1. Acceptance of and Modifications to Service Terms
This Agreement is entered into by and among the players of the Art of Conquest (hereinafter referred to as “Players”) and Shanghai Lilith Network Technology Co., Ltd. (hereinafter referred to as “Lilith Games”) with respect to the use of the automatically authorized subscription renewal fees deduction service performed by Lilith Games (hereinafter referred to as “The Service”), which describes the rights and obligations of players and Lilith Games with respect to the use of the service and other matters. “Players” shall refer to the individuals or entities who receive the subscription service from Lilith Games. This Agreement shall constitute the conditions precedent for players’ (whether individuals or entities) use of the service provided by Lilith Games. Players shall have no right to use the service unless they have accepted the terms of this Agreement, and it shall be deemed that the players have agreed to be bound by the terms of this Agreement if they choose to use the service.
2. Description of Services
2.1 In order to satisfy players’ demands for automatic subscription renewal fees deduction, the service is performed with a view to avoiding losses caused by the failure of players to pay renewal fees in time due to negligence or for other reasons to the extent that players have applied for the service. Players irrevocably authorize Lilith Games to deduct the fees for the next billing period on their behalf from the balance of the players’ re-charge accounts, and third-party payment accounts, bank cards and communication accounts which are bound up with the accounts of the players (hereinafter referred to as “Accounts”) prior to the imminent expiration of the valid period for the players, provided that players have bound their accounts opened with Lilith Games with the aforesaid accounts from which charges may be successfully deducted.
2.2 “Automatic Subscription Renewal Fees Deduction” shall mean a deduction method by which Lilith Games charges players the fees for the next billing period from the aforesaid accounts based on the premise set forth in Article 2.1, players are required to ensure that Lilith Games may successfully deduct the fees from the aforesaid accounts and shall be solely responsible for the failure of renewal due to inadequate and deductible balance of the aforesaid accounts.
2.3 While enjoying the service, players shall be bound by the Game License and Service Agreement for Lilith Games and use of the service by players shall be deemed that they agree on the service terms hereof and public notices sent by Lilith Games with respect to the service.
2.4 The service performed by Lilith Games for players shall only be used by players on the platforms of Lilith Games, and any separation of the contents of the service performed by Lilith Games from the platforms thereof by illegal means, such as malicious cracking, etc. shall not be part of the service as agreed to herein. All the legal consequences arising therefrom shall be borne by the responsible parties and Lilith Games will investigate the legal responsibilities on the part of the responsible parties by operation of the law.
3. Rights and Obligations of the Parties
3.1 Lilith Games shall be responsible for providing players with access to the detailed information on charges pertinent to automatic subscription renewal fees deductions, instead of printing the relevant invoices and forwarding the same to players.
3.2 Lilith Games shall deduct the fees for the next billing period from the aforesaid accounts of the players on the current day and put the payment information of the players on record, with a corresponding extension of the validity period for players.
3.3 In case of errors in the process of deducting the fees, Lilith Games shall collaborate closely with the players on identification of the causes and respectively assume the losses caused through their own fault; if losses are caused through unequal fault of the parties, they shall bear the corresponding responsibilities in light of the degree of their fault; and the parties shall evenly share the responsibilities in case of joint and several liabilities.
3.4 Lilith Games may change or modify the relevant service contents, rules and terms of this Agreement based on its business development or technology upgrades, etc. It shall publish the contents to be modified on its relevant webpages prior to the aforesaid changes or modifications, without separately sending notices to individuals. If players disagree on the modifications hereto, it may cancel and suspend the use of services which has already become available to them; if they continue to use the service provided by Lilith Games, it shall be deemed that the players have accepted all the modifications to this Agreement.
3.5 Players shall decide whether or not to cancel the service at their own discretion, if they choose not to cancel the same, it shall be deemed that players agree with Lilith Games on attempts to deduct fees on a irregular basis according to certain rules, once the fees are successfully deducted, Lilith Games will provide players with the value-added services for the next billing period.
3.6 If prices for the value-added services are adjusted by Lilith Games at the time of/prior to the automatic subscription renewal fees deduction, the currently valid prices shall prevail.
3.7 Although the service is provided to players by Lilith Games free of charge, Lilith Games is entitled to decide whether or not to charge for the service or adjust the automatic subscription renewal fees deduction period and fees by taking into account business needs or changes to market conditions, etc., and make the relevant information publicly available on the webpages to the players.
4. Term and Termination of this Agreement
4.1 This Agreement shall come into effect after players choose to accept or use the service and remain valid until the players terminate the service or cancel their qualifications.
4.2 Players shall have the right to choose to terminate the service by setting their accounts at any time, and Lilith Games will cease to provide the service to players upon the termination of the service.
4.3 The instructions by which players automatically authorize Lilith Games to deduct the subscription renewal fees before they choose to terminate the service shall remain valid. Lilith Games will not refund charges deducted following such instructions with the relevant responsibilities being borne by the players.
5. Liability for Breach of This Contract
If either party violates this Agreement, the non-breaching party shall have the right to claim compensation by way of dispute resolution agreed to by the parties.
6. Dispute Resolution and Governing Law
Disputes arising out of performing this Agreement shall be resolved by Lilith Games and players through friendly consultation. If no settlement can be reached through consultation, either party shall have the right to refer the disputes to the People’s court in Minhang District, Shanghai for litigation. The relevant matters such as the interpretation, validity and performance of this Agreement shall be governed by the laws of the People’s Republic of China.
Shanghai Lilith Network Technology Co., Ltd.
5. 违约责任 如果一方违约，守约方有权通过双方约定的争议解决方式获得补偿。
6. 争议解决和法律适用 莉莉丝与玩家应通过友好协商解决本协议履行过程中产生的争议，经协商无法解决的，任何一方均有权将争议提交至上海市闵行区人民法院诉讼解决。本协议的解释、效力和执行等有关问题均适用中华人民共和国法律。