TERMS OF USE

1.

YOUR AGREEMENT AND ACCEPTANCE

1.1

By entering, using and/or visiting this and our other websites (collectively, including all content available on or through our websites such as our Game (as defined below), to be referred to as the "Website"), you agree to these terms and conditions (as may be amended or revised from time to time) (the "Terms of Use”), and to the Privacy Policy (click here to view) and Content and User Submissions Rules (click here to view), and any other terms and conditions incorporated hereunder (this “Agreement”).

1.2

By entering, using and/or visiting our Website, you are confirming that YOU ARE 13 YEARS OF AGE AND ABOVE and are fully able and competent to enter into and be bound by this Agreement. IF YOU ARE BELOW THE AGE OF 13 YEARS, PLEASE OBTAIN THE CONSENT OF YOUR PARENT OR GUARDIAN. In such instance, the legal parent or guardian hereby warrants and represents that he/she is aware and agrees that he/she and his/her child or (as the case may be) ward will be bound by this Agreement and further hereby guarantees the obligations of his/her child or (as the case may be) ward under this Agreement.

1.3

You agree that the laws of the Republic of Singapore will govern this Agreement, and further agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore for any dispute in relation to or involving the Website.

1.4

You warrant and represent that you are fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. You further agree that you fully understand the contents, meaning and impact of this Agreement and warrant and represent that you are fully able and competent to enter into and be bound by this Agreement.

1.5

The Website is controlled and offered by us from our facilities in the Republic of Singapore. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws.

1.6

You are only authorised to use the Website if you agree to abide by this Agreement. Please read these Terms of Use carefully as your entry, access and use of the Website is governed by these Terms of Use and by entering, accessing and using the Website, you agree to and accept the terms and conditions contained herein. If you do not agree with or to these Terms of Use, you must immediately leave the Website and discontinue using it and any of the services provided therein.

1.7

In order to participate in certain activities or services offered on the Website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions and rules applicable to such services in which you choose to participate.

1.8

These Terms of Use and any other terms and conditions of this Agreement may be amended or revised from time to time at any time without notice, and such amendment or revision shall be effective and binding upon posting onto the Website. It is therefore important that you review the Terms of Use regularly to ensure you are updated as to any changes. Your continued use of the Website signifies your agreement to and acceptance of any revised terms and conditions.

2.

WEBSITE ACCESS, REGISTRATION AND USAGE

2.1

We grant you permission to access and use (i) the Website; and (ii) the content on the Website including (but not limited to) the Game (as defined below), text, software, scripts, image, graphics, sounds, music, videos, interactive features, other audio or visual content or any other data or content in any media or format (collectively, the "Content"), strictly in accordance with these Terms of Use, provided always that:

a) your use of the Website and the Content as permitted is strictly and solely for your personal and non-commercial use, in particular, for your information and educational use (“Approved Use”);
b) you will not sell, copy, reproduce, distribute, transmit, broadcast or adapt any part of the Website and the Content in any medium or format without our prior written consent;
c) upon notice from us, you will forthwith cease the use of and delete or otherwise remove any Content from your premises, computer system or other forms of storage or databases (whether physical or electronic); and
d) you will otherwise comply with the terms and conditions of these Terms of Use.

2.2

In order to participate in certain activities or services offered on the Website or to become a member, you have to register with us to create an account. Each registration is for a single user only, and on registration, you will provide your email address and password (collectively, your “ID”). Sharing of registered accounts and/or ID on the Website, accessing the Website through a single ID made available to multiple users on a network, and unauthorised use of another’s ID is prohibited. In the event of inappropriate or unauthorised ID use or any other breach of this Agreement, we may terminate, restrict or suspend (for such period and on such terms, if any, as we deem fit or necessary) your account with, and/or access to, the Website without any liability whatsoever.

2.3

When registering to create your account, you represent and warrant that all registration information you submit is accurate, truthful, complete and lawful. You further warrant that you will maintain the accuracy of such information and update the information as and when necessary.

2.4

You are solely responsible for all activity that occurs on your account, for all use of the Website by you or anyone else using your ID, for preventing any unauthorised use of your ID and for maintaining the confidentiality of your ID and keeping it secure. You agree not to use the registered account and/or ID of another member at any time or to disclose your password to any third party. Please notify us immediately if you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID.

