Party B is the registered user of Party A i.e. this website (www.nibiruplayer.com, hereinafter referred as the website). Party B who wishes to apply to become a developer member of the developer column of the website, agrees to submit register information according the requirement of the website and agrees on this developer agreement.
This agreement is drawn on such affairs as Party A provides demonstrating Android game (hereinafter referred as app) service in its website developer column to Party B and Party B upload and manage app for website members to browse and download in website developer column. Party B has carefully red all the contents of this agreement, especially clauses marked by underline that Party B should pay more attention and may have great impact on its rights and obligations. If party B disagree with all or part of the content of this agreement, please do not register or use developer column service.
Ⅰ Developer Column Introduction
1.1 Developer column is a platform for Android game amateurs to release and use Android games. Android game development amateurs can release apps and get feedbacks and game players can get more apps through this platform.
1.2 Developer column welcome developers to join in and register as developer members. Developer members enjoy the rights of management and the income of apps consigned in the website.
1.3 Developer column name and location, etc may change due to adjustment or revision of the website. Because of website maintenance or other unpredicted situation, website service may break off.
Ⅱ Member Registration
2.1 Registration Procedure: Party B can complete registration procedure by submitting personal information. As soon as the registration procedure is completed, Party B and Party A have come to the agreement and Party B willingly accepted all the contents of this agreement. If Party B does not accept this agreement, registration procedure cannot be completed and Party B cannot become a developer member of this website.
2.2 Personal Information: When registering Party B should provide all personal information such as real name, accurate contact, bank account, etc. Party B has the responsibility for the accuracy and validity of provided information. If Party B’s registration information changes, Party B should inform Party A immediately. Otherwise Party B should take related consequences.
2.3 Account and Password Safety: As soon as Party B has completed registration procedure of developer member, Party B will acquire a user account authorized by the website and a password set by Party B. Party B should safeguard the account and password by itself and take the risk of improper storage and account and password leak. Party A regards any instruction and operation from Party B’s account as Party B’s unless Party B has informed Party A that Party B’s account and password are leaked and are verified by Party A.
2.4 Use rules: developer members should abide by the rules of the website, principles and requirements of the forum except this agreement.
Ⅲ Cooperation Contents
3.1 Party A sets developer column in the website and provide corresponding function and service for Party B to release and manage its apps. Party B applies to become a developer member and release apps for players’ browse and download.
3.2 Party B agrees to authorize Party A to provide Party B’s apps in the website and Party A do not need to pay any charge. If Party A add charge system (charge for users' download) in the free environment, and Party B are willing to continue cooperation, the two sides should negotiate the charge affair separately. However, if Party A carries out charge policy and does not provide free service and Party B refuses to join in charge system, this agreement will end automatically.
3.3 For the apps Party B have released in developer column, Party A has the right to promote and release in other columns in the website and other websites.
Ⅳ App Release and Management
4.1 Requirements for Apps: arty B should take the full responsibility for the apps it released. The responsibility includes but is not limited to violation of the provisions of the national laws and regulations, or infringes upon the lawful rights and interests of other third party. To be responsible for website users, Party A will carry out necessary review (reviews in the following document all refer to reviews on the two parts) on the legality and functionality of the apps Party B released. Party B guarantees that the apps it released meet the following requirements:
4.1.1 Requirement of Legality
A The content of the app shall not in violation of national laws and regulations, the provisions of the regulations for computer software, programs, and not do harm to the Internet security, user device, information security and other possible security threats. For instance, the content of the app shall not contain any viruses, trojans and other malicious code or function, or they may result in device or function breakdown.
B The content of the app shall not contain contents in violation of the national laws and regulations, regulations prohibited or restricted contents, including contents that harm national security, propagate obscenity, gambling, violence, or insult and slander other people.
C Provisions of state laws and regulations of other nations.
4.1.2 Requirement on Functionality
A Apps can run normally after installation.
B Functions of the app should be in accordance with its instruction and UI contents should be in accordance with its function.
