1.1The terms as hereafter set forth (this "Agreement") set out the basis upon which Digital Games International Pte. Ltd. and its affiliates and subsidiaries (individually and collectively, "GamesCo", "we", "us", or "our" as the context requires) makes available to you:
(a) our website and/or application, and such functionalities, services or features offered in connection thereof ("Platform"); and
(b) any other websites or services that link to this Agreement, regardless of how you access or use them, including through mobile devices,
(collectively, the "Services").
1.2A reference to the "Services" includes but is not limited to any services provided or through the Services, and all material (including information, data, text, messages content, images, links (including links to third party sites), sounds, graphics, RSS, API, software, other downloadable materials, and/or video sequences displayed therein), documentation, policies, media, or services and/or other content (including, without limitation, third party content, ancillary information and metadata) made available by or through us, including any updates, improvements, enhancements or modifications thereto made by GamesCo ("Content").
1.3In this Agreement, the individual, entity or person to whom this Agreement apply to shall hereinafter be referred to as "you" or "your" as the context requires.
1.4IF YOU ARE YOUNGER THAN 18 YEARS OLD OR THE RELEVANT "AGE OF MAJORITY" WHERE YOU LIVE ("Child"), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT, THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS AGREEMENT AND YOU CAN USE THE SERVICES ONLY IN CONJUNCTION WITH AND UNDER THE SUPERVISION OR CONSENT OF A PARENT OR LEGAL GUARDIAN. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE "AGE OF MAJORITY" WHERE YOU LIVE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES, WHETHER THE MINOR'S ACCOUNT IS NOW OPEN OR CREATED LATER. BY CONTINUING TO ACCESS OR USE THE SERVICES OR OPENING AN ACCOUNT, YOU ARE DEEMED TO HAVE READ AND ACCEPTED THE AGREEMENT AND YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OLD, THE RELEVANT "AGE OF MAJORITY" WHERE YOU LIVE OR HAVE OBTAINED PARENTAL CONSENT FOR THE ACCESS OR USE OF THE SERVICES. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE OUR SERVICES (OR IMMEDIATELY DISCONTINUE YOUR ACCESS OF THE SAME). Our Services are not designed to attract Children. We do not knowingly or wish to collect personal data from such Children. If we learn that a Child is using the Services, we may prohibit and block such use and may make reasonable efforts to delete such Child's personal data stored with us. If you believe that we might have any such personal data, please contact us by email at firstname.lastname@example.org.
1.5We may change this Agreement from time to time without providing notice to its users. It is your responsibility to check this page regularly to make note of any changes. By you continuing to use the Services after any such amendment, you agree to be bound by the Agreement as so amended.
2Your Use of the Services
2.1Subject always to your continuing compliance with the terms of this Agreement, we agree to grant you a non-transferable, non-exclusive limited right and licence, solely as permitted in this Agreement and associated policies to:
(a) access and use the Services on any compatible device owned by you;
(b) store and download the Services in electronic form any compatible device owned by you or as otherwise authorised as part of the Services (but not on any server or other storage device connected to a network);
and only for your personal non-commercial purpose, on and subject to the terms of this Agreement. All other rights not expressly granted to you are reserved by GamesCo. Any third-party scripts or code, linked to or referenced from the Services, may be licensed to you by the third parties that own such scripts or code, not by GamesCo.
2.2You undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):
(a) decompile, reverse engineer or otherwise attempt to discover the source code of our Services or any components thereof, except under any specific circumstances expressly permitted by law or by us in writing;
(b) communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Services;
(c) sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign any Content to any third party that you may obtain through the Services except as specifically permitted and only in the exact manner provided.
(d) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable law, including infringement of our intellectual property rights or those of any third party in relation to the Services;
(e) use the Services in a way that could damage, disable, impair or compromise the Services (or the systems or security of the Services or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of Services;
(f) use the Services or any Content in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any Content that is presented to you in streaming format.
(g) use Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner provided.
(h) attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to any Content or the Services.
(i) remove any watermarks, labels or other legal or proprietary notices included in any Content, or attempt to modify any Content obtained through the Services, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content.
