Last Updated: August 7, 2024
SERVICE PROVIDED CONTENT
"Service Provided Content" consists of those materials provided to you (e.g., unlockable content, accounts, stats, virtual assets, virtual currencies, codes, and achievements) in connection with use of the Perfect World Ember (PWEmber) Services. While the PWEmber Services may allow you to “earn”, "buy", or "purchase" Service Provided Content within or in connection with gameplay, you do not in fact own or have any property interest in the Service Provided Content. Unless otherwise specified in writing, any Service Provided Content that you receive is licensed to you as set forth herein, and you shall have no ownership right thereto. Unless specifically permitted by PWEmber, you may not, sell, lend, rent, trade, or otherwise transfer any Service Provided Content. Service Provided Content may not be transferred or resold by you for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Service Provided Content may be altered, removed, deleted, or discontinued by PWEmber at any time (e.g., upon termination of this Agreement and/or cessation of online support for the PWEmber Services), even if you have not “used” or “consumed” the Service Provided Content prior to alteration, removal, deletion, or discontinuation.
Without limiting the above, Service Provided Content may include virtual coins, points or other virtual currencies (“Virtual Currency”). By purchasing or otherwise acquiring Virtual Currency, you obtain a limited license (which is revocable by PWEmber at any time unless otherwise required by applicable laws) to access and select from other Service Provided Content. Virtual Currency has no monetary value and does not constitute currency or property of any type. Virtual Currency may be redeemed for other Service Provided Content only, if at all. Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for other Service Provided Content, where applicable. Subject to applicable local law, Virtual Currency is non-refundable. You are not entitled to a refund or any other compensation such as Service Provided Content for any unused Virtual Currency and unused Virtual Currency is non-exchangeable.
There may be Service Provided Content (should you choose to purchase it) which will require you to make a payment with real money, the amount of which will be set out in the PWEmber Services. All Service Provided Content will be made available immediately when you purchase it with real money, and you acknowledge that this is the case and that you will have no right to change your mind and cancel (sometimes known as a 'cooling off' right) once your purchase is complete.
All Service Provided Content are unconditionally forfeited if your PWEmber account is terminated or suspended for any reason, at PWEmber’s sole discretion, or if PWEmber discontinues any Service Provided Content program. PWEmber may also, at its sole discretion, delete or alter any Service Provided Content that you have unlocked or purchased, or limit your access to any Service Provided Content, for any reason (e.g., upon detection that your account has engaged in prohibited conduct,) subject to local laws. PWEmber has no liability for hacking or loss of your Service Provided Content. PWEmber has no obligation to, and will not, reimburse you for any Service Provided Content lost due to your violation of these terms and conditions. PWEmber reserves the right, without prior notification, to limit the order quantity on any Service Provided Content and/or to refuse to provide you with any Service Provided Content. Price and availability of Service Provided Content are subject to change without notice.
VIRTUAL CURRENCY AND VIRTUAL ITEMS
You may have the opportunity to use virtual, in-game or in-app currency ("Virtual Currency") or license a variety of virtual, in-game or in-app items ("Virtual Items") that can be used through the PWEmber. You may be required to pay a fee to obtain Virtual Items or Virtual Currency. You have no property interest in any Virtual Currency or Virtual Items. Any purchases of Virtual Currency or Virtual Items (whether through actual monetary transactions or accumulation through membership benefits or gameplay) are purchases of a limited, non-transferable, revocable license to use such Virtual Items or Virtual Currency within the applicable PWEmber game. Virtual Currency and Virtual Items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Currency and Virtual Items have no monetary value, and cannot be used to use products or services other than within the applicable PWEmber game. Virtual Currency and Virtual Items cannot be refunded or exchanged for cash or any other tangible value. If you do not redeem your Virtual Currency or Virtual Items, so long as your PWEmber account remains active and in good standing, you will be offered an opportunity to convert any unused Virtual Currency or Virtual Items into one or more in-game or other options determined by PWEmber at its sole discretion. All Virtual Currency and Virtual Items are unconditionally forfeited if your PWEmber account is terminated or suspended for any reason, at PWEmber’s sole discretion, or if PWEmber discontinues any Virtual Currency or Virtual Item program. PWEmber has no liability for hacking or loss of your Virtual Currency or Virtual Items. PWEmber has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items lost due to your violation of these terms and conditions. PWEmber reserves the right, without prior notification, to limit the order quantity on any Virtual Currency or Virtual Items and/or to refuse to provide you with any Virtual Currency or Virtual Items. Price and availability of Virtual Currency and Virtual Items are subject to change without notice.
Donations
Any and all donations go to the proceeds of this project and the development of the server. This includes any improvements, modifications, and additional hostings required to improve the game experience.
By donating to the server, you are showing your appreciation for our service and are not entitled to a refund. Your donation will go towards the support of the server and the time the developers took to create the server.
You are not buying a service from us (Perfect World Ember). Everything is free on the website and the game client. By donating, you agree to the Terms of Use listed herein.
Perfect World Ember accepts no responsibility for donations, and they are purely voluntary, not a charge.
In some instances, we reserve the right to ask for additional information, such as verification of your identity if you are donating large sums of money, which may be considered a scam. Where applicable, your personal information will be kept secure in line with our Privacy Policy. If you cannot provide sufficient proof to Perfect World Ember Staff, your donation will be returned to you, and the points will be removed from your account.
Sending payments is subject to fees, including currency conversion fees (if applicable), depending on the type of payment you make, and is the responsibility of the sender, not us.
We are only liable if you did not receive such points; otherwise, we are not.
Payment Providers
We may use a variety of Payment Providers, such as PayPal or Stripe in which we adhere to their terms of services, including PCI compliance and privacy that we collect.
Liability
If you fail to notify us without undue delay of any loss of your password or other security features or other event that could reasonably be expected to have compromised the security of your account in Perfect World Ember after you have gained knowledge of such events in which case you shall remain liable for losses incurred until you notify us;
If the transaction was unauthorised but you have acted fraudulently or compromised the security of your Perfect World Ember Account with intent or gross negligence, in which case you shall be solely liable for all losses.
Without prejudice to the foregoing, you are asked to regularly change your password, enable IP restrictions on the website to protect your account, and regularly check account logs available to you in our panel, and to contact us if you have any questions or concerns.
Subject to the foregoing, we shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation.
We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
Nothing in these Terms of Use shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.
We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from your use of the Perfect World Ember Account or services provided in these Terms of Use.