Hot issues Jiuyou Infringement Complaint Guidelines
Jiuyou is committed to providing a publishing platform for third-party game applications. As a neutral platform service provider, Jiuyou has been working hard to establish a fair, just and open open platform for its partners and game developers.
In view of the large number of third-party applications in Jiuyou, in order to establish a good platform order and fully protect the legitimate rights and interests of the majority of partners and game rights holders, Jiuyou has specially formulated this Complaint Rights Protection Entrance and Operation Guide in accordance with relevant laws and regulations. Welcome to use it.
1. Complaint description
If the obligee believes that the content or service provided by a third party in Jiuyou infringes its legitimate rights and interests, please submit relevant materials to complain according to the following requirements and notify Jiuyou.
2. Notification method
If the obligee complains to Jiuyou, it shall provide a written notice signed and sealed by the obligee and a scanned copy of relevant supporting documents, and send it to aligames-tousu@alibaba-inc.com Mailbox.
(For the problem of duplicate name of the game, please go Duplicate name appeal process , infringement complaints will not be accepted)
3. Notice content
The written notice provided by the obligee to Jiuyou shall include but not limited to the following contents:
1) Subject information and identity certificate of obligee
Name, contact information, address and relevant identity documents of the obligee, including:
◆ If the obligee is an enterprise legal person, please provide the scanned copy of the duplicate of the business license;
◆ If the obligee is a natural person, please provide the scanned copy of the natural person's ID card/passport/driver's license;
◆ If the obligee is the entrusted agent, please provide the identity certificates of the trustor and the trustee and the scanned copy of the power of attorney.
2) Claims of obligee
The obligee needs to explicitly request to delete or disconnect the exact name and network address of the linked content or service.
3) Preliminary evidence of infringement
The preliminary certification materials shall include two copies:
◆ Proof of rights of obligee
The proof of rights should be based on the infringement claims and provide corresponding proof of rights according to different claims.
The right certificate shall correspondingly include, but not be limited to, the copyright certificate, trademark certificate, patent certificate, proof materials of the first public publication or release date of the work, creative manuscript and other valid ownership certificates issued by relevant institutions that can prove that the obligee has relevant rights; If the authorization is obtained, the obligee shall also provide complete authorization documents.
◆ Proof of infringement by the complained party
The complaint documents must include the comparative proof and relevant explanation of the infringement of the contents or services provided by the respondent.
explain
1) The supporting documents and materials provided by the obligee must be signed and sealed by the obligee; If the materials are foreign-related, they shall be notarized and forwarded in accordance with the provisions of laws and regulations, and corresponding notarized courier materials and information shall be provided at the same time;
2) If the obligee has filed a complaint with the relevant government department or filed a lawsuit with the court according to the complaint, please provide the relevant acceptance certificate and complaint or prosecution materials together when submitting the notice, which will facilitate the complaint processing process.
4. Commitment of obligee
The obligee shall ensure that its statements in the complaint documents and relevant supporting documents are legal, true and effective, and the obligee undertakes to bear the losses caused to Jiuyou due to Jiuyou's deletion or disconnection of links to suspected infringing content or services according to the obligee's notice, Including but not limited to the loss compensation paid to the complained party or user and the goodwill damage of Jiuyou.
5. Jiuyou treatment
Jiuyou, as a neutral platform service provider, will forward the notice document to the respondent after receiving the notice that the obligee meets the requirements of the Guidelines, and ask the respondent to give feedback. If the respondent accepts the obligee's complaint, Jiuyou will cooperate in handling it as soon as possible in accordance with relevant laws and regulations.
If the content and form of the materials provided by the obligee do not meet the requirements of the Guidelines and relevant laws and regulations, please make up for them as soon as possible, otherwise the complaint will not be handled.

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Confirmation Agreement

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Jiuyou Open Platform Cooperation Agreement see

1. Update content: add 6.3 in "6 Settlement"; Add 13.2.6 to "13 Representations, Representations and Warranties"; Modify the contents of "19 Other agreements 19.3 Agreement duration and priority cooperation", See the text of the agreement for details.

2. Please sign before May 6, 2023, If you have any questions about the contents of the agreement, please contact the business manager for communication.

3. You acknowledge and agree that this agreement will be binding on all cooperative games after you sign the update agreement.

Jiuyou Open Platform Cooperation Agreement (updated)

Introduction:

Welcome to use the technical services provided by this open platform!