(j) use any automated process, use any kind of scripting software or bots or service to access and/or use the Services;
(k) collect or harvest any personal data of any user of the Services, including but not limited to account names, GamerTags and profile information;
(l) reproduce, adapt, republish, translate, publish, display, communicate, hyperlink, post, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit the whole or any part of the Services in any manner or by any means or stored in an information retrieval system except to the extent permitted and with our prior written permission and/or that of the relevant rights owner; and
(m) reproduce, display or otherwise provide access to the Services on another website, platform, application or server, for example through framing mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission.
2.3You further undertake to:
(a) at your sole responsibility and at your own cost:
(i) obtain all necessary hardware, software and communications services necessary for your use of the Services;
(ii) install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of the Services; and
(iii) make back-ups of data or other content posted via the Services, as these may be subsequently deleted by us or our service providers at any time without notice to you; and
(b) comply with all applicable laws.
2.4You agree and acknowledge that:
(a) you must comply with any additional age restrictions that might apply for the use of specific Content or features on the Services;
(b) any posting of reviews on the Services is subject to any policies that GamesCo may specify from time to time in its sole and absolute discretion;
(c) we may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the Services and shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing the Services;
(d) the Services will use transmissions over the Internet which are never completely private or secure. You understand that any personal data, message or information which you send in the course of the use of the Services may be made public on the Services, and also read or intercepted by others. Use of the Services is entirely at your own risk;
(e) to protect you against malicious third party software, URLs, and other security issues, GamesCo may receive information about your device's network connections, potentially harmful URLs, the operating system, and apps installed on your device through the Services or from other sources. GamesCo may warn you if it considers an app or URL to be unsafe, or GamesCo may remove or block its installation on your device if it is known to be harmful to devices, data or users. You can choose to disable some of these protections in the settings on your device, however, GamesCo may continue to receive information about apps installed through the Services, and apps installed on your device from other sources may continue to be analysed for security issues without sending information to GamesCo;
(f) we shall be entitled at our sole and absolute discretion (but not the obligation), upon complaint or of our own motion, to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third party rights, or for any reason whatsoever. Any editing or removal of any such content from the Services shall be without prejudice to our other rights and remedies available at law;
(g) all title, ownership rights and the intellectual property rights connected with the Services (including, but not limited to any documents or data in any format, news articles, photographs, images, illustrations, audio clips, video clips, titles, computer code, objects, themes, characters, character names, stories, dialogues, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, "applets" incorporated in the Services, and any related documentation) are the property of GamesCo and where applicable, the third party proprietors credited as the provider of such materials and Content in the Services. You shall at all times abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Services;
(h) the licences granted herein do not confer on you any rights to use any other intellectual property rights of GamesCo and/or the relevant third party proprietors, including in the Content, GamesCo logo and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Services, all of which are and remain the property of GamesCo and/or the relevant third party proprietors (as the case may be);
(i) we shall have the right to at any time and from time to time:
(i) automatically update the Services and its components, add or remove functionalities, features or services (collectively, "Services Functions"), vary user account rights or impose user account restrictions, resource limits or suspend or terminate Services Functions and/or user rights; and
(ii) deny or restrict access to the Services or any Services Functions whether to any user or generally, or to block access from or to any resources, at any time, including in the event of a violation or alleged violation of this Agreement, your act or omission that causes harm to GamesCo's or its affiliates' brand, reputation or business as determined by GamesCo in its sole and absolute discretion, without ascribing any reasons whatsoever,
and in any such event, you agree that no claims shall lie against us or our agents or our service providers in connection therewith;
(j) any Content submitted by you on or through the Services shall be governed by Clause 7; and
(k) none of the Services or Content are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Services or Content could lead to death, personal injury, or severe physical or environmental damage.
(l) Subject to sub-clause (m) below, all graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Platform are trademarks or trade dress of GamesCo. GamesCo's trademarks and trade dress may not be used in connection with any product or service that is not GamesCo's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GamesCo. All trademarks and logos on the Platform may not be copied, imitated or used, in whole or in part, without the prior written permission of GamesCo or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any GamesCo logo, name, trademark or product or service name without GamesCo’s prior written permission. In addition, the look and feel of the Platform, including all page headers, custom graphics, buttons, icons and scripts, is the service mark, trademark and/or trade dress of GamesCo and may not be copied, imitated or used, in whole or in part, without GamesCo’s prior written permission.
