CICC Comment on the Six Class of Unexplained Formats in the field of online game fields

Unexpected restrictions on accounts and virtual props use, the actual effects of game props are inconsistent with publicity, or the operator unilaterally changes the content of the game content ... For consumers, the six types of unfair format clauses in the field of online game fields are strongly reflected in the field of online game fields. On the 6th, the Consumer Association issued a review based on the recently carried out on the "unfair format clause" consumer cognition and clue collection survey.

Unexpectedly restricted account number and virtual props use

Terms: "If you have not used the game account for 7 consecutive days, the company has the right to take the game data and related information under the account and account without advance notice."

Comments: Online game users have the rights and interests of the accounts, characters and virtual property they have created, and this rights are protected by law. If the time interval of the online game operator recycled the account and delete specific data is too short, or take disposal measures without advance notice, it is unfair and unreasonable for users who have the right to use the account. Essence For example, in order to maintain the normal operation order and streamline the pressure of the server, the online game operator should set a reasonable retention period and design a sufficient prompt process.

The actual effect of the game props does not match the propaganda or the operator unilaterally changes the content of the game content.

Terms: "You agree with any content or constituent elements in the game (including but not limited to the characters, game equipment, art design, performance, and related data settings of game props, game props, game props, etc.) Or optimize, and will not investigate any legal responsibility of the company. "

Comments: According to the law, the operator should ensure that the actual quality of the goods or services it provides is consistent with the quality status of the indication. The game props sold to consumers online game operators should be consistent with the publicity and display, and should not be based on the actual actual purchase of consumers. Some online game operators even require consumers to summarize their authorization and agree that operators will unilaterally change the design and performance of the consumer purchasing game products unilaterally, and do not investigate any legal responsibilities, deprive consumers' options, fair transaction rights, etc., seriously serious Evil the legitimate rights and interests of consumers.

Remove the responsibility caused by online game operators' own fault

Terms: "Due to game software bugs, version update defects, etc., the company's account data or game data such as virtual items or game data will occur abnormal. The company has the right to restore the original state of the game account data to the abnormalities before the abnormal occurrence, without having to bear any responsibility for you. "

Comments: The responsibility caused by the exemption of online game operators is actually disguised and unreasonable to aggravate the responsibility of the user. rights and interests.

Eliminate online game operators' own legal obligations and responsibilities

Terms: "The company does not bear any responsibility for any products, information or information obtained by the company's advertisements and exhibitions issued by the company."

Comments: Online game operators cannot remove their responsibilities through the form of format clauses, and commonly include exempting their own information security responsibilities, exempting their own censorship of illegal information and reporting obligations, and exempting their own cautious inspection obligations for advertising.

Online game operators forcibly eliminate user rights

Terms: "All rights such as text, pictures, audio and video materials created by users in this product are owned by all rights such as intellectual property rights of audio and video materials. Without the company's permission, the user shall not or authorize any third party to use it directly or indirectly in any form."

Comments: Intellectual property rights, privacy rights, etc. are the main rights that users should have enjoyed, excluding the intellectual property rights owned by the user's creation and excluding user privacy rights. Invalent clauses.

Online game operators have the right to interpret or final interpretation

Terms: "The final interpretation of the game content and the content of this agreement is owned by the company."

Comments: The format contract terms are unilaterally formulated by the operator and did not solicit the opinions of the counterpart beforehand. Therefore, the proper principle of fairness should be followed and the meaning of the format contract terms should be clear. During the performance of the contract, if the two parties have controversial the understanding of the contract terms, the parties of the contract shall be resolved by the parties of the contract, and the parties shall not be arbitrarily arbitrarily, and the rights of consumers shall be ruled out by the format terms.

According to Xinhua News Agency

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