Terms of Service
These terms of service (hereinafter "Terms") set out the terms and conditions by which we (“We” and “Company” means “Wemade Co. Ltd.,”) offer you access to use and enjoy our games, apps, websites and other services (the “Services”). In other words, the Terms are an agreement between you (i.e. user) and the Company.
Please carefully read the Terms and pay particular attention, before using our Services, to the followings:
- We may change the Terms at any time in our sole and complete discretion;
- We may modify, suspend, or terminate any features or part of the Services at any time in our sole and complete discretion;
- By posting the updated Terms, we will inform you of changes/modification on the Terms; and
- We regard your continuous use of the Services as your acceptance of the changes of the Terms.
PLEASE BE ADVISED THAT ARTICLE XIX CONTAINS BINDING ARBITRATION AND A WAIVER OF CLASS ACTION THAT MAY AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH THE COMPANY.
YOUR HISTORY TO VISIT THIS PAGE OF THE TERMS WILL BE VIEWED AS VALID ACCEPTANCE OF THE TERMS.
THE TABLE OF CONTENTS
I. USING OUR SERVICES
II. ACCOUNT REGISTRATION AND MANAGEMENT OF SERVICE USE
III. LICENSE AND INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT CLAIMS
IV. PAYMENT AND RESPONSIBILITIES DURING SURVICES USE
V. PROHIBITED ACTIONS DURING SERVICES USE
VI. SERVICE, CONTENT, AND NETWORK OF OTHER COMPANIES
VII. BLOCKCHAIN-BASED CONTENT
VIII. LIMITATIONS IN LIABILITY/RESPONSIBILITY
IX. PRIVACY
X. ASSIGNMENT
XI. NON-EXCLUDED LIABILITIES
XII. INDEMNITY
XIII. ENTIRE AGREEMENT
XIV. AMENDMENT AND MODIFICATION
XV. SEVERABILITY
XVI. WAIVERS OF THE COMPANY’S RIGHTS
XVII. SURVIVAL
XVIII. JURISDICTION AND GOVERNING LAW
XIX. DISPUTE RESOLUTION
XX. MISCELLANEOUS
I. USING OUR SERVICES
Natural persons are only eligible for becoming a user of our Services. Only persons, who reside in Serviceable Areas: they are all regions and countries except China and South Korea, are allowed to use the Services. No persons are allowed to directly/indirectly use/access our Services under the age of 16; provided, however, our Services may be available to them under a consent of their legal guardian or parent subject to relevant law or policy. No persons may access and/or use our Services without an account registration (please see Article II). The Company will not be liable for any loss, damages or inconvenience to the use/access in its sole and complete discretion unless your access/use of our Services satisfies the foregoing requirements.
We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy our Services for you (i.e. natural person), non-commercial, entertainment purposes only and expressly conditioned upon your compliance with the Terms. If we terminate your account, any license granted by us to you in the Services and any Virtual Goods (virtual currency, virtual items, virtual contents, etc., collectively “Virtual Goods”) ends immediately. Unless otherwise expressly authorized by us in a signed written contract, you may not sell, copy, exchange, loan, reverse engineer, decompile, derive source code from, translate, lease, grant a security interest in, transfer, publish, assign or otherwise distribute any of our Services or any of our intellectual property, including any of our computer code or any Virtual Goods.
In an effort to constantly improve, evolve and keep the Services, safe, fun, and secure, you agree that we may change, modify, update, suspend, “nerf,” or restrict your access to any features or parts of the Services, including Virtual Goods, and may require that you download and install software and updates to any software required to support the Services, at any time WITHOUT LIABILITY TO YOU. You understand and agree that any such changes or updates to the Services might change the system specifications necessary to use our Services. Further, you understand and agree that we may use background patching to automatically update our Services WITHOUT NOTICE TO YOU.