(m) All other trademarks not owned by GamesCo that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, endorsed or sponsored by GamesCo. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply: (i) endorsement, sponsorship or recommendation thereof by GamesCo; or (ii) endorsement, sponsorship or recommendation of any GamesCo platform, product or service by the owner of such products, services, processes, trade name or trademark.
2.5You further agree and acknowledge that with respect to the provision of Content on or through the Services the availability of Content and features will vary between countries and not all Content or features may be available in your country and GamesCo may from time to time place limits on the number of devices or software applications you may use to access Content.
2.6Notwithstanding anything to the contrary in this Agreement, the third parties who license their Content to GamesCo are intended third party beneficiaries under this Agreement solely with respect to the specific provisions of this Agreement that directly concern their Content ("Third-Party Provisions"), and solely for the purpose of enabling such third parties to enforce their rights in such Content. For the avoidance of doubt, nothing in this Agreement confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in this Agreement.
If in connection with your use of the Services, you sign up or register for an account on the Services, the following terms shall apply:
(a) You shall create log-in credentials by selecting a password and providing a valid phone number and such other registration information as required from time to time, all of which must be accurate and updated.
(b) You must not use log-in credentials nor any registration information that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach by you of this Agreement, which may result in immediate termination of your account.
(c) You shall not provide, distribute or share, or enable the provision, distribution or sharing of, your log-in credentials (or any data from the Services associated therewith) with any third party.
(d) We will treat all data and information provided by you as well as interactions with the Services to have been provided or carried out by you without further inquiry or investigation. We may also prescribe other security procedures applicable to the Services, which you must comply with.
(e) You shall, in your sole responsibility, maintain the confidentiality of your account information for the Services (including any user IDs and passwords) and you will be responsible for any disclosure or unauthorised use thereof. You shall not at any time disclose such account information to any other party.
(f) We shall not be responsible or liable for any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of your account information. If you believe that the security of your account information has been compromised, you shall change your log-in information as soon as practicable and forthwith notify us immediately.
(g) You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use and viewing of Content and Services.
(h) We take certain industry-accepted precautions to secure the Platform. However, you agree that such precautions do not guarantee that use of the Platform is invulnerable to all security breaches, nor do we make any warranty, guarantee, or representation that use of the Platform is protected from all viruses, worms, Trojan horses, and other vulnerabilities.
(i) By signing up for an account through the Services, you represent and warrant that:
(i) you are of legal age or have the full right, power, and legal authority (and in the case of a minor, valid parent or legal guardian consent) to enter into this Agreement;
(ii) you will use the Services for lawful purposes only and in accordance with this Agreement and all applicable laws, rules, codes, directives, guidelines, policies and regulations;
(iii) you will only use the Services on a machine or device on which such use is authorised by the machine's or device's owner; and
(iv) you will not authorise other persons to use your account nor transfer or assign it to any other person.
We shall be entitled, in the exercise of our sole discretion, to (i) refuse your application or to terminate the use of your account if you fail to fulfil any one of the eligibility criteria above; and/or (ii) change the eligibility criteria for registration at any time.
(j) You may terminate your account at any time in such manner as may be prescribed by GamesCo from time to time.
(k) If your account is or remains inactive (which means you have not logged into your account) for more than 6 months, GamesCo has the right to delete, suspend, deactivate and/or terminate your account and any loyalty points in your account shall be forfeited.
(l) You may only use the Services and/or open an account if your applicable jurisdiction allows you to accept this Agreement.
4.3You warrant and represent to us that all personal data which is submitted to us by you through your use of the Services is complete, accurate, true and correct.
4.4GamesCo may need to provide your personal information, such as your name and mobile number, to the providers of any Third Party Content. Such providers agree to use this information in accordance with their privacy policies.