The Jiuyou Open Platform Cooperation Agreement (hereinafter referred to as "the Agreement") is a legal agreement between you (hereinafter referred to as "Party A") and Guangzhou Aijiuyou Information Technology Co., Ltd. (hereinafter referred to as "Party B") regarding the use of Party B's software and technology to provide technical services to Party A's games. You should read and abide by the agreement. Please carefully read and fully understand the contents of each clause, especially the clauses of exemption or limitation of liability. Both parties confirm that the above clause is not a clause that "unreasonably relieves or mitigates its liability, increases the other party's liability, and limits the other party's main rights" as stipulated in Article 497 of the Civil Code of the People's Republic of China, and agree on the legality and validity of this clause.

Please use the technical services provided by Party B according to this agreement after reading and accepting all the terms of this agreement and relevant agreements, rules, etc. When you use the technical services provided by Party B in accordance with this agreement, it is deemed that you have read and agreed to the restrictions of this agreement, rules, etc. If you have any behavior in violation of this agreement, Party B has the right to limit, suspend or terminate the provision of this service to you according to the violation, and has the right to investigate your relevant responsibilities.

The user agreement and all kinds of rules, statements and other documents that have been published or may be published in the future on the website can be seen below the home page of Jiuyou website to regulate the website operation and clarify the rights, obligations and responsibilities of the company and users. All rules, statements, etc. are an integral part of this cooperation agreement and have the same legal effect as this cooperation agreement.

Now, through friendly negotiation, Party A and Party B have reached this agreement on the issue and operation of the cooperative game software on the Jiuyou open platform.

1 Definition:

In this Agreement, unless otherwise agreed by both parties, the following terms have the following meanings:

1. Cooperative game software (or cooperative games, games): Party A has independent and complete copyright or legally authorized online game server and end client programs and documents, including the existing version and future upgraded version of cooperative games.

2. Party B's platform: various software, products, technologies and platforms owned by Party B and its affiliated companies and jointly operated with third parties.

3. Technical service: refers to the service of providing technical channels for cooperative game software and making cooperative game software more widely accessible to users through Party B's platform, including providing Party A with self-help game upload channels, self-help generation of publicity pages, self-help information release, storage, search and other network technical services.

4. Technical inspection: refers to the technical inspection of cooperative game software, which aims to check whether the cooperative game software operates normally, works in good order, and has defects or deficiencies.

2 Cooperation purpose

Party A has advanced mobile game software; Party B has high-quality and perfect technical services. Party A authorizes Party B to provide technical services to the cooperative game software through its platform and pay the technical service fees to Party B.

The cooperative game in this agreement is independently developed and completed by Party A or legally authorized by Party A from the relevant obligee of the game. Party A enjoys all copyright or legal authorization according to law (including but not limited to game software, game content, various elements in the game, etc.), and marketing, publicity All other legal rights necessary for the promotion and operation of the game. Party A guarantees that the release, marketing, publicity, promotion and operation of the game on Party B's platform will not infringe the legitimate rights and interests of any third party (including but not limited to the copyright, trademark rights and other intellectual property rights or legal rights of the third party), nor need to obtain the consent of any third party, nor will Party A be held accountable by any third party.

If the game is adapted or performed according to the work of others, or if the game involves the use of the copyrighted work of others, or the trademark, portrait and other legal rights of others, Party A must have obtained the complete authorization of the relevant obligee to ensure that the game can be published, marketed, promoted and operated on Party B's platform, Party B will not be held accountable by any third party (including but not limited to the accountability of copyright, trademark right and other intellectual property rights or other legal rights).

Party B provides neutral platform technical services such as game publishing platform and operation system. Party A provides software technical support for game content and operation, and publishes, operates and promotes its games on Party B's platform independently. Party B receives corresponding technical service fees according to the agreement.

Party A agrees and understands that the Jiuyou Open Platform is a neutral platform service provider. Party B only provides neutral technical support services to Party A through the Jiuyou Open Platform for Party A to independently publish, operate and promote its games on the neutral Jiuyou Open Platform.

Any dispute, liability, etc. arising from the game and services, and any consequences arising from Party A's violation of relevant laws and regulations or this agreement, shall be borne by Party A independently and have nothing to do with Party B. If the rights and interests of Party B or others are infringed due to Party A's reasons, Party A shall bear all responsibilities and compensate Party B for all losses incurred thereby.