Any part of our Services may be subject to additional terms, conditions, rules, policies, or any other similar guidelines (“Additional Terms”). In such cases, you shall consent to the Additional Terms to use our Services. If there is any conflict between the Terms and the Additional Terms, the Additional Terms take precedence over the Terms.
You understand and agree that the Company is not liable to you for any loss, damages or inconvenience arising from (i) unavailability of the Service; (ii) any system outage event regardless of any reason; (iii) any third party including but not limited to any credit card or bank-related charges and fees related to your transactions in relation to the use of the Services; or (iv) any other similar event.
II. ACCOUNT REGISTRATION AND MANAGEMENT OF SERVICE USE
PLEASE KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORTS OR MAY NOT USE VIRTUAL GOODS FOR WHICH YOU HAVE PAID IF YOU CHANGE YOUR MOBILE DEVICE WITHOUT CREATING A COMPANY ACCOUNT FOR THE SERVICES.
You may be required to create and register your account and/or membership to use our Services. In such process, you must provide us with only accurate and complete information. The account is only in possession of you and any third party’s use of your account is a major breach of the Terms. We will not be liable for any damages, loss or inconvenience resulting from any breach of the foregoing in its sole and complete discretion.
Company Account: you can create and use a Company Account using your email account or a third-party service account. Your service history and the relevant information (level, virtual items, etc.) will be securely stored on your Company Account; provided, however, in terms of a Guest Account, we may allow you to access and/or use our Services with the Guest Account, BUT YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE PARTLY/WHOLLY TO YOU FOR ANY AND/OR ALL LOSS, DAMAGES, OR INCONVENIENCE IN DIRECTLY/INDIRECTLY RELATION TO YOUR USE OF THE GUEST ACCOUNT OTHERWISHE WITH THE COMPANY ACCOUNT.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR KEEPING YOUR LOGIN DETAILS CONFIDENTIAL AND ALL USES OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH THE USE OF YOUR LOGIN DETAILS, WHETHER NOT AUTHORIZED BY YOU.
WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT ANY NOTICE if your account has not been accessed for more than 180 days. In such an event, we are not liable to you for any loss, damages or inconvenience including but not limited to any Virtual Goods deleted.
You understand and agree that the meaning of the termination of account and/or the deletion of account is to lose access to any data previously stored/associated with your account (including, without limitation, the level or score you have reached in the Services and any Virtual Goods stored/associated with your account).
III. LICENSE AND INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT CLAIMS
The Services (including any updates thereto) and any other related content to the Services are protected under the copyright and other intellectual property of laws of Singapore.
1. License
We solely and fully possess ownership, rights and interests, including but not limited to any intellectual property rights in direct/indirect relation to all the Services we provide, and all items required for the use of our Services.
The service name, service mark, trademark, all source codes, database, function, software, website design, audio, video, text, image, and graphic content (collectively hereinafter "Content") of our Services provided by us (i.e. the Company) is owned by us, and no rights or license are granted to any individual person, or group without prior agreement by the Company in advance.
In other words, you have no ownership of any content created, purchased, and obtained from the use of the service provided by us, and you understand and agree that you are granted a limited, non-exclusive, non-transferable, and cancellable license to use our Services. This means that we reserve the right to revoke its limited license (i.e. your use of our Services) granted to you herein in our sole and absolute discretion.
Further, we may, in our sole and absolute discretion, limit or terminate your right to access or use our Services or part thereof, maintain or delete your account and any items associated therewith, including but not limited to any Virtual Goods, without any liability and/or any notice to you (i.e. an user).
You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user/third party of our Services.
2. Intellectual Property Rights Infringement Claim
WE WOULD ALWAYS LIKE TO PROTECT NOT JUST OUR INTELLECTUAL PROPERTY RIGHTS BUT ALSO OTHER’S RIGHTS. If it seems that your work or any other intellectual property is infringed, please do not hesitate to let us know with the following information:
• A list of assets or works with intellectual property rights of which intellectual property rights are claimed to have been infringed.
• Reasonable and sufficient information with which to identify and find data suspected of infringing on intellectual property rights.