4.5The Services may provide links to external sites whose data protection and privacy practices may differ from those set forth here. We are not responsible for the content and privacy practices of these other websites and you agree to review and abide by the data protection and privacy notices of those sites.
4.6The Services may provide links to external sites which you may access. We are not responsible for the content of these other websites and you agree to review and abide by the copyright, trademark and other intellectual property notices of those sites.
4.8You hereby consent to GamesCo sending "push notifications" and SMS notifications to you or contacting you in any other manner at any time and from time to time in relation to your access to and use of the Services and/or the Content respectively. If you contact GamesCo via email, GamesCo may keep a record of that correspondence.
5Third Party Content
5.2You further acknowledge and agree that any use by you of any content submitted by any third party or which is made available through the Services (including Third Party Content) is entirely at your own risk. GamesCo does not verify and is not in a position to verify any party's rights to submit any content on the Services, and GamesCo takes no responsibility and assumes no liability, whether direct or indirect or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits or any other commercial damages or losses, for any content posted by you or any third party, or for your use of the same.
6Third Party Sites and Hyperlinks to Third Party Websites
6.1We may provide hyperlinks and references to third party sites (e.g. articles) which are neither maintained nor controlled by us. We have no control over such third party sites, and you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or materials on or available through such sites or resources, including Third Party Content or for any errors or omissions in the content, products or services of any hyperlinked website or any hyperlink contained in a hyperlinked web site. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site or resource.
6.2You further acknowledge that your access to and/or use of third party sites is entirely at your own risk, and that third party sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those sites and resources. You agree to comply with all terms and conditions, policies and notices of such third party sites, including in respect of privacy and intellectual property rights.
6.3We do not warrant that the third party sites will meet your requirements or that the same will not cause you any loss of any kind, and you agree that to the maximum extent permitted by law, GamesCo shall not be liable for any loss or damage of any kind incurred in connection with your use or reliance on any content, information or other materials on or available through such third parties.
7.1For the purposes of this Clause 7, "User Content" refers to any content created, submitted, transmitted, posted and/or uploaded by you on or through our services, including materials, information, news, advertisements, listings, data, input, text, songs, audio, videos, photographs, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, and other content, while "Third Party Content" means all Content which is not created, transmitted, posted and/or uploaded by you.
7.2By submitting User Content on or through the Services, you represent and warrant that you have all necessary permissions to grant the licenses below to GamesCo. You must not submit to the Service any User Content that does not comply with this Agreement or the law. For example, the User Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any User Content contribution. Any User Content is not considered confidential by GamesCo and may be disseminated or used by GamesCo or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to us or any of our users by any means.
7.3Specifically, you will not use the Platform to post, transmit, distribute, link to, or solicit content that:
• contains any advertising and promotional message;
• violates or infringes any applicable laws, regulatory requirements or codes;
• infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
• contains any obscene, offensive, defamatory or otherwise actionable material;
• undermines the security or integrity of the Platform, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
• contains any errors, whether technical or otherwise; or
• contains any material in any form that would otherwise render us liable or expose us to any proceedings whatsoever
You may not use any robot, spider, or other automatic or manual device or process to monitor or copy our web pages or any portion of the Content contained herein without our express written permission.
7.4Any ideas, suggestions, and feedback about GamesCo or our services that you provide to us are entirely voluntary, and you agree that GamesCo may use such ideas, suggestions, and feedback without compensation or obligation to you.
7.5You also grant each other user of the Services a worldwide, non-exclusive, royalty-free licence to access your User Content through the Service, and to use that User Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.
7.6Save as expressly allowed pursuant to Clause 7.4, you agree that no part of the Third Party Content may be reproduced, adapted, distributed, republished, translated, published, displayed, communicated, hyperlinked, posted, transmitted, broadcasted, podcasted, webcasted, distributed, sold, traded or exploited in any manner or by any means or stored in an information retrieval system except to the extent permitted and with our prior written permission and/or that of the relevant rights owner.
7.7You are solely responsible for making backups of any postings you make or any User Content you upload. We may move, remove or delete Content and forums at any time without notice to you.
