PRIVACY NOTICE
TABLE OF CONTENTS
1. INFORMATION WE COLLECT
2. USE OF INFORMATION WE COLLECT / LEGAL BASES FOR PROCESSING
3. DISCLOSURE OF YOUR INFORMATION
4. INTERNATIONAL DATA TRANSFERS
5. DATA RETENTION
6. YOUR RIGHTS AND CHOICES
7. CHANGES TO THIS PRIVACY NOTICE
8. INFORMATION FOR KOREA RESIDENTS
9. CONTACT US
LEGAL INFORMATION>
This Privacy Notice describes how Shattershock Limited (“Shattershock”, “we”, “us”, or
“our”) collects,
uses, discloses or otherwise processes information about users of the website from which this Privacy Notice
is being accessed (the “Site”).
By using or interacting with the Site, you (the “User”, “you”, or
“your”) understand that we process your
information as described in this Privacy Notice.
For purposes of applicable law, Shattershock Limited (an Irish company) is the “Data
Controller” of
information collected through the Site. Our mailing address is Shattershock Limited, 1st Floor, The Liffey
Trust Centre, 117-26 Sheriff Street, Upper, Dublin 1, Ireland, D01 YC43.
1. INFORMATION WE COLLECT
When you use the Site, we collect personal information about you or your use of the Site. The categories of
information we collect are:
-
Information You Provide. We collect information that you provide to us directly when
you fill out a
form on the Site (such as “Contact Us” or “Subscribe”) or send us an email or postal mail. This may
include your name, email address, and your message to us.
-
Information We Collect Automatically.
- Cookies.We collect information through cookies and similar technologies (“Cookies”) to
operate and provide the Site. For more details about our use of Cookies, including third-party Cookies,
please see our Cookie Notice.
- Usage Information. ○We collect information about how the Site is used, including
information about Site pages viewed, date/time stamps of actions taken, log files, crash or diagnostic
data, performance logs, and error reports or messages.
- Technical and Network Information.We collect information about the device, browser, and
network used to access the Site, such as browser type, hardware model, unique device identifier, operating
system, Internet Service Provider, and language and time zone data.
- General Location.We use IP addresses to estimate your general location, like city and
country.
2. USE OF INFORMATION WE COLLECT / LEGAL BASES FOR PROCESSING
Under applicable data protection laws (such as the General Data Protection Regulation), companies must have
a legal basis to process your personal data. Below, we describe our legal bases and purposes for processing
the information we collect.
- Processing necessary to perform our contract with you. We process your information as
necessary to provide and operate the Site. Specifically, we analyze Information You Provide and
Information We Collect Automatically (“Your Information”) to:
- Identify, troubleshoot, and resolve technical errors or issues and monitor Site performance.
- Ensure the safety, security, and integrity of the Site to detect, prevent, and combat behavior that
threatens the security of our users’ information or the Site.
- Transfer, store, or process your information outside the European Economic Area
(“EEA”), the United Kingdom (“UK”), and/or Switzerland.
- Legitimate interests. We process your information where the information is necessary
for our legitimate interests or the legitimate interests of others (such as those of our users). We
process Your Information to:
- Operate, troubleshoot, and improve the Site and our business.
- Promote safety, security, and integrity outside of the performance of our contract with you.
- Understand our users and how they interact with the Site.
- Perform internal analytics concerning the Site.
- Comply with legal requirements or defend our legal rights.
In certain jurisdictions, you have the right to object to, and seek restriction of, this processing based
on legitimate interest. To exercise the rights, visit Section 6 of this Privacy
Notice.
- Fulfillment of a legal obligation.We may be required to use Your Information to comply
with a legal obligation, such as when we need to respond to a valid legal request.
- Consent. In some cases, we may ask for your consent to use Your Information for
specific purposes. In these cases, we’ll provide the ability to withdraw your consent.
3. DISCLOSURE OF YOUR INFORMATION
We share your information with others as described below:
- Service providers.We share Your Information with our service providers who provide web
hosting, analytics, and communications services to us.
- Related companies. We may share Information You Provide with our subsidiaries and
affiliates for purposes consistent with this Privacy Notice.
- Business transfers.In the event we are involved in a corporate sale, merger,
reorganization, dissolution, or similar event, or due diligence related to such event, Your Information
may be part of the transferred assets.
