to the website, and may collect the private information of users. Please remember well that the Privacy Policies do not apply to or control behaviors of any third-party advertising agency or website. DreamCube will not be liable for behaviors of any third-party advertising agency or contents of their websites.
11. Protection of privacy right of children
DreamCube emphasizes the security and protection of collection and use of personal information of children. Once you state your child status, DreamCube will not collect or save any of your identifiable information, such as your name, address or phone number. Meanwhile, DreamCube will not share the personal data of children with any third party, or deliberately send any e-mail about direct business promotion for any user having stated child status.
DreamCube suggests that a child should seek opinions, guidance and consent of his parent or statutory guardian before taking part in any online activity or providing personal data.
12. Endeavor to keep personal data confidential
In order to ensure the personal data collected are accurate, prevent unauthorized use or gain of the personal data and ensure correct use of the personal data, DreamCube has taken proper hardware, technical and administrative measures to protect the personal data collected by DreamCube.
For example, DreamCube has adopted industrial standard encrypted information channel – SSL on the Internet, in a bid to guarantee the security of the personal data collected in the process of transmission on the Internet. When you input any sensitive data, for example, credit card data, such data will be automatically converted into passwords before transmission to the Internet to prevent data loss. All electronic personal data saved by DreamCube are safely stored and further protected by proper consultation and monitoring of DreamCube. In disposing of the personal data, documents containing the personal data may be safely destroyed, and electronic archives containing the personal data will be deleted permanently.
Additionally, with the view of protecting some personal data better, you cannot enter into some scope of the DreamCube or manual service channel, unless you provide confirmed and verified personal identity data, such as your account of the DreamCube and password, or log on the by your user account number and password.
As mentioned above, in some situations, DreamCube may transfer your personal data to third-party service providers (including service suppliers out of the judicial jurisdiction you belong to) for custody or storage, and stipulate that they shall keep the personal data confidential and can only use them for purposes designated by DreamCube.
13. Disclosure and transfer of personal data
The group that DreamCube belongs to is an international group, with operation institutions, offices, affiliates and business partners distributed internationally. Therefore, as specified in the Privacy Policies, the personal data submitted by you to DreamCube in a country may be transmitted, used, processed, stored and consulted in the whole country or several other countries.
DreamCube may disclose and transfer the personal data of users to any associated companies, subsidiaries, business partners and service suppliers of DreamCube as well as other persons DreamCube deems appropriate as for services and products required by you or provided for you (no matter whether in or out of the judicial jurisdiction you belong to). DreamCube may disclose such data or use them for purposes specified in Article 7 so as to effectively transmit the information on relevant services and products to users.
13.1 Institutions with which DreamCube may share your personal data include but not limited to:
(1) the group which DreamCube belongs to and affiliates of DreamCube;
(2) any agents, contractors or third-party service suppliers which provide DreamCube with administrative, promotion and research, distribution, data processing, phone promotion, telecommunications, computer, payment or other services for operations of business of DreamCube;
(3) other business partners, for example, other companies participating in the provision of customer services or fulfilment of customer requirements;
(4) credit data service institutions;
(5) credit card, deduction card and/or rate card companies and/or banks
(6) governmental or non-governmental institutions, agency institutions and/or regulating institutions.
13.2 Within the scope permitted by applicable laws, DreamCube may disclose the personal data of users to any third party in any of the following situations:
(1) required by laws or any court order or responding to any search warrant or any other legally valid inquiry;
(2) disclosing the personal data to any organ of survey;
(3) executing any agreement between DreamCube and users;
(4) required by any judicial authority or administrative authority based on legal procedures;
(5) explicitly agreed by you;
(6) DreamCube believing that disclosure is stipulated by laws or it is necessary to disclose the personal data in any other respect in order to establish legal claim or plea, in order to obtain legal opinions, exercise and defend legal rights of DreamCube, guarantee property rights or interests of DreamCube or associated companies and subsidiary affiliates or guarantee the life, body or properties of some person. If DreamCube believes on a reasonable ground that relevant personal data can confirm, contact or accuse any person damaging property rights and any other interests of the Company intentionally or in any other respect, or any person may suffer damages because of that, DreamCube will disclose such personal data.
If DreamCube decides to sell, license or outsource some product or service to any third party, DreamCube will transfer the personal information of users to the third party at the same time, so that users can continuously obtain services of and information on the said product, which may minimize the influence on users. In similar situations such as merger, acquisition, restructuring and bankruptcy of the Company, any data of relevant users held by DreamCube will be transferred as assets to a successor of DreamCube or a designated party. The users hereby consent to the aforesaid transfer, process, duplicate, use or disclosure.
Please note the personal data collected or obtained by DreamCube may be transferred to the judicial jurisdiction with the guarantee for the personal data provided less than that of the judicial jurisdiction you belong to. Users' submission of the personal data for DreamCube or use of any website of DreamCube means that they understand and agree about the aforesaid transfer, process, duplicate, use or disclosure.
14. Revision of the Privacy Policies
DreamCube will post any revision of the Privacy Policies together with effective data of revised policies on relevant webpages of the DreamCube , so that you can know at any time how DreamCube collects and uses your personal data. If DreamCube decides in any situation to use your personal data in a way greatly different from that stipulated in the Privacy Policies applicable when you submit your personal data according to prevailing policies, you will receive a notice and have an opportunity to select withdrawal or reject DreamCube' use of relevant data through the website or an e-mail or in writing.
DreamCube shall have the right to publish contents of the Privacy Policies slightly amended or altered on the DreamCube at any time. After DreamCube publishes the aforesaid amendment or alteration on the DreamCube , such updated contents shall take effect immediately. You are suggested to note such amendment and alteration. If contents of the revised version have any substantial change, DreamCube will issue update information on the DreamCube 30 days in advance. Upon expiry of the period of 30 days, the DreamCube will officially implement the Privacy Policies after update. If you continuously use products or services provided by the DreamCube , you will be deemed as you have read, learnt about and agreed about all amendments.
15. Your choice
At any time, you have the ultimate decision-making right and control right for the personal data stored by DreamCube as well as the information obtained from DreamCube. DreamCube will occasionally send e-mails on the latest products and services of DreamCube or other publicity or promotion e-mails, or notify you of the latest preferences for some online services ordered by you. When DreamCube sends a publicity and promotion e-mail to you, DreamCube will grant you an opportunity to choose whether to receive such e-mail in future.
If you decide not to receive the latest publicity or promotion e-mail sent by DreamCube, you may change your requirements according to instructions on withdrawal choice in the e-mail or by contacting the customer service employee of DreamCube.
16. Data controller
The personal data provided for or collected by DreamCube are mainly monitored by DreamCube.
17. Data retention
All personal data collected from you will be only stored in a limited period relating to processing purposes and stipulated by applicable laws.
18. Disclaimer
DreamCube is not liable for any of the following matters:
(1) the leakage of any personal information caused by any user notifying his account of the DreamCube and password to others or enjoying his registered account with others, or the leakage of the personal information caused not for the reason of DreamCube;
(2) any dispute between a user and a third party, who uses the personal information of the user in any circumstance set out in the DreamCube User Agreement and the DreamCube Privacy Policies;
(3) any consequence incurred by force majeure affecting normal browse of networks such as a computer system problem of a user, hacker attack, intrusion or breakout of a computer virus, and temporary website closure due to government regulation, including but not limited to the leakage, loss, theft or alteration of the personal information of the user;
(4) any consequence incurred by force majeure;
(5) the leakage of user information in any circumstance set out in Paragraph 13.2 above.