3.09.2009

CulCul

4.2 Tencent hereby reminds the User that, in order to reserve the discretionary right of Tencent in its business development and adjustment, Tencent shall be entitled to amend or suspend the license of the Software at any time and without prior notice to the User. If necessary, the notice of amendment or suspension will be published on Tencent’s website.

4.3 If the User’s breach of this Agreement or relevant terms of service brings about any third party’s claims, demands or losses, including reasonable attorney’s fee, You hereby agree to indemnify and keep Tencent and its Partners or affiliated companies indemnified against all losses incurred because of the said claims, demands or losses. Depending on the nature of the User’s behaviour, Tencent has the right to take following actions, including but not limited to, suspend the license, cease provision of the service, restrict the use, take back the QQ account or resort to lawsuit. Tencent has the right to take back the QQ account if the User conducts any illegal activities, harass or deceive other users by using his or her QQ account.

4.4 The User shall bear all risks arising from the use of the Software. Tencent and its Partners do not provide any warranty in any form for the Software, whether express, implied, or statutory warranty and condition, including but not limited to express or implied warranties and condition as to its MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, virus-free, negligence-free, or free from technical defect, or that the Software is properly owned and does not infringe any existing rights. Tencent and its Partners bear no responsibility for any direct, indirect, incidental, particular and subsequent loss and risk because of the use of the Software or failure to use the same in any circumstances.

4.5 The use of the Software involves the Internet service, which may be affected by various unstable factors; Since the service may be suspended or blocked because of force majeure events, computer virus, hacker attack, instability of the system, the location of the User, User switching off the computer, illegal information and blocking of the harassing information, as well as other issues related to the network, technology, communication circuit and information security management, there is a risk that the User’s demand may not be met. The User must understand and bear these risks solely and Tencent and its Partners bear no liability if the User is unable to send, accept or read information, or sends or receives wrong information because of the said risks.

4.6 When using the Software, there is a risk that the User may receive some threatening, defaming, annoying or illegal information from anonymous or imposturous source. The User must be aware of and bear these risks and Tencent and its Partners do not warrant that any of the said information is true, proper and legal.

4.7 Tencent and its Partners bear no liability for the User’s possible economic loss due to a third party’s communication error, technical problem, network or computer failure, system instability, or other force majeure events.

4.8 In case the normal operation of the service is affected by force majeure events, like technical failure, Tencent and its Partners agree to cooperate with related parties promptly to solve the problem. Nevertheless, Tencent and its Partners bear no responsibility for the User’s possible loss arising therefrom.

4.9 If the User suffers any psychological, physical damage or economic loss from being misled or deceived when communicating with other users, it is the wrongdoer, but not Tencent or its Partners, who shall bear all the responsibilities.

5 Other articles

5.1 The invalidity of any or part of the articles of this Agreement does not affect the validity of other articles.

5.2 Laws and regulations of People’s Republic of China are the governing law for the interpretation of, validity of and settlement of disputes arising from this Agreement. When any dispute or controversy arises between Tencent and the User, the two parties shall resolve the same through friendly negotiation; if the negotiation fails, the User hereby agrees that the dispute or controversy shall be resolved in the court located in the jurisdiction where Tencent resides.

5.3 Customer Service hotline of Tencent: +86-755-8376-5566. Your call is welcome.

5.4 The English version of this Agreement is for reference only. In the event of any discrepancies or inconsistencies between the English and Chinese versions, the Chinese version shall prevail.

All copyrights and rights of interpretation are reserved by Tencent.

Tencent Company

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