- Legal requirements and harm prevention.We may disclose Your Information to comply with
a legal obligation or to protect and defend our rights and our users’ rights.
We have not “sold” or “shared” (as those terms are defined by applicable law) personal information in the
past 12 months, nor do we “sell” or “share” any personal information about individuals, including those that
we know are under sixteen (16) years old. We do not share your personal information with third parties for
direct marketing purposes.
4. INTERNATIONAL DATA TRANSFERS
Your personal information is hosted on servers located in the country where you reside. Our service
providers, affiliates and subsidiaries, and partners are located in various countries around the world. Your
personal information may be transferred to, and processed in, these countries, which may be different from
the territory in which you reside. These countries may have data protection laws that are different from
those of your jurisdiction (and, in some cases, may not be as protective). These entities commit to
processing information in compliance with applicable data protection laws and to implementing appropriate
security measures to protect your information.
Where this will involve transferring your personal information outside the UK, EEA and/or Switzerland, we
implement the following safeguards to ensure a similar degree of protection is afforded:
- Adequacy Decisions:We rely on the adequacy decisions to transfer data to Canada, Japan,
and the UK (the full list of adequate countries is available here for the EEA, here for the UK, and here for Switzerland).
- Standard Contractual Clauses:We rely on the standard contractual clauses issued by the
European Commission and the UK for transfers to countries which are not considered adequate, such as
Singapore and Hong Kong. You may obtain a copy of these measures by contacting us.
5. DATA RETENTION
We retain personal information in accordance with our data retention policy and where reasonably necessary
to carry out the purposes described in this Privacy Notice. To determine the appropriate duration of the
retention of personal information, we consider the amount, nature, and sensitivity of the information; the
potential risk of harm from unauthorized use or disclosure; whether we can attain our objectives by other
means; and compliance with our legal, regulatory, tax, accounting and other applicable obligations.
6. YOUR RIGHTS AND CHOICES
Depending on where you live, you may have some or all of the rights listed below in relation to your
personal information. However, these rights are not absolute, and may apply only in certain circumstances.
- Request access to or a copy of your personal information.
- Delete your personal information.
- Correct or update your personal information where it’s inaccurate.
- Object to processing of your personal information or ask us to restrict processing of your personal
information.
- Where applicable, withdraw your consent without affecting the processing already undertaken before your
withdrawal or the processing of your personal information on other lawful grounds.
- Complain to a data protection authority about our processing of your personal information. You can file
a claim with the Data Protection Authority in the EEA country in which you live or work or where you think
we have infringed data protection laws, or with the UK Information Commissioner’s Office, as applicable to
you. Contact details for Data Protection Authorities in the EEA are available here and the UK ICO
can be contacted here.
You may submit a request to exercise your privacy rights to us at privacy@oc.netease.com or at Shattershock
Limited, Attention: Privacy, 1st Floor, The Liffey Trust Centre, 117-26 Sheriff Street, Upper, Dublin 1,
Ireland, D01 YC43. We will not discriminate against you for exercising any of these rights. Further
information may be needed to verify your identity before these rights can be exercised. If we deny your
request, you may appeal our decision by contacting us.
7. CHANGES TO THIS PRIVACY NOTICE
We may amend this Privacy Notice from time to time with an updated effective date at the top of this page.
By continuing to use the Site, you are confirming that you have read and understood the latest version of
this Privacy Notice.
8. INFORMATION FOR KOREA RESIDENTS
This Section applies only if you are a resident of South Korea.
Data sharing. We delegate the processing of your personal information as described below,
and the delegates may process your personal data for the below purposes.
| Delegatee |
Delegated Tasks |
| Google LLC |
Data processor: Processes and stores information on our behalf for website analytics purposes.