C The function of the app shall not contain the automatic billing program without permission from the user, or spam sending procedures that infringe upon the lawful property right, free choice right and other rights.
4.13 Requirement on Intellectual Property Right Party B promises to provide apps that in accordance with the following requirements, and bear all legal responsibilities.
A party B promises its apps released are the independently developed or authorized by co-developers, or authorized by the copyright owners, that means Party B should be the copyright owners or the authorized person of the apps
B Party B promises the apps, app contents or app instructions are not against the other third party’s copyright, patent, trademark, trade secrets and other intellectual property rights.
4.2 App Release Procedure
4.2.1 App upload：Party B should upload app in the form of apk file and fill in related information. The information includes but is not limited to package name, version code, sdk version, etc. The content of app should be in accordance with filled information.
4.2.2 App review：Party A should review Party B’s app according to the requirement of this agreement. If app passes the review, it can be released, but if the review failed, Party A will inform Party B and the app shall not be released. If Party B modifies the app according to Party A’s request, Party B can apply for a second review. Due to technology limitation, if party A discovers situations that do not meet the above requirements after the app had released, Party A still has the right to cancel the release.
4.2.3 App release：Apps that have passed Party A’s review can be released in developer column or specific columns in other websites and Party B can manage the apps independently.
4.2.4 App update and maintenance：If Party B updates the app version, the released app should also be updated. If users need consultation or help, Party B should take the responsibility for providing consultation or solution.
4.3 App Management
4.3.1 App Management of Party A
A Review before release: Except carrying out app review before app release according to this agreement, Party A should confirm the copyright of Party B’s app according to APK claim procedure if the package name of apk file is not unique.
B Supervision and verification after release: Party A can still review the validity and functionality of released app according to this agreement. Besides, if there are complaints on the released app, Party A has the right to pause release before the complaints are confirmed.
C Perform information and deletion obligation: In accordance with the provisions of the "Regulations for the Protection of Information Network Transmission Right" and "Tort Liability Act", if there is any claim on the copyright of the app that Party B released, Party A will immediately cancel the release of the app.
4.3.2 Party B’s management of app：Party B can get the following management function via Party A’s website.
A Check app download information, user comments and provide feedback to end users.
B Edit app, update app version and cancel app release. App version update and app release cancel should be carried out after Party A’s review according to this agreement.
4.4 App authorization Party B authorizes Party A to provide Party B’s released app to users for browse and download in Party A’s website and future new-added columns. Party B grants Party A enjoys the reproduction rights, distribution rights, and the information network dissemination right. The above rights are limited to be used within the scope of this agreement for cooperation. The above authorization is not restricted by geography or time limit.
Ⅴ Intellectual Copyright and Guarantee
5.1 Statement and Guarantee of Both Sides
5.1.2 Both sides are legally incorporated and validly existing independent legal person or organization or full civil capacity person, having the right so sign this agreement
5.1.3 Both sides are qualified to engage in business cooperation in this agreement and the cooperation does not violate any legal document that restrains this agreement
5.14 Party B guarantees that its apps do not have ownership disputes do not infringe the rights of any third party, Party B should undertake all the legal responsibility of Party A prosecuted by the third party due to app flaw, disputes or other reasons.
5.2 Intellectual copyright statement and ownership
5.2.1 Party B or the app copyright owner has the intellectual copyright of the app that Party B uploaded. The intellectual copyright includes but is not limited to patent, trademark and copyright.
5.2.2 Party A's website page design, website content (including but not limited to software, text, images, audio and video data) except where otherwise stated, the copyright are attributable to the Party A. Without Party A's authorization, any person shall not reproduce, copy or post links in other ways, use, and dissemination. Party A and / or related rights owners has the right of design drawings and other drawings, product and service names, trademark, or other identification. No person shall, without the written permission, use or reproduce for other purposes.