2.5

You agree not to collect or harvest any personally identifiable information, including any IDs or other account details from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to all or any materials submitted by them.

3.

INTELLECTUAL PROPERTY RIGHTS

3.1

All rights in (i) the Content; and (ii) the trade dress of the Website and any and all trade marks, service marks and logos contained therein (collectively, the "Marks"), are owned by or licensed to us and/or our related entities, and/or subject to copyright and other intellectual property rights under Singapore and foreign laws and international conventions acceded to by Singapore.

3.2

Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, copy or imitate any Marks without the prior written consent of the relevant owner. We reserve all rights not expressly granted in and to the Marks.

3.3

The Content on the Website is provided to you as is for Approved Use only, and may not be used, sold, copied, reproduced, distributed, transmitted, broadcast, displayed, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent or our related entities and the respective rights owners, unless otherwise expressly provided in the descriptive text accompanying the Content. We reserve all rights not expressly granted in and to the Website and the Content. Without prejudice to the aforesaid or any other terms in this Agreement, if you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any and all security related features of our Website or any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

4.

GAMES

4.1

Your license to participate in any games provided on this Website (each a “Game”) is limited by the terms and conditions of this Agreement or any other additional terms and conditions and rules in relation to software required to be downloaded for any Game and the rules of each Game. These include without limitation, the following:

a)

All rights in the Games belongs to us or our licensors. You may not:

(i)

create any derivative works based on any Game, without our prior express written permission; and

(ii)

host, provide matchmaking services for, or intercept, emulate or redirect the communication protocols used by us as part of any Game, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying the Game, adding components to the Game, or using a utility program to host the Game.

b)

You agree that you will not (i) modify or cause to be modified any files that are a part of any Game installation; (ii) create or use cheats, "mods", and/or hacks, or any other third-party software designed to modify the Game experience; or (iii) use any third-party software that intercepts, "mines", or otherwise collects information from or through any Game. Notwithstanding the foregoing, you may update any Game with authorized patches and updates distributed by us.

c)

You may not institute, assist, or become involved in an attack upon any Game server or which results in the disruption of any other player's Game experience. ANY ATTEMPT BY YOU (OR THROUGH YOUR ID OR ACCOUNT OR OTHERWISE TRACEABLE TO YOU) TO DAMAGE A GAME SERVER, DISRUPT THE GAME PLAY OR UNDERMINE THE LEGITIMATE OPERATION OF A GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTEMPT BE PROVIDED, WE RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

d)

Each Game is governed by certain rules governing conduct and game play that must be adhered to by all users. It is your responsibility to know, understand and abide by these rules. The rules for each Game are not meant to be exhaustive, and we reserve the right to determine whether any conduct falls outside the spirit of the Game or whether any act otherwise breaches such rules and we reserve the right to take such disciplinary measures as we see fit including termination and deletion of your account/profile. We reserve the right to modify any set of such rules pursuant to these Terms of Use.

e)

We do not recognize any property claims outside of a Game or the purported sale, gift or trade in the "real world" of anything related to a Game. Accordingly, you may not sell any in-game items or character upgrades for "real" money or exchange any of the aforesaid outside of the Game.

f)

In accessing any Game and/or using any of the services, you agree not to:

(i)

submit, upload or transmit any material that is defamatory, abusive, threatening, obscene, indecent, which infringes the rights of any third party, or which is unlawful in any jurisdiction;

(ii)

transmit or upload any material that contains any virus, trojan horse, worm, time bomb, cancelbot or any other harmful, disruptive or deleterious programs;

(iii)

transmit or upload any material protected by intellectual property rights or any other applicable law unless the all requisite consents and releases have been received; and

(iv)

attempt to seek unauthorized access to any database on or connected to this Website and/or the server.

g)

In order to assist us to police users who may breach the rules relating to game play or conduct or who "cheats" to gain an advantage over other players, you acknowledge that we shall have the right to obtain certain information from your computer and its component parts, including your computer's random access memory, video card, central processing unit, and storage devices. This information will only be used for the purpose of identifying such users and for no other reason. Please also see our Privacy Policy (click here to view).

h)

Without prejudice to the generality of Clause 1.8, we reserve the right to amend or revise access rules, the availability of any Game (as defined below) feature, hours of availability, content, data, software or equipment needed to access any Game, the amount of, or basis for determining, any fees or charges for any Game, and institution of new fees or charges for any Game effective upon prior notice. We will post notification of any material changes to a Game or its terms of use on the Game website, and may provide such other notice as we may elect in our sole and absolute discretion, which may include by email, postal mail, pop-up screen, or in-game notice. If any future changes are unacceptable to you or cause you to no longer be in compliance with the terms and conditions of this Agreement, you may cease to use your account and terminate the account. The continued use of Game by you following notice of any such changes will mean you accept any and all such changes.