7.8You are solely responsible for making backups of any postings you make or any User Content you upload. We may move, remove or delete Content and forums at any time without notice to you.
7.9We may however, in our sole and absolute discretion, screen, delete and/or remove any User Content if we receive a complaint from another user or a notice of intellectual property infringement or other legal instruction for removal, or which in our sole and absolute opinion violates this Agreement, or is otherwise illegal or objectionable, or any other reason as we may see fit. We may use automated systems that analyse your User Content to help detect infringement and abuse, such as spam, malware, and illegal content.
7.10We may also block communication by you (including but not limited to feedback, postings, messages and/or chats) to or from the Services as part of our effort in protecting the Services or our other customers, or otherwise enforcing the provisions of this Agreement.
You acknowledge and agree that GamesCo:
(a) does not endorse or recommend any products or services via the Services and that any arrangement entered into between you and any other user of the Services or any third party named or linked to from the Services is at your sole risk and responsibility; and
(b) is not responsible for any of the information made available or accessed on or through the Services or any Third Party Content or any decisions made by you based on any information posted on the Services. You further understand, acknowledge and agree that we make no warranties or representations in respect of, nor do we guarantee the accuracy, timeliness, completeness, integrity or quality of any information or Third Party Content or any other content or material which may be accessed or made available via the Services.
9Disclaimer of Warranties and Liability
9.1To the maximum extent permitted by law, you irrevocably agree and acknowledge that:
(a) the Services (together with any Services Functions, Content, Third Party Content or other content or information provided via the Services) are provided on an "as is" and "as available" basis with all faults and without warranty of any kind. We do not warrant the accuracy, adequacy or completeness of the Services (together with any Services Functions, Content, Third Party Content or other content or information provided via the Services), and expressly disclaim liability for errors or omissions in the Services (together with any Services Functions, Content, Third Party Content or other content or information provided via the Services);
(b) we do not warrant that the Services will meet your requirements, that the operation of the Services will be uninterrupted or error-free, or that defects in the Services will be corrected. Without prejudice to the foregoing, GamesCo does not warrant and hereby disclaims any representation, warranty or term with respect to the Services, whether express, implied or statutory, including but not limited to:
(i) merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the Services;
(ii) the Services being uninterrupted or error-free, or that defects will be corrected or that the Services and any related computer system is and will be free of all viruses and/or other harmful elements;
(iii) the Services will at all times be available and/or accessible;
(iv) non-interference with your enjoyment of the Services; and
(v) the Services being compatible or working with any third party software, applications or third party services.
9.2You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
9.3Further, nothing in this Agreement constitutes any representation or warranty by GamesCo as to your rights (if any) to use any content submitted by any third parties, including Third Party Content, all of which representations and warranties are expressly disclaimed.
10.1You agree to fully indemnify and hold harmless GamesCo, our affiliates, officers, employees, directors, owners, agents, service providers, information providers, licensors and licensees, successors and assigns (collectively, the "Indemnitees") from and against any claim, action, proceeding, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from (a) your breach of this Agreement and any terms relating to your use of the Services; (b) your access or use of the Services; (c) any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred; and (d) your breach of any rights of any other person. You shall cooperate as fully as reasonably required in the defence of any such claim, action or proceeding. GamesCo reserves the right, at its own expense, to assume the exclusive defence and control of any claim or matter subject to indemnification by you.
10.2This Clause 10 shall survive the termination or expiration of this Agreement (howsoever caused).
11Exclusion of Liability
11.1To the maximum extent allowed under applicable law:
(a) the Indemnitees shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your use of or reliance on the Services, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection or in reliance of any Content, Third Party Content or other content or any other information made available or accessed on or through the Services or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof; and
(b) in no event shall the Indemnitees be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Services, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.
11.2In no event shall the Indemnitees' total liability to you for any and all damages not excluded (other than as may be required by applicable law in cases involving personal injury) exceed in aggregate S$100.00.