• The user's name, address, and phone number, as well as email address if possible.
• Testimony of the fact that the information in the report is correct, and that they will receive punishment upon perjury. Testimony that they have the right to raise a lawsuit on behalf of the owner of the exclusive rights which is questioned to have been infringed.
• Testimony that they believe, in good faith, that using the data in the manner raised in the complaint has not been approved by the intellectual property owner, procurator, or legislation.
• Physical or electronic signature of the person who has the authority to take action in place of the owner of exclusive rights that are questioned to have been infringed.
Address
49, Daewangpangyo-ro 644beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, South Korea
3. User content
You must comply with the relevant laws according to Article XVIII.
You represent that all the provided information to us while accessing and/or using our Services is and shall remain true, accurate and complete at all times.
You may send, upload, communicate or make available Information, data, software, sound, photographs, graphics, video, tags, or other materials (“User Content”) via our Services, including through third party platforms. As regards Such Content, we may reserve the right to redistribute through our Services or through any third party platform. You understand and agree that all the User Content that you may post or transmit when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the User Content. For the avoidance of doubt, you, not the Company, are entirely responsible for all the User Content that you may upload, communicate, transmit or make available via our Services.
We reserve the right to remove uploaded Content from our Services if we make a decision in our sole discretion that it gives rise to a breach of any part of the Terms, or that it may bring the Company or the Services into disrepute. However, you understand and agree that we do not actively monitor the User Content that is contributed by people that play our Services and we make no undertaking to do so.
By submitting the User Content via our Services, you : (a) represent and warrant that you completely entitled to do so; (b) permit the Company and the Company’s designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, edit, adapt, modify, host, store, publish, create derivative works of, publicly perform, display, market, advertise and sell the User Content and any derivative works the Company may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you; (c) acknowledge that you may have what are known as "moral rights" in the Content (for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment), and agree to waive any such moral rights you may have in the Content; and (d) agree that the Company has no obligation to monitor or protect your rights in any Content that you may submit to the Company, but you do give the Company the right to enforce your rights in that Content if the Company wants to, including but not limited to taking legal action (at the Company’s cost) on behalf of you.
The Company does not control any User Content posted on our Services by other people and therefore the Company does not undertake and/or guarantee the accuracy, integrity or quality of such User Content. You understand that when using our Services, you may be exposed to User Content that you may consider offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any losses or harm of any kind resulting from the use of any User Content posted, emailed, transmitted or made available via our Services.
The Company reserves the right to remove uploaded User Content from the Services if the Company makes a decision in our sole discretion that it gives rise to a breach of any part of the Terms, or that it may bring the Company or the Services into disrepute. However, you understand and agree that the Company does not actively monitor any and/or all User Content that is contributed by people that play the Services and the Company makes no undertaking to do so.
You are solely responsible for their interactions with any other user of our Services.
IV. PAYMENT AND RESPONSIBILITIES DURING SURVICES USE
You may obtain Virtual Goods at online and in-game store (the “Store”), which you may use them via our Services. Any balance of Virtual Goods does not reflect any cash or stored value. We do not grant any ownership of Virtual Goods despite being obtained by you but the right to use is only granted.
VIRTUAL GOODS, INCLUDING VIRTUAL GOODS EXCHANGED FOR PREPAID PAYMENT INSTRUMENTS, ARE REGARDED AS GOODS OR SERVICES, AND ARE NOT PREPAID PAYMENT INSTRUMENTS.
Any prices, quotations and descriptions referred to on our Services is not an offer and your order in the Store constitutes an offer. Thus, the prices, quotations and description may be withdrawn or revised at any time before we expressly accept your order (i.e. your offer). The prices referred to on our Services are the total price including any taxes. To the extent permitted under applicable law, you understand and agree to pay all charges, fees, and applicable taxes incurred by you or anyone else using your account or resulting from use of our Services on your device at the price(s) in effect when such charges occurred. We reserve the right to change the pricing for the Services at any time without any notice to you.