3 Cooperative game

The name and relevant registration and filing information of the cooperative game software shall be subject to the Service Order signed by both parties.

If Party A uploads the cooperative game software according to the provisions of Party B, it shall be deemed that Party A has agreed to the Service Order; If the cooperative game software uploaded by Party A passes Party B's technical test, both parties shall perform their respective obligations in accordance with this Agreement and the Service Order.

4 Responsibilities of Party A

4.1 Research, development, update and modification of cooperative game software

Party A is responsible for uploading and providing the cooperative game software, and for updating and modifying the cooperative game software. Party B has the right to put forward technical suggestions on the cooperative game software.

4.2 Legality registration, filing and other procedures of cooperative game software

Party A is responsible for handling the relevant procedures for the operation and publication of cooperative game software with relevant departments, including but not limited to the registration and filing of cooperative game operation and the registration and filing of cooperative game publication.

4.3 Establishment of legal compliance system

Party A shall set up relevant systems in the game in accordance with national laws and regulations, such as Anti addiction System, Parental Guardianship System for Minors, etc.

4.4 Relevant data

Party A shall upload the product information of the cooperative game according to the relevant standards of Party B's platform according to the following contents:

Instructions of cooperative game software, materials required for the construction and display of game display pages, etc;

Update content of game software, including improved technology and product bug, increased content, system improvement, etc;

Other materials required for the display of game software.

4.5 Game charges and payment settlement

Party A shall be responsible for the design of the charging scheme for the cooperative game software, and the payment method and technical services required for the cooperative game shall be provided or designated by Party B. Party B shall provide Party A with the technical interface for payment services and assist Party A to complete the construction of relevant technical services.

5 Delivery, test and acceptance

5.1 Party A shall upload the cooperative game software and relevant materials through Party B's platform within 10 working days after the effectiveness of this agreement. Party B has the right to conduct formal review of the cooperative game software and provide technical services to Party A after the review. Without the written consent of Party A, Party B shall not make any modification to the software and data provided by Party A. Party B's approval of Party A's materials does not mean that Party B confirms that there is no problem with the cooperative game software or related materials. Party A needs to ensure the legality and non infringement of the cooperative game software and related materials.

5.2 Party B shall conduct technical inspection within 10 working days after receiving the game software delivered by Party A. If the relevant technical inspection standards of the game cannot meet Party B's technical service standards, Party A shall modify the game according to Party B's technical inspection suggestions until it meets the technical service standards and passes Party B's technical inspection; The costs and losses incurred during the internal test period shall be borne by Party A. After the cooperative game passes the technical test, both parties shall decide the specific date for Party B to provide technical services.

6 Settlement

6.1 The specific settlement shall be subject to the Service Order signed by both parties.

6.2 If Party A applies to use other technical services provided or designated by Party B, it shall pay Party B the use fee of relevant technical services in accordance with this Agreement and the Service Order. The specific settlement method shall be subject to the Service Order signed by both parties.

6.3 Unless otherwise agreed in this Agreement, matters involving user refunds (including but not limited to minor user refunds, recharge failure to reach the account, etc.) shall be decided by Party B unilaterally, and Party A agrees and acknowledges that the refund amount involved in Party B's handling of refund matters shall be deducted from the statement and then shared in proportion.

7 Communication mechanism

Both parties shall regularly hold meetings and communicate on the cooperation of this agreement, which is generally carried out by the project or technical director of both parties. If either party thinks it is necessary to solve major issues, it can hold a targeted meeting. In principle, the party shall send a notice to the other party three working days before the meeting is held. The notice shall include the subject of the meeting and the participants of both parties.

8 Game quality assurance

8.1 The cooperative game software uploaded by Party A shall not have serious program errors (bugs), including but not limited to the following:

With respect to the same technical problem that both Party A and Party B think seriously affects cooperation, more than 1% of active users (i.e. users with game operation records within 7 days) complain, and Party A fails to solve the problem within 24 hours;

The user cannot register or pay due to the technical reasons of the game itself, and Party A fails to solve the problem within 24 hours;

Due to serious technical program errors in the end user game software, the game was forced to stop running, and Party A failed to solve the problem within 24 hours.