12.1We have the right, in our sole and absolute discretion, to terminate and/or suspend your account and/or access to the Services (or any part thereof), where applicable, without prior notice to you at any time for whatsoever reason without refund to you, and are not obligated to disclose the reason behind the termination and/or suspension. Grounds for such termination may include, but are not limited to: (a) a breach of any of the terms under this Agreement; (b) extended periods of inactivity; (c) violation of any applicable law; (d) fraudulent, harassing, defamatory, threatening or abusive behaviour; and/or (e) behaviour that is harmful to other users, third parties, or the business interests of GamesCo. Use of an account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim (under any cause of action whatsoever) either against GamesCo, or which in any way involves GamesCo, then GamesCo may terminate your account.
12.2Upon suspension or termination of your account or your access to the Services,
(a) all rights and/or licences granted to you under this Agreement shall immediately terminate;
(b) we may remove or discard from the Services any Content associated with your account; and
(c) you remain liable for any obligations you may have incurred under this Agreement.
Save as is otherwise specifically provided in the Agreement, we shall not be liable for failures or delays in performing our obligations hereunder arising from any cause beyond our reasonable control, including without limitation, acts of God, outbreak of hostilities, civil disturbance, acts of civil or military authority, fires, strikes, lockouts or labour disputes or industrial action of any kind, epidemics, governmental restrictions, wars, terrorist acts, riots, explosions, fire, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems, and in the event of any such delay, the time for our performance shall be extended for a period equal to the time lost by reason of the delay and any additional recovery time required by us.
14Notification of Infringement
14.1We reserve the right to investigate notices of copyright, trade mark and other intellectual property infringement ("Infringement") in respect of all content and information on the Services ("Infringing Material") and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the Services, please notify us in writing immediately in the form and containing the information prescribed by the Copyright Act (Chapter 63 of Singapore) ("Infringement Notice").
14.2All Infringement Notices shall be sent to us addressed as follows:
Data Protection Officer
Digital Games International Pte. Ltd.
Pickering Operations Complex (POC): 20 Pickering Road, #33-00, Singapore 048658.
Data Protection Officer
14.3We will only process notices in the English language that comply with the Singapore Copyright Act, other applicable laws and the terms of this Agreement. Any notices that do not comply with the above will be rejected.
14.4We will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any Infringing Material, unless you have first given us the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter we refuse or fail to remove the Infringing Material within a reasonable time. Where we remove the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any Infringing Material appearing on the Services prior to such removal by us.
15.1Each of the terms and conditions in this Agreement is severable and distinct from one another and if at any time, any one or more of this Agreement and conditions or any part thereof is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not thereby be affected or impaired in any way and will remain in force.
15.2The rights and remedies provided in this Agreement are cumulative and not exclusive of any other right or remedies (whether provided by law or otherwise).
15.3No failure on our part to exercise and no delay on our part in exercising any right or remedy under this Agreement will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right of remedy. Any waiver by us of our rights or remedies in respect of any terms under this Agreement or any breach of this Agreement on your part must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.
15.4Unless the context otherwise requires, words importing the singular shall also include the plural and vice versa. Words denoting the masculine gender include the feminine gender and both shall include the neuter gender.
15.5The headings in this Agreement are inserted for ease of references only and shall not affect the construction of this Agreement.
15.6This Agreement, and the documents in it, constitutes the entire agreement between you and us with respect to your use of the Services and you have not entered into this Agreement in reliance upon any representation, warranty or undertaking of GamesCo which is not set out in this Agreement. Nothing in this Clause 15.6 shall however operate to limit or exclude liability for fraud.
15.7The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
15.8No failure on the part of any party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
15.9Except for the Indemnitees referred to in Clause 10.1 and third parties referred to in Clause 2.6, a person who is not a party to this Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore). Notwithstanding any term of this Agreement, the consent of any person who is not a party to this Agreement is not required to rescind or vary this Agreement at any time.
Your access and use of the Services as well as this Agreement shall be governed by Singapore law without regard to its conflict of law rules and you agree that the Singapore courts shall have exclusive jurisdiction over all disputes relating thereto. The United Nations Convention on Contracts for the International Sale of Goods, to the extent applicable, is expressly disclaimed.
If you have any queries, you may contact us by email at email@example.com
Date of last revision: March 23, 2020