Please see our Cookie Notice. |
Data transfers. We provide personal information to third parties overseas as described
below.
| Name of Recipient (country, contact info) |
Overseas Country |
Date & Method of Transfer |
Items of Personal Information provided |
Purpose of Use by Recipient |
Period of Retention and Use by Recipient |
| Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA |
USA |
Transmitted from time to time |
All personal information specified in Section 2 |
Storage of data and providing analytics services to data controller |
See Section 5 |
Data destruction. We are required to retain certain personal information for the time
periods and pursuant to the laws set forth below.
| Applicable Law |
Types of Personal Information and Retention Period |
| Republic of Korea: Protection of Communications Secrets Act |
Log records and IP address: 3 months |
| The date of telecommunications by users, the time that the telecommunications start and end, the
frequency of use: 12 months |
| Republic of Korea: Act on the Consumer Protection in Electronic Commerce |
Records regarding customer service or dispute resolution: 3 years |
| Records regarding execution or withdrawal of a contract: 5 years |
9. CONTACT US
If you have any questions about this Privacy Notice, please contact us at privacy@oc.netease.com or Shattershock Limited, Attention:
Privacy, 1st Floor, The Liffey Trust Centre, 117-26 Sheriff Street, Upper, Dublin 1, Ireland, D01 YC43.
TERMS OF USE
These Terms of Use (“Terms”) are an agreement between you (the “User”,
“you”, or “your”) and Shattershock
Limited (“Shattershock”, the “Company”, “we”,
“us”, or “our”) that govern your access and use of the website
from where you are accessing the Terms (the “Site”). If you use the Site on behalf of a
company or other
entity, then the “User”, “you”, or “your” includes you and that entity, and you represent and warrant that
you are an authorized representative of that entity. When accessing or using our games, apps, software,
products, or services other than the Site, you may be subject to separate terms.
Please read these Terms carefully. Section 19 contains a binding individual arbitration clause and
class action waiver that apply to all claims arising from use of this website and could significantly
affect your legal rights.
1. WHO WE ARE
The Site is provided by Shattershock Limited, a company operating under the laws of Ireland, located at 1st
Floor, The Liffey Trust Centre, 117-126 Sheriff Street, Upper, Dublin 1, Ireland D01 YC43. When we reference
affiliates in these Terms, we mean the subsidiaries, parent companies, joint ventures, and other corporate
entities under common ownership and their agents, consultants, employees, officers, and directors (whether
now or in the future).
2. UPDATES TO THESE TERMS
We may decide to update these Terms from time to time. When we do so, we will post the changes on this page
and indicate the date they were last updated. By continuing to use the Site, you confirm that you accept the
amended Terms. We hope you will continue using our Site, but if you do not agree to our Terms, as amended,
you must stop using the Site.
3. PRIVACY
The Privacy Notice describes our data practices, including
how we collect and use your information when you use the Site.
4. MODIFICATIONS TO THE SITE
We may modify the content or functionality of the Site from time to time. The Site may be interrupted,
including due to maintenance, repairs, upgrades, or network or equipment failures. We reserve the right to
discontinue the Site, temporarily or permanently, with or without notice, at any time, for any reason, or
for no reason at all. You agree that we will not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Site (or any part thereof). We may also impose limits on
certain functionality or restrict your access to the Site, in whole or in part, without notice or liability.
5. ELIGIBILITY
You must be at least the age of majority in your country of residence to use the Site. If you are not old
enough to have authority to agree to our Terms in your country or territory, your parent or guardian must
agree to our Terms on your behalf in order for you to use the Site. Please ask your parent or guardian to
review these Terms with you.
6. RESTRICTIONS
You agree to use the Site only for purposes that are legal and in compliance with these Terms and any
applicable laws or regulations. You may not use the Site (or assist others to use it) to:
- violate any law, statute, ordinance, or regulation;
- infringe or violate the intellectual property or proprietary rights, rights of publicity or privacy, or
other rights of any third party;
- attribute content to or impersonate any person or entity without their authorization;
- download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license,
create derivative works from, offer for sale, or otherwise use any part of the Site (including any
copyright, trademark, service mark, or other proprietary notation contained therein), except (i) for
temporary files that are automatically cached by your web browser for display purposes; or (ii) as
expressly authorized by the Site;
- circumvent, duplicate, decompile, reverse engineer, disassemble, decode, or compromise the Site,
including but not limited to (i) bypassing any technological measure or content protection on the Site;
and (ii) using hacks, bots, mods, or any other unauthorized software;
- interact with the Site in a manner that could disrupt or impair it or interfere with any other party’s
access or use (including introducing any viruses, adware, spyware, or other malicious code);
- access the Site using any automated means (e.g., robots or scrapers);
- use the Site in a manner that is defamatory, libelous, threatening, harassing, abusive, hateful,
obscene, lewd, pornographic, violent, or otherwise objectionable, or that may expose Shattershock or users
of the Site to harm or liability;
- exploit the Site for any commercial purpose unless authorized by Shattershock in writing; or
- access or use the Site in any way not expressly permitted by these Terms.