8.2 Party A guarantees that the game uploaded by Party A is free from viruses, trojans, backdoors, traps, Easter eggs, worms, time bombs, etc., or any other program that destroys, obtains, or discloses system data, Party B's data, or user's personal information, and will not cause losses or other obstacles to Party B in the operation process. After Party B proposes that there is a technical error in the game, Party A shall identify and correct the error no later than 24 hours at the latest. If both parties agree that it is a serious technical program error, Party A guarantees to correct the game error or provide program patches to ensure the quality of the game (including but not limited to integrity, correctness, etc.) no later than 24 hours or other reasonable period agreed by both parties.

8.3 Party B guarantees that in the process of providing technical services by Party B, there will be no viruses, trojans, backdoors, traps, Easter eggs, worms, time bombs, etc., or any other programs that damage, obtain, or disclose system data, Party A's data, or user's personal information, and will not cause losses or other obstacles to Party A in the operation process. After Party A proposes that there is an error in the operation of the game software, Party B guarantees to correct the error of the game software or provide software program patches to ensure the operation quality of the game software no later than 48 hours or other reasonable period agreed by both parties.

9 Server, bandwidth resources and support required for game operation

9.1 Server group erection

9.1.1 Party A shall, as required by Party B, undertake all hardware equipment and broadband resources necessary for the operation of game software, install and erect game servers, database servers, network servers and other required servers in the agreement area, and place the servers in an online network environment suitable for the operation of game software. The server uploaded by Party A for the operation of cooperative game software shall not contain illegal or infringing data, content or information.

9.1.2 During the cooperation period, both parties need to mark the purpose of the cooperative game software and conduct technical review in stages.

9.2 Routine maintenance

During the validity period of this agreement, Party A needs to provide the following maintenance and support work, including but not limited to:

9.2.1 Fix bugs and defects of cooperative games;

9.2.2 Assist Party B in technical testing of cooperative games and provide technical support;

9.2.3 Upload all patches of cooperative games;

9.2.4 The cooperative game software shall be upgraded irregularly within the cooperation scope agreed by both parties.

9.2.5 Party A shall notify Party B 3 working days in advance of the planned technical maintenance and support services for the cooperative game; For the maintenance and support services caused by emergencies, Party A shall immediately notify Party B in an effective way when emergencies occur.

9.3 Server replacement and cutover

9.3.1 If Party A needs to operate or replace the server of the cooperative game, it needs to notify Party B 7 working days in advance, and make a solution update plan in advance, which shall be communicated and confirmed by both parties.

9.3.2 In case of IDC cutover of cooperative game software server, Party A shall notify Party B by email at least three working days in advance and ensure that it will be restored within the corresponding time.

9.3.3 In case of unknown attack on the cooperative game software server, or network failure, packet loss, or insufficient resources, Party A shall immediately notify Party B in an effective way, coordinate IDC resources, and explain the reason by email.

9.3.4 Party A shall not power off, shut down or update the hardware of the server running the cooperative game software without notifying Party B. All operations must be notified to Party B three working days in advance.

9.4 Other technical support

9.4.1 Server side failure: Party A promises to ensure that the server side operates well and the network is unobstructed within the validity period of the agreement, and ensure the security of server software, hardware and data. If the server fails, Party A shall give feedback on the cause of the problem and the time to solve it within 30 minutes after Party B submits the problem. In case of IDC resource failure, Party A shall give Party B feedback on the cause of the problem and the time to solve it within 30 minutes.

9.4.2 Other emergencies: in game emergencies involving technical support (such as major customer service problems, virtual property theft of players who have consumed 1000 yuan or more in total), Party A shall provide a detailed description of the event as required by Party B, and Party A shall give feedback on the type, impact and resolution time of the emergency within 4 hours from the time Party B submits the problem, It shall be solved within 1 working day.

9.4.3 Party A is obliged to provide Party B with the game software operation background management inquiry system and inquiry authority for Party B's inquiry.

10 Data

10.1 Data attribution

During the cooperation period, all data generated by Party B's technical services for cooperative game software shall belong to Party B. Party A shall provide data regularly or according to Party B's requirements and duration.

10.2 Use of data

For the purpose of performing this Agreement, or with the written consent of Party B, Party A may use the technical service data.

11 Customer Service

11.1 Establishment of customer service

11.1.1 Customer service of cooperative games shall be managed by Party A's customer service personnel.

11.1.2 The content of the announcement (non technical or product problems) sent by Party A's customer service personnel in the game must be confirmed by Party B's contact person first.

11.1.3 The customer service department of Party B shall be responsible for technical problems such as account registration and payment of cooperative game software by users through Party B's platform, and the customer service department of Party A shall be responsible for problems in the game (including game login).