You may obtain Virtual Goods on the Services via different payment methods provided by the Company (credit card, automatic transfer, PayPal, etc.).
In the event that you use different payment and billing services, you must understand and agree to the terms of each service provider such as charged additional costs.
YOU UNDERSTAND AND AGREE THAT ANY AND/OR ALL VIRTUAL GOODS AND ANY OTHER RELATED CONTENT ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO TERMINATION, SUSPENSION, OR EXPIRATION OF THE USERS’ ACCOUNT IN THE COMPANY’S SOLE AND COMPLETE DISCRETION. In other words, content or products that are successfully purchased at your discretion cannot be refunded for any reason.
YOU UNDERSTAND AND AGREE THAT ALL SALES OF VIRTUAL GOODS ARE FINAL AND THAT WE WILL NOT REFUND ANY TRANSACTION ONCE IT HAS BEEN MADE. A LICENSE TO USE VIRTUAL GOODS IS PROMPTLY GRANTED ONCE YOUR PURCHASE IS COMPLETE. AS THE PERFORMANCE OF OUR SERVICES COMMENCES AND COMPLETES IMMEDIATELY, YOUR RIGHT OF WITHDRAWAL IS LOST AT THIS TIME.
We prohibit any purported transfers of Virtual Goods from our Services in all the circumstances, that is, any trade in the “Real World” except for expressly authorized way by us such as features of WEMIX PLAY. Once any such transfer or attempted transfer is found, the foregoing transfer is void and we may terminate the user’s account.
If your account is permanently blocked, all rights to use your granted limited licenses and any balance of Virtual Goods related to your account will be deleted. We are not liable to you for and we will not compensate for any loss resulting from the foregoing if it arises from your breach of the Terms.
Every obtained item by using Virtual Goods will be included in your account until the expiration date of the item, or the termination of your account, the Terms, or the Services.
In the event that any Virtual Goods are refunded without our prior agreement, your account may be temporarily suspended or deleted in our sole and complete discretion.
We reserve the right to put a limitation on purchase quantity of any item or refuse to provide the item to you without any notice in our sole discretion.
Notwithstanding the foregoing terms, the relevant law is applicable to any purchase of Virtual Goods and the Services provided to you; and you may make a claim according to the relevant procedures under Article XIX in any relevant circumstances.
V. PROHIBITED ACTIONS DURING SERVICES USE
You represent and warrant that you will not use our Services, in our sole and complete discretion, in any manner which could violate any relevant law; or damage, disable, overburden, or impair the Services; or hinder our or any others’ use and enjoyment of our Services. In addition to the foregoing, the followings amount to the prohibited conduct:
• Fraudulent activities that involve hacking, cracking, using bots or third-party software, or any other misconduct that can temporarily or permanently modify the Services' code or user experience using applications, software, or technology, which cannot be performed without the use of such applications, software, or technology.
• Discovering, or attempting to discover, all source code, algorithm, method, or technology used or actualized in the Services.
• Misrepresenting any individual or group, falsifying a testimony about any user's affiliation, identity, or the origin of data sent by the user, or falsely testifying that the user's testimony or actions were approved by the Company.
• Any act that involves duplicating or circumventing the structure of the Services or the Content contained within it in any way using applications or other manual or automatic devices or processes.
• Any act of removing, altering, or concealing copyright, trademark, patent, or other ownership notices, legends, symbols, or labels (including watermarks or other digital rights management technologies or other included information) included in the Services.
• Any act or attempt to impose an unreasonably or irregularly large load on the network or infrastructure.
• Hosting, providing, or developing in-between service for the Company's Services without prior approval, or forming, using, or maintaining illegal connection to the Services.
• Intercepting, emulating, or redirecting communication protocol used by the Company or nominee through any means.
• Using or attempting to use virus, malware, other computer codes, file, program, software, routine, or device that is designed to interrupt, destroy, or limit the Company's system or network function/operation.