We work to protect the safety, security, and integrity of the Site, including by prohibiting misuse of the
Site. We reserve the right to take appropriate action against users who violate these Terms, including by
disabling or suspending access to the Site or by contacting law enforcement.
7. LICENSE TO THE SITE
As between you and us, we (and/or our licensors) own all right, title, and interest in and to the Site, its
elements, and all materials displayed or performed through the Site (including, but not limited to, audio,
video, designs, illustrations, images, graphics, text, logos, patents, trademarks, service marks,
copyrights, and “look and feel” of the Site). All such content is protected by copyright, trade dress,
trademark, and patent laws, international conventions, other relevant intellectual property and proprietary
rights, and applicable laws. Using the Site does not give you any ownership therein.
We grant you a worldwide, revocable, non-exclusive, non-transferable, and non-sublicensable license to use
the Site. This license is granted for the sole purpose of using and accessing the Site consistent with these
Terms.
8. CONTENT YOU PROVIDE
A.Unsolicited Ideas
We do not accept unsolicited ideas of concepts, creative ideas, stories, designs, product names, or the
like (“Unsolicited Ideas”). We are continuously engaged in active research and development
of new products,
websites, and services, as well as improvements and enhancements to existing aspects of the Site and our
products. Please do not send us any Unsolicited Ideas to avoid the possibility of future misunderstandings
when projects, improvements, or enhancements developed by us might seem to be similar or identical to any
part of an Unsolicited Idea.
If you choose to send us an Unsolicited Idea, you understand and agree that the following terms apply,
regardless of any contrary statements accompanying your submission:
1.Your submission does not create any relationship between you and
Shattershock;
2.Your submission and its contents automatically become the property of
Shattershock, without any
compensation to you;
3.Shattershock may use or redistribute your submission for any purpose on an
unrestricted basis;
4.Your submission does not include confidential or proprietary information of
you or any other person, and
Shattershock is under no obligation to keep your submission confidential or to compensate you for any use of
it.
B.User Submissions
By providing content or information to us in connection with the Site (collectively, “User
Submissions”),
you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and
transferable right to fully exploit, reformat, modify, create derivative works of, excerpt, or translate
such User Submissions in connection with the Site and our (and our successors’ and assigns’) business.
9. THIRD PARTIES
The Site may contain links to third-party websites (“Third-Party Sites”) that are subject
to different
terms and privacy practices. We do not own or control those Third-Party Sites and we are not responsible or
liable for any aspect of such Third-Party Sites. Links to any Third-Party Sites are not an endorsement.
We may utilize service providers or partner with our affiliates, subsidiaries, or other third parties to
make the Site available to you.
10. INDEMNITY & RELEASE
You will indemnify and hold Shattershock harmless (including, without limitation, from all damages,
liabilities, settlements, costs, and attorneys' fees) from any claim or demand made by any third party due
to or arising out of your access to the Site, use of the Site, your violation of these Terms, or the
infringement by you or any third party using any intellectual property or other right of any person or
entity.
11. WARRANTY DISCLAIMER
We have no special relationship with or fiduciary duty to you. We have no control over, and no duty to take
any action regarding, (i) which users gain access to the Site; (ii) what content you access via the Site;
(iii) what effects the content may have on you; (iv) how you may interpret or use the content; or (v) what
actions you may take as a result of having been exposed to the content. You release Shattershock from all
liability for you having acquired or not acquired content through the Site. Shattershock will not be
responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in
or accessed through the Site.
This Site is provided on an “as is” and “as available” basis. Shattershock expressly disclaims all
warranties of any kind, whether express, implied, or statutory, including but not limited to implied
warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Shattershock
makes no warranty that (i) the site will meet your requirements; (ii) the Site will be uninterrupted,
timely, secure, or error-free; (iii) the results that may be obtained from the use of the site will be
accurate or reliable; or (iv) the quality of any products, services, information, or other material obtained
by you through the site will meet your expectations.