11.1.4 Both parties are responsible for developing the communication management platform of the customer service departments of both parties, summarizing all customer service problems to this platform, and classifying and tracking the problems.

11.2 Customer service content

11.2.1 Accept the feedback from users through different channels (including customer service telephone, cooperative game website, forum and other channels), and give correct answers to users;

11.2.2 Accept complaints fed back by users from different channels, record the complaint content, and track the solution;

11.2.3 Collect and summarize user information to improve the database content of user complaints and inquiries;

11.2.4 Emergency problems shall be notified to the other party by email.

11.2.5 If one party accepts the customer service problem that the other party should be responsible for solving, it should timely notify the other party by email and transfer the problem to the other party for acceptance.

11.3 Customer service standards

11.3.1 Effectively respond to user complaints and inquiries within 60 minutes;

11.3.2 Effectively solve user complaints and inquiries within 24 hours;

11.3.3 Compensate users' losses in an effective way within three working days, such as by giving away virtual props in cooperative games.

12 Game outage and follow-up matters

12.1 Announcement

After this Agreement comes into force, no matter what circumstances lead to the termination or early termination or dissolution of this Agreement, Party A shall provide Party B with a buffer period of at least 2 months (60 days) for the shutdown of cooperative game software for Party B to make an announcement to users.

12.2 Suspension of registration and payment

At the beginning of the buffer period when the cooperative game stops running, Party B shall stop providing user system and payment system services.

Rights of both parties
13 Representations, Representations and Warranties

13.1 Both parties guarantee that: Party A and Party B irrevocably declare, represent and guarantee to each other as follows:

13.1.1 It is qualified to engage in cooperation under this agreement, and the cooperation meets the requirements of its business scope.

13.1.2 Its signing and performance of this Agreement will not constitute a breach of contract or an infringement of any rights of a third party, and will not violate the restrictions of any legal documents binding on it.

13.2 Party A guarantees that:

13.2.1 The cooperative game used in the development process is legal commercial software, without time limit, time limit, function limit or any other unreasonable restrictions, and will not have a negative impact on the use of the cooperative game under this agreement; The cooperative game program media does not have defects in materials and technology under normal use.

13.2.2 Party A shall upload and provide the cooperative game software, documents, technical data and relevant documents completely, uniformly and accurately, which can meet the requirements for the installation, acceptance, operation and maintenance of the cooperative game software server. The operation of the cooperative game software will meet the index requirements of the relevant technical data of the software.

13.2.3 During the validity period of this agreement, Party A has and will continue to have the right to upload cooperative game software and related materials (including but not limited to all copyrights, trademark rights, ownership and all other intellectual property rights and exclusive rights), which is sufficient for Party A to authorize Party B to perform this agreement according to the terms of this agreement.

13.2.4 Party A guarantees that the cooperative game software, game content, documents and licenses will not infringe any copyright, patent, trademark or other rights (including but not limited to intellectual property rights) of any third party, which is sufficient for Party A to authorize Party B to perform this Agreement according to the terms of this Agreement.

13.2.5 Party A guarantees that the cooperative game and its content comply with the laws and regulations of China, do not violate the relevant provisions of electronic publications and any other applicable laws and regulations; Obtain all government approvals, consents, permits, authorizations, statements, filings and registrations related to cooperative games to fully maintain their effectiveness.

13.2.6 During the cooperation period, if Party A needs to terminate the cooperation in advance for any reason (including but not limited to transferring the cooperative game to other third parties, losing the operation right, etc. during the cooperation period), Party B has the right to require Party A to pay liquidated damages at twice the actual loss of Party B or 100 yuan, whichever is higher; Party B has the right to deduct from Party A's share in advance, and Party A shall still pay the insufficient part; If user refund is involved, the cost shall be borne by Party A. Party B has the right to deduct from Party A's share, and Party A shall make up for the deficiency.

13.3 Party B guarantees that:

13.3.1 Party B or its affiliated companies are legally qualified to provide technical services, and Party B guarantees that all procedures and materials obtained from Party A are only used to provide technical services for cooperative game software, otherwise Party A has the right to investigate the losses caused thereby.

13.3.2 Party B shall not have the right to make any modification to the server program of the cooperative game, but shall propose modification suggestions to Party A, and Party A shall modify it after Party A's consent and confirmation; Party B shall be responsible for the violation of laws and regulations due to Party B's unauthorized modification of procedures or documents.

