This Agreement is entered into by and among the players of the games of Original Entertainment Co., Ltd. (hereinafter referred to as “Players”) and Original Entertainment Co., Ltd. (hereinafter referred to as “Original Entertainment”) with respect to the use of the automatically authorized subscription renewal fees deduction service performed by Original Entertainment (hereinafter referred to as “The Service”), which describes the rights and obligations of players and Original Entertainment 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 Original Entertainment. This Agreement shall constitute the conditions precedent for players’ (whether individuals or entities) use of the service provided by Original Entertainment. 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.
2.1 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 Original Entertainment 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 Original Entertainment 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 Original Entertainment 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 Original Entertainment 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 Original Entertainment and use of the service by players shall be deemed that they agree on the service terms hereof and public notices sent by Original Entertainment with respect to the service.
2.4 The service performed by Original Entertainment for players shall only be used by players on the platforms of Original Entertainment, and any separation of the contents of the service performed by Original Entertainment 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 Original Entertainment will investigate the legal responsibilities on the part of the responsible parties by operation of the law.
3.1 Original Entertainment shall be responsible for providing players with access to the detailed information on charges pertinent to automatic subscription renewal fees deductions, instead of printingthe relevant invoices and forwarding the same to players.
3.2 Original Entertainment 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, Original Entertainment 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 Original Entertainment 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 Original Entertainment, 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 Original Entertainment on attempts to deduct fees on a irregular basis according to certain rules, once the fees are successfully deducted, Original Entertainment 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 Original Entertainment 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 Original Entertainment free of charge, Original Entertainment 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.
4.1 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 Original Entertainment will cease to provide the service to players upon the termination of the service.
4.3 The instructions by which players automatically authorize Original Entertainment to deduct the subscription renewal fees before they choose to terminate the service shall remain valid. Original Entertainment will not refund charges deducted following such instructions with the relevant responsibilities being borne by the players.
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.
Disputes arising out of performing this Agreement shall be resolved by Original Entertainment and players through friendly consultation. If no settlement can be reached through consultation, any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
Original Entertainment Co., Ltd.