Global Creator Hub User Agreement
Last Updated: 16 August 2018
Please read this user agreement ("Agreement") carefully because it explains your rights and obligations related to your use of the Global Creator Hub, together with related sites, subdomains and mobile applications ("GCH"). This Agreement is between you and PROXIMA BETA LIMITED and its affiliates ("Tencent"). By downloading or using GCH, or by clicking "Create Account" or otherwise indicating your acceptance of this Agreement, you confirm that you can lawfully enter into this Agreement in accordance with applicable laws and regulations and agree to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, do not access or use GCH.
For the purposes of this Agreement, "you" and "your" means you as the user of GCH. Any use of the word "including" shall mean "including without limitation".
Subject to your compliance with this Agreement, Tencent: (a) authorizes you to access and use GCH in accordance with the terms herein for your personal entertainment purposes only; and (b) grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to download the GCH mobile application and/or client software and to create one (1) GCH Account (as defined below) for your personal use.
Tencent is not required to provide any maintenance updates or support in respect of the license. Tencent reserves the right to revoke the license or restrict your use of GCH granted under the license for any reason, at any time.
Except for GCH itself, the software and content that you are permitted to download or access via GCH or via games linked to GCH ("Games"), including but not limited to Tencent or third-party video games, in-game content (including but not limited to advantages, benefits, character skins, experience boosts, extra powers, weapons and other equipment for your in-game characters ("Advantages")) and any other content within such games, are referred to in this Agreement as "Game Content."
As a Creator (defined in Section Rewards Games
You may use GCH only if you are 16 years or older (or, if European
data protection laws, including the General Data Protection Regulation, apply
to you, 16 years or older unless you have parental consent), are capable
of forming a binding contract Tencent and are not barred from using GCH under
applicable law. Some Game Content may contain additional age restrictions; you
may not access such Game Content without being at least the minimum age listed
on such Game Content (or have appropriate parental consent to purchase and/or
access or use such Game Content). Any assistance of access of GCH by those
users under 16 years of age by a parent or guardian, including through use of a
computer, device, internet connection and/or facilities, requires that the
parent or guardian assume full liability for any consequences.
To access parts of GCH and Game Content, you will need to create a GCH account ("GCH Account"). A "Creator" as used herein is any user that creates a GCH Account.
Your GCH Account is personal to you and you may not allow anyone else
to use it, including by sharing your password. You are responsible for the
login, password, and computer security of the system you use to access GCH and
for your GCH Account. It"s important that you provide Tencent with
accurate, complete and up-to-date information for your GCH Account and you
agree to update such information to keep it accurate, complete and
up-to-date. If you don"t, Tencent may suspend or terminate your GCH
Account. You agree that you will not disclose your GCH Account password
to anyone and will notify Tencent immediately of any unauthorized use of your
GCH Account. You are responsible for all activities that occur under your
GCH Account, whether or not you know about them.
Player Well Known ("PWK")
Once you have created your GCH Account using your name, email
address and other contact information, you will be able to link it to one or
more of your accounts on a third party platform (YouTube, Twitch, Facebook or
another third party platform or social network account that may be indicated by
Tencent when you have created your GCH Account ("Third
Party Platform")). Your account on
such Third Party Platform shall be referred to as a "Third
Party Account". To the extent one of these accounts allows us to
access certain information concerning your Third Party Account such as your
user name, channel ID and number of followers, Tencent will extract such
information to help provide the GCH service to you. You are responsible
for all use and the security of any Third-Party Accounts that you use to access
and use GCH.
If you have at least 1,000 followers on any one or more of your linked Third Party Accounts, you will be eligible to apply for "Player Well Known" (PWK) status on GCH, which will entitle you to Rewards for posting relevant User Content (as defined below) on Third Party Platforms through your linked Third party Accounts.