13.3.3 Party B shall guarantee that the works, words and patterns derived from Party A's materials shall be made with the prior written consent of Party A, but the rights of derivative works shall belong to Party B, and their use shall not infringe the rights of Party A's materials or works. Party B must ensure that when producing derivative works, it shall not produce any works, words, patterns, etc. that are detrimental to Party A. If the derivative works produced by Party B infringe upon the interests of any third party, any dispute arising therefrom shall be settled by Party B itself. If it has caused any impact and loss to Party A, Party B shall be responsible for eliminating the impact and compensating Party A for the loss.

13.3.4 Without the consent of Party A, Party B shall not transfer or dispose of the cooperative game software and materials, and shall not use the cooperative game software and materials for purposes other than the purpose of this Agreement. Party B, in violation of this provision, shall compensate Party A for the losses caused thereby, and compensate Party A for the lawyer's fees, legal fees, investigation fees, travel expenses, etc. paid for safeguarding rights.

14 Rights and obligations of both parties

14.1 Rights and obligations of Party A

14.1.1 Party A has the right to supervise Party B's operation activities within the scope of authorization in accordance with the agreement of this agreement. Without Party A's consent, Party B shall not modify, rename, add, delete, split, decompile and other behaviors of the cooperative game. However, Party B's SDK for updating and iteratively accessing cooperative games according to regulatory compliance and its own business considerations is not subject to the above terms.

14.1.2 Party A shall complete the delivery of the game and related documents according to the content and time agreed in the agreement.

14.1.3 If there is an update or patch program for the game, Party A shall notify Party B in time and solve it as agreed.

14.1.4 Party A shall upload and provide relevant qualification certificates for Party B's review (such as Party A's business license, game copyright certificate, etc.).

14.1.5 Party A is obliged to ensure the normal operation of the cooperative game software. In case of various faults, maintenance and other conditions affecting the normal operation of the cooperative game software, Party A must notify Party B in time (the maintenance shall be at least 12 hours in advance, and the fault shall be within 12 hours after the occurrence). Party A shall bear all direct economic losses caused to Party B due to untimely notification. If the cooperative game fails to run normally for more than 24 hours accumulatively within one month due to Party A's reason, Party B has the right to unilaterally terminate this Agreement, and Party A shall bear all economic losses caused thereby. Under the above circumstances, if Party B conducts any refund or compensation operation on behalf of Party A, Party A shall make compensation in time, otherwise Party B has the right to deduct by itself.

14.2 Rights and obligations of Party B:

14.2.1 Party A has the right to request Party A to upload and provide games and relevant materials as agreed in the agreement, and provide technical support and training as agreed.

14.2.2 Without the consent of Party A, the game shall not be modified, renamed, added, deleted, split, decompiled, etc., but Party B's SDK for updating and iteratively accessing cooperative games according to regulatory compliance and its own business considerations shall not be restricted by the above terms.

14.2.3 Provide technical services at the agreed time.

14.2.4 Within the validity period of the agreement, Party B has the right to assess Party A's customer service quality.

14.2.5 Party B is responsible for operating and maintaining a set of safe technical service system.

14.2.6 Party B shall not carry out activities detrimental to the game or activities unrelated to the contents of this agreement beyond the agreed agreement area.

14.2.7 In case of any breach of this Agreement by Party A, Party B shall have the right to require Party A to make corrections within three working days. If Party A still fails to make corrections within the period required by Party B, Party B shall have the right to send a notice of termination to Party A, and this Agreement shall be automatically terminated.

15 Confidentiality

15.1 Confidential Information

Confidential information refers to the information with economic value that both parties take confidential measures. Including but not limited to: business management information, technical data information, and other confidential information indicated in a certain form.

15.2 Use and restriction of confidential information

The receiving party has the right to grant employees (including but not limited to employees of its branches) who must know the confidential information for business needs the right to use and access the confidential information, and the employees know and agree to abide by the relevant terms of this agreement. By performing the appropriate written agreement signed with the receiving party, it is enough to enable them to comply with all the terms of this agreement. Without the prior written authorization or consent of the disclosing party, the receiving party shall not:

Disclose any confidential information to any third party;

Use confidential information for the benefit of a third party;

The use of confidential information is not for the purpose of realizing this agreement.