5.

DISCLAIMER AND LIMITATION OF LIABILITY IN RELATION TO THE GAMES

5.1

WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES (STATUTORY OR OTHERWISE) WITH RESPECT TO EACH GAME, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ITS CONDITION, USE, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT OF ANY RIGHTS.

5.2

IN NO EVENT SHALL WE (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES HOWSOEVER RESULTING FROM ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM OR OTHERWISE IN CONNECTION WITH THE ACCESS, USE OF OR INABILITY TO USE ANY GAME OR INTERRUPTIONS OR STOPPAGE OF SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY A GAME SERVER. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

6.

GENERAL WARRANTY AND DISCLAIMER

 

YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

(A)

ERRORS, MISTAKES, OR INACCURATE OR INAPPROPRIATE CONTENT;

(B)

DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;

(C)

ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION, OR ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

(D)

ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EQUIPMENT DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE;

(E)

ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR

(F)

ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR AS A RESULT OF THE USE THEREOF
 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE ARE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE ACQUISITION OF INFORMATION AND PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT, EXERCISE CAUTION WHERE APPROPRIATE, AND IF NEED BE, SEEK INDEPENDENT LEGAL ADVICE.

7.

GENERAL LIMITATION OF LIABILITY

 

IN NO EVENT SHALL WE (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES HOWSOEVER RESULTING FROM ANY:

(A)

ERRORS, MISTAKES, OR INACCURATE OR INAPPROPRIATE CONTENT;

(B)

DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;

(C)

ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

(D)

ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;

(E)

ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR

(F)

ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT UPLOADED, POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR AS A RESULT OF YOUR USE THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

WE DO NOT ASSUME ANY RESPONSIBILITY FOR MONITORING THE WEBSITE FOR INAPPROPRIATE CONTENT OR CONDUCT. WHILST WE ENDEAVOUR TO MONITOR THE WEBSITE, WE NONETHELESS ASSUME NO RESPONSIBILITY FOR THE CONTENT, NO OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE CONTENT, AND NO RESPONSIBILITY FOR THE CONDUCT OF THE USER SUBMITTING ANY SUCH CONTENT. YOU ARE SOLELY RESPONSIBLE FOR PROCURING AND ENSURING THE PROCUREMENT OF ANY AND ALL NECESSARY LICENSES, PERMITS AND RELEASES FROM ANY INDIVIDUALS AND/OR ENTITIES IN CONNECTION WITH YOUR USE OF ANY CONTENT.

YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR OUR RELATED ENTITIES, SHALL BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

8.

INDEMNITY

 

You agree to defend, indemnify and hold harmless us, our affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:

(a)

your use of and access to our Website;

(b)

your violation of any term of this Agreement;

(c)

your violation of any third party right, including without limitation any intellectual property, property, or privacy right; or

(d)

any claim that one of your User Submissions caused harm, damage or offence to a third party. This Clause will survive these Terms of Use and your use of our Website.

9.

ASSIGNMENT

 

These Terms of Use, and any rights granted under this Agreement, may not be transferred or assigned by you, but may be assigned by us without any restriction whatsoever.

10.

GENERAL

10.1

We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) at any time without prior notice and at our sole discretion. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any loss of Content arising or resulting from such modification, suspension or discontinuance of the Website.

10.2

The Website may contain links to other websites or resources. We are not responsible for the availability of such external websites or resources, do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such external website or resource

10.3

These Terms of Use, together with our Privacy Policy (click here to view), Content and User Submissions Rules (click here to view) and any other terms and conditions incorporated hereunder, shall constitute the entire agreement between you and us concerning our Website.

10.4

The headings and section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

10.5

These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.

10.6

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision.

10.7

No third party shall have any right pursuant to the Contract (Rights of Third Parties) Act (Cap. 53B) of the Republic of Singapore to enforce any of the above terms and conditions.