• Participating, encouraging, or facilitating service denial attacks or similar acts, or attempting to investigate, scan, test, or violate the system or network security.
• Using or attempting to use macros, automatic play, or programs or methods that allow automatic operation or action of an user in the game (or all characters controlled by the user) regardless of whether or not the user is operating the controls.
• Illegally distributing data without the Company's prior approval or advertising or promoting items or services (spam, promotional data, chain letters, pyramid schemes, or other forms of illegal suggestions, etc.)
• Any behavior including but not limited to harmful, harassing, defamatory, obscene, indecent, hateful, threatening, abusive, provocative, discriminatory, or violent acts, or incitement to violence, including self-harm.
• Any behavior that includes stalking, sexually explicit or other offensive conduct, robbery, theft, murder, sexual remarks, or curses.
• Exploiting defects, undocumented issues, or program bugs to create, exploit, or trade in-game items generated or copied through such means.
• Posting or sharing another user's personal information or important undisclosed/confidential information about the Company without its prior consent.
• Based on the discretion of the Company, participating in or all attempts to participate in acts that cause tangible responsibility, or damage to the Company, user, or another third party.
Further to the above listed conducts, any manner of violating/disrupting either system or network security to interfere with or undermine our Service operation may give rise to a civil and/or criminal liability.
WE MAY TAKE ANY ACTIONS AGAINST ANY INDIVIDUAL OR ENTITY COMMITTING ANY FOREGOING CONDUCT AS FOLLOWS: (i) WITHHOLDING, SUSPENDING, MODIFYING OR TERMINATING THE ACCOUNT RELATED TO THE CONDUCT OF THE SERVICES FOR NO REASON AT ANY TIME WITHOUT NOTICE; AND (ii) CIVIL/CRIMINAL LITIGATION AGAINST THE INDIVIDUAL OR ENTITY TO OBTAIN APPROPRIATE COMPENSATION UNLESS OTHERWISE REQUIRED BY RELEVANT LAW. You understand and agree that we have no liability to you for any loss arising from our action stated in the above.
VI. SERVICE, CONTENT, AND NETWORK OF OTHER COMPANIES
You may use our Services via any third party platforms (the “Platforms”), for example, App Store, Google Play Store, and so on. We represent and warrant that the Platforms are independent of us (i.e. the Company) and thus we do not control, sponsor, recommend, or otherwise accept any liability/responsibility for such third party provided services, content, or devices. When using our Service via the Platforms, you may be required to install additional software, register/create an additional account, agree to their terms and conditions, or take further process if necessary. The use of the Platforms is at your own risk and is only subject to their terms and conditions. WE DO NOT HAVE ANY LIABILITY/RESPONSIBILITY FOR ANY LOSS RESULTING FROM YOUR USE OF THE PLATFORMS.
In cases where your device may connect to or use any Platforms or any third party networks to use our Services, you may experience any costs and fees according to your use of the Platforms or their networks. You understand that you are solely responsible for any and all costs and fees in relation to the access and use of our Services. In other words, we are not responsible for any and all the costs and fees as stated in the foregoing.
VII. BLOCKCHAIN-BASED CONTENT
You understand and agree that our Services may include blockchain-based content which may be provided via any third-party company. Prior to accessing and/or using the blockchain-based content, you must complete a process of user registration and agree to the terms and conditions of the third-party company; PROVIDED, HOWEVER, the use of blockchain-based content is not a fundamental requirement to use the Services and the decision of the use of the blockchain-based content is totally up to you.
The blockchain-based "digital assets" in the Services provided by the Company are in the forms "NFT" and "FT."
- "Digital Asset": Refers to blockchain-based items or data existing in digital form. Digital assets include but are not limited to, NFT, FT, cryptocurrency, and game tokens.
- "NFT (Non-Fungible Token)": Non-Fungible Token refers to all digital assets on the blockchain that cannot be interchanged with other tokens. Certain data, such as items within certain games within the Company's Services, are provided as NFT.