15.3 Confidentiality period

The obligation of confidentiality is a statutory collateral obligation performed by this Agreement, and the obligation of confidentiality will not be relieved by the termination of this Agreement. Unless the disclosing party agrees or complies with the law, the receiving party shall assume the confidentiality obligation.

15.4 Special statement

Party B's business related to game access is Party B's business secret, and Party A shall strictly keep it confidential. Without Party B's written consent, Party A shall not disclose any content related to this Agreement.

16 Liability for breach of contract

16.1 Liability for fault in contracting

Both parties guarantee that they have the corresponding legal qualifications to engage in cooperation under this agreement. In case of contracting fault or invalidity of the agreement due to the disqualification of the subject of this agreement, the eligible party shall have the right to unilaterally terminate this agreement by written notice and require the defaulting party to compensate for all economic losses.

16.2 Liability for breach of game software legality

16.2.1 Party A understands and agrees that if Party B finds by itself or according to the information of relevant departments, complaints of obligees, etc. that Party A may infringe upon the legitimate rights and interests of others or violate the law, Party B has the right to make independent judgments based on the understanding of ordinary people to determine whether Party A infringes upon the legitimate rights and interests of others, If Party B judges that Party A infringes on the legitimate rights and interests of others, Party B has the right to unilaterally take one or more of the following measures at any time.

(1) Require Party A to immediately replace and modify the content that infringes upon the legitimate rights and interests of others;

(2) Take offline measures for the game that infringes the legitimate rights and interests of others, that is, terminate the operation of the game on Jiuyou Open Platform If user refund is involved, the cost shall be borne by Party A. Party B has the right to suspend the settlement and deduct from Party A's share, and Party A shall make up the deficiency.

(3) In case of any loss caused to Party B or others, Party A shall bear all responsibilities.

(4) Other treatment measures deemed appropriate by Party A.

16.2.2 After Party B informs Party A or Party A knows that Party A infringes on the legitimate rights and interests of others, Party A can appeal to Party B by email and in writing within three working days, and Party B will comprehensively judge whether Party A infringes on the legitimate rights and interests of others by referring to the contents of the appeal, However, the content of the appeal will not affect Party B's final independent judgment and taking relevant measures. If Party B takes any action or measure against Party A or Party A's game in accordance with the above terms, other relevant agreements of this Agreement or due to Party A's violation of relevant laws, all disputes and responsibilities arising therefrom shall be borne by Party A itself. Party A shall bear all losses caused to Party A, and Party A shall also bear all liabilities for losses caused to Party B or others, Including but not limited to fines, attorney's fees, evidence collection fees, settlement fees and the amount of compensation awarded by the court.

16.2.3 If Party A fails to perform registration, approval, filing and other procedures for the game in accordance with national laws and regulations, resulting in losses to Party B, Party A shall pay compensation, including but not limited to the actual losses and fines suffered by Party B.

16.3 Liability for breach of contract of increasing payment service or embedding advertisement without Party B's permission

16.3.1 Party A shall not conduct any of the following illegal operations during the cooperation period:

16.3.1.1 Set up non Party B payment channels in the game or induce users to use non Party B payment channels through upgrading and other means;

16.3.1.2 Forcing users to switch to non Party B's game package download or inducing users to download the game package to other non Party B channels through upgrading and other means;

16.3.2 Insert advertisements in the game without Party B's consent;

If Party A violates this article, Party B has the right to take one or more of the following rights:

(1) Party A shall pay Party B liquidated damages equal to twice the actual loss of Party B or 30 yuan, whichever is higher; Party B has the right to deduct from Party A's share in advance, and Party A shall still pay the insufficient part;

(2) Party B has the right to remove the game package that violates the agreement of this contract. If the user's refund is involved, the cost shall be borne by Party A. Party B has the right to deduct from Party A's share, and Party A shall make up the deficiency;

(3) Party B has the right to unilaterally terminate this Agreement;

16.4 Liability for breach of customer service terms

If Party A violates the agreement under Article 11 of this agreement, Party B has the right to require Party A to make rectification within 60 minutes and meet the requirements of the agreement, otherwise Party B has the right to deduct 10% of Party A's share of income in that month as liquidated damages.