6.1 All non-public material and information that Party A delivers to Party B and vice verse are regarded as confidential information, which includes but is not limited to commercial secrets, computer programming, technology, process, data, business plan and product development, customer information, etc and this agreement’s signing and performance. Both parties should undertake the obligation to keep confidential. Without the written consent of the other party, any party shall not duplicate, copy, disclosure the confidential information except the information required by the provisions of the law and the government departments of the other party, otherwise, it should be liable for the losses caused to the other party.
6.2 Both parties shall in accordance with the agreed purpose, use, in a reasonable way to acquire and use of confidential information of the other party, and to take reasonable measures to prevent information leakage.
6.3 The obligations shall not terminate due to termination of this agreement. The obligations shall terminate until the confidential information enters into the public domain or the other party.
Ⅶ Liability for Breach of Agreement and Termination of Agreement
7.1 Party B ensures that there is no ownership dispute and no infringement of any third party for the apps it uploaded. Party B shall assume all legal responsibility that Party A be prosecuted by third party due to the right flaw, disputes or other reasons of the app. When the app exists right flaws, Party A has the right to unilaterally cancel the app immediately and cancel this agreement.
7.2 If the app released in the website infringes user’s lawful interests or violates national laws or regulations, Party B shall bear the consequence. If the infringement causes losses to Party A, Party B shall compensate Party A and Party A has the right to unilaterally cancel this agreement.
7.3 Any direct or indirect violation of any provision of this agreement, or not assume or not timely, fully assume any obligation in this agreement shall constitute a breach of agreement. The non-defaulting party shall be entitled to notify the defaulting party in writing form to correct such breach and take the full, effective and timely measures to eliminate the consequences of the default, and compensate don-defaulting party’s losses. If the defaulting party does not correct the breach upon the receipt of Party A’s notification within 10 days. The non-defaulting party shall be entitled to unilaterally cancel the agreement, and to hold the defaulting party's liability for breach of this agreement.
7.4 After the infringement happens, the non-defaulting party is entitled to in written form notify the defaulting party to terminate this agreement if the infringement has caused Party A’s unfair obligation through Party A’s reasonable and objective judgment. The defaulting party shall compensate the non-defaulting party losses.
7.5 This agreement is drawn in accordance with law, if one party requires terminating this agreement; it shall issue a formal notice to the other party one month in advance. This agreement terminates from the date notice of termination was given.
Ⅷ Force Majeure
8.1 Definition: The term "Force Majeure" in this agreement means and includes the causes beyond the reasonable control of the Party so affected, including, but not limited to, war(declared or undeclared), natural disaster, government act, hacker attack and communication network interruption, etc.
8.2 Legal consequence：If any party is prevented from performing the obligation by force majeure, shall be waived some or all the responsibility according to actual situation. However, the party affected by force majeure should notify the other party after the occurrence with a written notice. The party affected should take prompt action to prevent the expansion of the losses. The party affected should compensate the loss if necessary action is not taken or the action is not proper. After the force majeure event is cleared, if the affected party can continue to perform obligation, it should notify the other party immediately in the written form and if the other party agrees to continue this agreement, this agreement continues. However, if the party affected infringes the agreement before the force majeure, its consequence should not be excused.
Ⅸ Dispute Settlement
9.1 If disputes occur, the two parties shall resolve with friendly consultation. If no consultation is made, the dispute shall be settled in court of the people's Court in Party A’s place.
Ⅹ Period of Validity
10.1 This agreement comes into force when developer clicks "I agree developer cooperation agreement”, and terminates from one party with a written notice to the other party of the termination date, or in accordance with the provisions of Article 3.2 of this agreement, this agreement automatically terminates.
11.1 This agreement is signed in electronic form and Party A has the right to modify this agreement according to business. Once any clauses change, the website will remind the modified contents and the modified contents will be published for a period of time. If Party B does not agree with the modification, Party B shall notify Party A to terminate this agreement and remove its app.
Upon the expiration of the period of the modification notice, Party B continues to use the website to provide developers related services and functions or does not remove its app, Party B is regarded as agree and accept all modifications of the agreement, the two parties shall continue this agreement in accordance with the modified clauses.