- "FT (Fungible Token)": Fungible Token refers to all digital assets on the blockchain, each with the same value, that can be interchanged with other tokens. Items or goods within certain games within the Company's Services are provided as FT.
1) The Company may designate some of the items from provided Services as NFT and FT content targets, and has the right to change, add, or cancel designated items at any time at the Company's sole and complete discretion without any notice to you.
2) You understand and agree that the Company does not guarantee the permanence of value or existence of the items designated as NFT and FT items.
3) The NFT and FT items owned by you are content that are included or linked with the Company's Services, and you agree that the values of NFT and FT content may be affected through updates, service change, termination, etc., based on the Company's operation directions.
4) All issues resulting from the use of NFT and FT content are regarded as a result of executions personally made by the user upon agreement, and thus the Company is not responsible for the situation.
5) Blockchain assets characteristically have very high variability. Thus, the Company has no responsibility or duties related to any compensation for damages that occur due to value variations in the owned designated NFT and FT content items.
6) You are entirely responsible for the management of NFT and FT content, and you agree that the Company takes no responsibility for issues that arise from their poor management.
7) Blockchain-related regulations and provisions are incomplete and uncertain, and new regulations and policies could affect blockchain-based content included in the Services provided by the Company.
VIII. LIMITATIONS IN LIABILITY/RESPONSIBILITY
WE MAKE NO UNDERTAKINGS AND NO REPRESENTATIONS REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, FITNESS, PERFORMANCE, OR INTEROPERABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND ANY CONTENT CONTAINED WITHIN OUR SERVICES FOR ANY PURPOSE.
USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED TO YOU (I.E. USERS) “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND.
WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SERVICES INCLUDING, WITHOUT LIMITATION, ANY AND/OR ALL OF THE EXPRESS/IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, PROVIDE A RETURN OR REFUND TO YOU OF MONEY THAT HAS BEEN PAID BY YOU OTHER THAN TO THE EXTENT THAT SUCH A RETURN OR REFUND IS REQUIRED BY APPLICABLE LAW/REGULATIONS.
You understand and agree that we are not liable/responsible for any direct or indirect, special, incidental, consequential, or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, whether based on contract, tort, negligence, strict liability, or otherwise even if we have been advised of the possibility of such damages or loss.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE THE GREATER OF $100 OR THE TOTAL AMOUNT PAID BY YOU IN THE RECENT THREE (3) MONTHS PERIOD ENDING ON THE DATE OF YOUR CLAIM.
IX. PRIVACY
You understand and agree that we collect, process, use and share your personal information in accordance with our Privacy Policy, which is incorporated herein and constitutes part of the Terms.
By using the Services, you give your consent to us collecting, processing, using and sharing your personal data in the manner set forth in our Privacy Policy. If you do not agree to our Privacy Policy, you should not access and/or use our Services, including any Services available through any third party platforms.
You agree that the Websites and Services may not be private or secure, and we may not guarantee whatsoever. You are solely responsible for taking necessary and appropriate precautions and security measures bested suited for your use of our Services.
X. ASSIGNMENT
You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent. However, we may transfer or assign all or a part of our rights or responsibilities under the Terms to someone else in our sole and complete discretion without obtaining your consent and without any restriction.
XI. NON-EXCLUDED LIABILITIES
Notwithstanding any Articles in the Terms, nothing in the Terms limits our liability for fraud, willful injury or violation of law, or any other liability which may not by law be excluded.
XII. INDEMNITY
You agree to indemnify, defend and hold harmless us (i.e. the Company), our officers, directors, affiliates, parents, subsidiaries, partners, employees, consultants, representatives, and agent from and against any and all liabilities, claims, losses, damages, expenses, and costs (including reasonable attorneys' fees and court costs) that may arise from any breach by you of the Terms, your access to and use of our Services.