4. Access Conditions
You agree not do any of the following with respect to GCH, Game Content, Rewards or any portion thereof:
Although Tencent is not obligated to monitor access to or use of GCH or to review or edit any User Content, Tencent has the right to do so for the purpose of operating GCH and disseminating Game Content, to ensure compliance with this Agreement and to comply with applicable law or other legal requirements. Tencent has the right to investigate violations of this Agreement or conduct that affects GCH or any Game Content.
5. Changes to this Agreement; Updates and Patches
For the purpose of this Agreement, "User Content" means any content that you create, generate, or make available either (i) on Third Party Platforms and made available to users of those Third Party Platforms to view; or (ii) through GCH or Game Content, including chat posts, videos, character data, game customization, in-game constructions, and screenshots. If Tencent wishes to re-use, reproduce, publicly display or perform or distribute your User Content, Tencent shall ask for your permission to do so, which permission shall not be unreasonably withheld or delayed and you shall grant Tencent a royalty-free, non-exclusive, worldwide licence to do the foregoing acts. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Tencent is not required to make any use of any User Content that you provide. If Tencent makes use of your User Content, Tencent may credit you for your User Content.
You may not create, generate, or make available through GCH or any Third Party Platform any User Content to which you do not have the right to grant Tencent the foregoing license or that is illegal or violates or infringes another"s rights, including intellectual property rights or privacy, publicity or moral rights. You represent and warrant that neither your User Content, nor your use and provisions of your User Content to be made available through Third Party Platforms or GCH, nor any use of your User Content by Tencent on or through GCH will infringe, misappropriate or violate a third party"s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion (or the failure to remove or delete) any of your User Content from Third Party Platforms or from GCH if you post User Content to GCH.
If you, by means of posting User Content, promote or endorse any, product, service, or event through Third Party Platform in exchange for any consideration (including free games or other products) from a third party, where such product, service, or event is related in any way to Tencent or GCH, you must clearly indicate the source of such consideration for your audience.
You must comply at all times with all applicable laws and with applicable Third Party Platform terms relating to endorsements
Tencent welcomes your feedback, comments and suggestions for improvements to GCH and any Game Content ("Feedback"). You can submit Feedback by emailing us at . If you provide Tencent with any Feedback, you hereby grant Tencent a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Tencent is not required to make any use of any Feedback that you provide. You agree that if Tencent makes use of your Feedback, Tencent is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Tencent to grant Tencent and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
Subject only to your ownership rights in User Content as described in Section 7 above, Tencent and its licensors own all title, ownership rights, and intellectual property rights (including without limitation copyrights, patents, trade secrets, trademarks including those rights in all related names, product and service names, designs and slogans) in GCH and Game Content, including without limitation all software (including source code), logos, icons, the "look and feel" of GCH and Game Content, text, graphics, images, video clips, sound clips, content, notices, data, page layouts and selection and arrangement of the content. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying GCH or Game Content. No license or other rights will be created hereunder by implication, estoppel, or otherwise.
Where Game Content includes certain components provided by Tencent"s licensors, Tencent may, in its sole discretion, include in such Game Content"s game interface a list of credits and notices for third party components.
Tencent and its licensors reserve all rights in connection with GCH and Game Content.
11. Third Party Links, Resources, and Game Content
GCH and Game Content may contain links to third-party websites, apps or resources. Tencent provides these links only as a convenience and is not responsible for the content, products or services on or available from those websites, apps or resources or links displayed thereon. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, apps or resources.
Tencent expects its users to respect copyright and other intellectual property laws. It is Tencent"s policy to terminate in appropriate circumstances the GCH Accounts of those users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Tencent"s Intellectual Property Protection Policy at https://www.tencent.com/legal/html/en-us/property.html for further information.