16.5 General liability for breach of contract

Either party directly or indirectly violates any provision of this agreement, or does not assume or does not timely and fully assume its obligations under this agreement (i.e. defective performance), which constitutes a general breach of contract. The observant party has the right to notify the defaulting party in writing to correct its breach and take adequate, effective and timely measures to eliminate the consequences of the breach. The defaulting party must remedy the defective performance to its original state or integrity. During the period when the defaulting party remedies the defective performance to its original state or integrity, it shall pay the non defaulting party 0.3% of the monthly settlement fee per day as liquidated damages. If the breach of contract is not corrected for more than 30 days, the observant party has the right to terminate the contract and require the breaching party to compensate for all losses arising therefrom, including but not limited to attorney fees, legal fees, investigation fees, travel expenses, etc. paid for safeguarding rights.

17 Force majeure factors and the principle of change of circumstances

17.1 Definition of force majeure

The force majeure in this agreement refers to the legal force majeure factors, which are listed according to the Civil Code of the People's Republic of China and the judicial interpretation of the relevant Supreme People's Court.

17.2 Treatment of force majeure

In the event that any party is unable to exercise or perform its rights or obligations under this Agreement due to force majeure, such party will not be liable during the duration of the events related to force majeure. However, the party has the obligation to notify the other party in writing within twenty-four (24) hours, and within ten (10) days, the party can be exempted from liability only if it serves the other party with documentary evidence from the relevant government agencies or news media at the place where the accident occurred to prove the existence of the accident. If this agreement cannot be performed or the performance is obviously unfair due to the occurrence of force majeure, both parties shall negotiate for settlement.

17.3 Agreement on derogation obligation of force majeure

In case of force majeure during the term of this Agreement, Party B and Party A shall seek reasonable solutions through separate agreements, and the affected party shall try its best to minimize the negative impact caused by force majeure.

17.4 Principle of change of circumstances

After this agreement is signed and comes into effect, there are fundamental changes that cannot be foreseen in the normal performance of this agreement by both parties, which makes this agreement unable to be performed or obviously unfair (i.e. the principle of statutory change of circumstances). After both parties have jointly confirmed the legal fact, this agreement can be made necessary feasibility changes through written consensus between both parties, If Party A and Party B fail to reach the above consensus, this agreement will be terminated, and Party A and Party B shall not be liable for breach of contract to the other party for the legal fact.

18 Dispute resolution

18.1 Litigation

All disputes arising from or in connection with the execution of this Agreement shall be settled by both parties through friendly negotiation. If the negotiation fails, a civil lawsuit can be filed in the court where Party B is registered.

18.2 Application of performance and interpretation

The performance and interpretation of this agreement are only applicable to the current effective laws and regulations of the People's Republic of China.

19 Other agreements

19.1 Conditions for non fault termination of this Agreement

Party A and Party B reach an agreement through consultation and confirm the cancellation in writing;

The relevant qualification of one party has been cancelled or cancelled by the government administrative department;

The Agreement expires;

Any party subject is involved by national judicial or administrative institutions due to legal reasons, resulting in limited rights, or even loss of subject qualification.

19.2 Agreement change mode

Party B has the right to modify the terms of this agreement and the relevant terms of the supplementary agreement by issuing announcements, rules and other reasonable ways on the website when necessary. When using the technical services provided by Party B, Party A shall timely consult and understand the modified contents, and consciously abide by the terms of this agreement to supplement the relevant terms of the agreement. If Party A continues to use the services involved in the terms of this agreement, it shall be deemed as agreement to the modification. In case of any dispute, the latest terms of the agreement shall prevail. Party A has the right to stop using the services involved in the terms of this agreement if it does not agree to modify the contents.

19.3 Term of Agreement and Priority Cooperation

This Agreement shall come into force from the date when Party A clicks on the consent, and shall terminate on the date when both parties have fulfilled their agreed obligations.

Both parties agree that in case of any change to this Agreement (excluding the Service Order), the latest version released by Party B's platform shall prevail, without the need for both parties to sign and seal again, and the latest version is binding on both parties.

Party B has the priority to cooperate with the game involved in this agreement or the Service Order, and guarantees the updated version of all games (including but not limited to grayscale, internal test, and public test versions , first release version The game version under this agreement shall not be later than any cooperation channel, platform or website including Party A and other third parties. If Party A violates this article, Party B has the right to require Party A to pay Party B liquidated damages at twice the actual loss of Party B or 100 yuan, whichever is higher; Party B has the right to deduct from Party A's share in advance, and Party A shall still pay the insufficient part; If user refund is involved, the cost shall be borne by Party A. Party B has the right to deduct from Party A's share, and Party A shall make up for the deficiency.