Shattershock and its affiliates take no responsibility and assume no liability for any content that you,
another user, or a third party sends, receives, or stores on or through the Site. You understand and agree
that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate,
none of which Shattershock or its affiliates will be responsible for.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL SHATTERSHOCK OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE WITH RESPECT TO THE SITE OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY (i) FOR ANY AMOUNT IN THE AGGREGATE
IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU THEREFOR DURING THE 12-MONTH PERIOD PRECEDING THE
APPLICABLE CLAIM (IF ANY); (ii) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
LOSS OF USE, DATA, OR PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR
RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES); OR (iii) FOR ANY MATTER BEYOND COMPANY'S REASONABLE
CONTROL.
California Waiver. If you are a resident of California in the United States, you agree to
waive California
Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or
releasing party does not know or suspect to exist in his or her favor at the time of executing the release,
and that, if known by him or her, would have materially affected his or her settlement with the debtor or
released party.”
13. ENTIRE AGREEMENT & WAIVER
These Terms, including any additional terms referenced, make up the entire agreement between you and
Shattershock, and supersede any prior agreements. These Terms do not create or confer any third-party
beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We
reserve all rights not expressly granted to you.
14. GOVERNING LAW & VENUE
Unless stated otherwise herein, these Terms shall be governed by and construed in accordance with the laws
of the State of California, without regard to the conflict of laws provisions thereof. With respect to any
disputes or claims not subject to arbitration as set forth in Section 19, you and Shattershock agree to
submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles
County, California, United States.
15. ASSIGNMENT
You may not assign, transfer, or delegate your rights and obligations hereunder without Shattershock’s
prior written consent. Shattershock may assign, transfer, or delegate this agreement and any rights and
obligations hereunder, at its sole discretion.
16. SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect
and enforceable.
17. TERMINATION
These Terms shall remain in full force and effect while you use the Site. You may terminate your use of the
Site at any time. We may terminate or suspend your access to the Site at any time, for any reason (including
breach of the Terms), and without warning.
18. SURVIVAL
All provisions of these Terms which, by their nature, should survive termination, shall survive
termination, including, without limitation, those relating to ownership, warranty disclaimers, and
limitations of liability.
19. DISPUTE RESOLUTION
Please read this section carefully – it may significantly affect your legal rights, including your
right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for mandatory
binding arbitration and a class action waiver.
A.Agreement to Arbitrate
This Dispute Resolution section is referred to in these Terms as the “Arbitration
Agreement.” This
Arbitration Agreement shall be governed by and construed in accordance with the laws of the State of
California, United States, without regard to the conflict of laws provisions thereof.
You agree that any and all disputes or claims that have arisen or may arise between you and Shattershock
shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with
the terms of this Arbitration Agreement, except that the binding individual arbitration provisions herein
will not apply to the extent prohibited by the laws of your jurisdiction of residence or where the
underlying dispute is one of the following types: (i) disputes or claims within the jurisdiction of a small
claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought
and maintained as an individual dispute; (ii) disputes or claims where the sole form of relief sought is
injunctive relief; or (iii) intellectual property disputes.
Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal,
state, or local agencies, and such agencies can seek relief against us on your behalf if the law allows.
You agree that, by agreeing to these Terms, you and Shattershock are each waiving the right to a trial by
jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a
judge or jury. The Federal Arbitration Act (“FAA”) governs the interpretation and
enforcement of this
Arbitration Agreement.
B.WAIVER OF CLASS ACTION & REPRESENTATIVE CLAIMS
You and Shattershock agree that each of us may bring claims against the other only on an individual basis
and not as a plaintiff or class member in any purported class or representative action or proceeding. Except
as set forth in this Arbitration Agreement, the arbitrator may not consolidate or join more than one
person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or
class proceeding. Likewise, the arbitrator may award relief (including monetary, injunctive, and declaratory
relief) only in favor of the individual party seeking relief and only to the extent necessary to provide
relief necessitated by that party’s individual claim(s). Notwithstanding the foregoing, you may pursue a
claim for, and the arbitrator may award, public injunctive relief under applicable law to the extent
required for the enforceability of this provision.
If this class action waiver is limited, voided, or found unenforceable, then, unless the parties mutually
agree otherwise, the Arbitration Agreement shall be null and void with respect to such proceeding so long as
the proceeding is permitted to proceed as a class action.