13. Warranty Disclaimers
GCH, REWARDS AND GAME CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TENCENT AND THE TENCENT PARTIES (AS DEFINED IN SECTION 14) EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES AS TO QUALITY, LIKELY RESULTS, RELIABILITY, INFORMATION, DATA, DATA PROCESSING, UPTIME, SECURITY AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Tencent and the Tencent Parties make no warranty that GCH or Game Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Tencent and its licensors make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of GCH or Game Content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TENCENT, NOR ITS LICENSORS, NOR ITS OR THEIR AFFILIATES, NOR ANY OF TENCENT"S SERVICE PROVIDERS (COLLECTIVELY, THE "TENCENT PARTIES"), WILL BE LIABLE IN ANY WAY FOR ANY LOSS OF PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR GCH, REWARDS OR GAME CONTENT, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF GCH, REWARDS OR GAME CONTENT, EVEN IN THE EVENT OF A TENCENT PARTY"S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF A TENCENT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE TENCENT PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR GCH OR GAME CONTENT WILL NOT EXCEED FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TENCENT AND YOU.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice such rights that you may have as a Creator.
You agree to indemnify, pay the defense costs of, and hold Tencent, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including attorneys" fees, costs, and expert witnesses" fees) that arise out of or in any way are connected with (a) any claim or allegation that, if true, would constitute a breach by you of this Agreement, (b) your access to or use of GCH or Game Content, (c) any derivative works or content you create using Developer Tools, or (d) your User Content. You agree to reimburse Tencent for any payments made or loss suffered by Tencent, whether in court judgment or settlement, based on any matter covered by this Section 15.
Tencent may terminate your access to and use of GCH or any Game Content in the event that Tencent ceases providing GCH to similarly situated users or Subscribers generally or if you breach any terms of this Agreement (including any additional terms described in Section 1). If your access to GCH is restricted or terminated, your access to the Game Content may also be restricted or terminated. You may also terminate this Agreement by canceling your GCH Account in your account options. Upon any termination of this Agreement, any license granted to you in this Agreement will automatically terminate, you may no longer exercise any of the rights granted to you by such license, and you must destroy all copies of GCH and Game Content in your possession.
Except to the extent required by law, Rewards, Game Content, individual game keys or codes, except as otherwise allowed in this Agreement, are not transferable to or otherwise re-activatable on any other game platform or for other Creators on GCH.
The following Sections will survive termination of this Agreement: 4, 7-10 and 12-19.
You agree that any action related to this Agreement will be resolved in accordance with the laws of Hong Kong Special Administrative Region of the People"s Republic of China ("Hong Kong") without reference to choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this Agreement.
a) Dispute Resolution. Any Dispute arising with respect to this Agreement or any related service shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules in force at the time of delivery of the arbitration notice.
b) The arbitration shall be conducted in accordance with Hong Kong law with the seat of the arbitration in Hong Kong and the language of the proceedings shall be in English. The number of arbitrators shall be three (3), with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment of such arbitrators shall be confirmed by the HKIAC, and both arbitrators shall be instructed to and shall agree on the third arbitrator within ten (10) days of their confirmation by the HKIAC. Should either party fail to appoint an arbitrator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) shall be appointed by the Secretary General of the HKIAC. The arbitrators shall award only such damages as are permitted to be awarded pursuant to this Agreement.
c) Each party will pay its own costs and expenses (including counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.
d) Notwithstanding anything to the contrary in this Agreement, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief. The parties hereby expressly agree that Sections 5, 6 and 7 of Schedule 2 to the Arbitration Ordinance (Chapter 609 of the Laws of Hong Kong) are to apply.
You may not assign or transfer the rights and obligations under this Agreement, by operation of law or otherwise, or sublicense, pledge, or otherwise transfer or share the benefit of any or all of your rights, if any, without Tencent"s prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and void. Tencent may freely assign or transfer this Agreement, in whole or part, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Entire Agreement. This Agreement, any additional terms described in Section 1, and any other document or information referred to in this Agreement constitute the entire and exclusive understanding between you and Tencent regarding GCH and Game Content and supersede any and all prior oral or written understandings or agreements between Tencent and you regarding GCH and Game Content.
Language. The original language of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in any other language.
Severability. This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.
No Waiver. Tencent"s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tencent. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
Third Party Rights. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Ordinance (or any equivalent third party rights legislation) to enforce any of its terms.
20. Contact Information
If you have any questions about this Agreement or GCH, please contact Tencent at .