XIII. ENTIRE AGREEMENT
The Agreement (i.e. the Terms) set out the entire agreement between you and us relating to the subject matter herein, and they supersede and replace any and all earlier agreements and understandings between you and us. A person who is not a party to the Terms has no right to rely upon or enforce any part of the Terms.
XIV. AMENDMENT AND MODIFICATION
You can see the Terms at any time, which can be found by using a link found in our Websites, Games or Applications, where you can also see the amendment to our Privacy Policy. Except as otherwise stated, such changes will be automatically effective 30 calendar days after they are initially updated. IF YOU (I.E. USERS) DO NOT WISH TO BE GOVERNED BY ANY UPDATED VERSON OF THE TERMS, YOUR ONLY REMEDY IS TO STOP USING OUR SERVICES.
XV. SEVERABILITY
If any part of the Terms is held to be unlawful, void or unenforceable under any applicable local laws or by an applicable court, that provision shall be severed, and the remainder of the Terms shall remain valid and enforceable. However, the removed Article will be replaced with the most closely matching enforceable provision of the Article that reflects the fundamental intent of the unenforceable provision.
XVI. WAIVERS OF THE COMPANY’S RIGHTS
The Company’s failure or delay to exercise or enforce any of its rights under the Terms does not waive its right to enforce such rights. Any waiver of such rights shall only be effective if it is in writing and signed by the Company.
XVII. SURVIVAL
The provisions of Articles I, II, III, IV, VIII, XII, XIII, XIV, XV, XVI, XVIII, XIX, XX and all representations by you hereunder, will survive any termination of the Terms.
XVIII. JURISDICTION AND GOVERNING LAW
You understand and agree that the application of The UN Convention on Contracts for the International Sale of Goods is exclusively excluded.
Any disputes or claims arising out of or in connection with the Terms will be governed by and construed in accordance with the laws of Singapore. Any dispute arising from or in connection with the Terms shall be irrevocably submitted to the exclusive jurisdiction of the State Court, Singapore.
XIX. DISPUTE RESOLUTION
PLEASE READ THIS ARTICLE CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE THE RIGHT TO LITIGATE DISPUTE (DEFINED HEREINAFTER) THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
All disputes, claims, or controversies arising out of or relating to the Terms or the relationship between you and the company ("Dispute") shall be determined exclusively by binding arbitration. However, the Dispute does not include any claim with respect to the infringement, protection, or validity of intellectual property rights or a claim brought in small claims court.
You understand and agree that the Dispute shall be resolved as the following procedures:
You shall provide the company with the written notice ("Notice") regarding the Dispute by mail and email to the company at the address stated in Article III in order to resolve the Dispute through the company's customer center. Such Notice shall state the information including but not limited to the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution. If you and the company do not reach an agreement to resolve the Dispute within 30 days after the Notice is received, you may commence an arbitration proceeding.
The arbitration shall be administered by the International Court of Arbitration of the International Chamber of Commerce ("ICC") in Singapore under the Rules of Arbitration of the International Chamber of Commerce ("ICC Rules") in effect at the time of filing for the arbitration. The ICC Rules are available at https://iccwbo.org/dispute-resolution/dispute-resolution-services/arbitration/rules-procedure/2021-arbitration-rules/.
YOU UNDERSTAND AND AGREE THAT ANY AND ALL ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE CLASS ACTIONS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION TRIED OR CHALLENGED BY A JURY.
All disputes in relation to this contract must be raised in the binding arbitration process within 1 year.
The 1 year period starts from the time when the company receives your Notice. Raising Disputes is permanently forbidden if the Dispute is not raised within 1 year.
XX. MISCELLANEOUS
You, any other individual, and any other entity understand and agree that translated versions of the Terms are only provided for their convenience; only the English Terms apply to the relationship between you and the Company.
In case of any discrepancies between the English Terms and the translated Terms, the English Terms take precedence over others.
The Company not actively using the rights in the Articles or not responding to your violation does not mean that it relinquishes the rights to respond to the violation or to enforce the Terms in the future.