C.Dispute Resolution & Arbitration Process
You and Shattershock agree that in the event of any dispute between you and Shattershock, either party will
first contact the other party and make a good faith sustained effort to resolve the dispute before resorting
to more formal means of resolution (including without limitation any court action) after first allowing the
receiving party 30 days in which to respond.
Only after the parties have engaged in a good-faith effort to resolve the dispute, and only if those
efforts fail, may either party then initiate binding arbitration as the sole means to resolve claims. Any
dispute arising from or relating to the subject matter of these Terms shall be finally settled by
arbitration in Los Angeles County, California, United States, using the English language in accordance with
the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc.
(“JAMS”) then in effect (“JAMS Rules”), by one commercial arbitrator with
substantial experience in
resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate
list of JAMS arbitrators. For information about the JAMS, its Rules, and fees for consumer disputes, see the
JAMS’ arbitration page at https://www.jamsadr.com/arbitration.
If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration
Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines
that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally
fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues
are for the arbitrator to decide, including, but not limited to, issues relating to the scope,
enforceability, and arbitrability of this Arbitration Agreement. The arbitrator will apply applicable
substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to
suit.
Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper
jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules, unless
otherwise provided in this Arbitration Agreement. The parties also agree that a good-faith challenge by
either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this
Arbitration Agreement while such challenge remains pending before JAMS, the arbitrator, and/or a court of
competent jurisdiction, and that any due dates for those fees shall be tolled during the pendency of such
challenge.
D.Right to Opt Out of Arbitration
You have the right to opt out of arbitration and not be bound by the arbitration provisions set forth in
this Section 19 within 30 days of first becoming subject to this Arbitration Agreement. To opt out, you must
send written notice of your decision to opt out to arbitrationoptout@oc.netease.com or to our mailing
address no later than 30 days after first becoming subject to this Arbitration Agreement. If you opt out of
only the arbitration provisions, and not also the class action waiver, the class action waiver still
applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you
opt-out of these arbitration provisions, Shattershock also will not be bound by them.
E.Confidentiality & Severability
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be
strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (except for
Subsection B above) is invalid or unenforceable, the parties agree to replace such term or provision with
one that is valid and enforceable and that comes closest to expressing the intention of the invalid or
unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a
court or the arbitrator decides that any provision of Subsection B is invalid or unenforceable, then the
entirety of this Arbitration Agreement shall be null and void, unless such provision is deemed to be invalid
or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms will
continue to apply.
F.Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, if we make any future change to this
Arbitration Agreement while you are a user of the Site, you may reject any such change by sending us a
written notice within thirty (30) calendar days of the change to arbitrationoptout@oc.netease.com. By rejecting any
future change, you are agreeing that you will arbitrate any dispute between us in accordance with the
language of this version of the Arbitration Agreement as of the date you first accepted these Terms (or
accepted any subsequent changes to these Terms).
20. COPYRIGHT INFRINGEMENT NOTIFICATION
If you believe that content you find on the Site infringes a copyright, please send a copyright
infringement notification to the Copyright Agent listed below. To be effective, the notification must be in
writing and contain the following information:
- 1.Your full name, address, telephone number, and email address;
- 2.Identification of the copyrighted work you claim has been infringed, or if multiple works on the Site
are covered by a single notification, a representative list of such works;
- 3.Identification of the material you claim is infringing, and information reasonably sufficient to
permit
us to locate the material;
- 4.A statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
- 5.A statement by you, made under penalty of perjury, that the information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- 6.The electronic or physical signature of the person authorized to act on behalf of the copyright owner.
A notification of claimed copyright infringement should be emailed to Shattershock’s Copyright Agent at copyright@oc.netease.com. You may also contact us by postal
mail at: Shattershock Copyright Agent, 1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street, Upper,
Dublin 1, Ireland D01 YC43.
21. MISCELLANEOUS
Shattershock shall not be liable for any failure to perform its obligations hereunder where such failure
results from any cause beyond Shattershock’s reasonable control. No agency, partnership, joint venture, or
employment relationship is created as a result of these Terms. Our Terms are written in English (United
States), and any translated version is provided solely for your convenience. To the extent any translated
version of our Terms conflicts with the English version, the English version controls.
