SPECIFIC TERMS AND CONDITIONS FOR [WEPLAY / GAME STORE]
1. Acceptance of Terms
1.1 The Service is provided and operated by Integrated Digital Mall Pte Ltd ("IDM").
1.2 Before you can access or use the Service, you must agree to be bound by the following terms and conditions of use (the "Terms"). The Terms constitute a legal agreement between yourself and IDM. You shall be deemed to have agreed to these Terms if you (a) click where indicated to agree to these Terms; or (b) commence access to or use of the Service if you do not or cannot agree to these Terms, you are not permitted to and shall not access or use the Service and you must immediately cease any access to or use of the Service.
1.3 By agreeing to be bound by the Terms, you represent and warrant that you are 18 years of age or older.
1.4 If you allow any other person to access or use the Service, you agree to be responsible for (a) ensuring that such person complies with the Terms, and (b) the actions, omissions and defaults of such person in relation to the Service.
1.5 IDM may modify these Terms at any time at its sole discretion, and such modifications shall become part of the Terms and be effective immediately upon posting of the modified terms to the Service. You agree to review the Terms periodically to be aware of such modifications and your continued access to or use of the Service after such modifications shall be deemed to be your conclusive acceptance of such modified terms.
1.6 IDM may make modifications and additions to the Service or any part(s) thereof, including incorporating new products, features and functionality, at any time at its sole discretion without liability to you or any third party. Your continued access to or use of the Service after such modifications and/or additions have been made shall be deemed to be your conclusive acceptance of such modifications and/or additions.
1.7 The Service is not provided to you as part of any other product, service or offering (whether provided by IDM or any IDM Affiliate). No purchase or provision of any other product, service or offering shall be construed to represent or guarantee you access to or the use of the Service and the provision of any other product, service or offering by any IDM Affiliate does not amount to a provision of the Service by such IDM Affiliate.
1.8 The listing of any prohibited activities in these Terms is not exhaustive. IDM reserves the right to determine that any conduct that is or could be harmful to the Service, our servers, or use of the Service by any user, is in violation of these Terms and to exercise any or all of the remedies contained in these Terms.
1.9 Your access to or use of the Service shall be subject to all other guidelines, procedures, policies and regulations which may from time to time be prescribed, introduced, varied and/or amended by IDM, including:
1.9.1 any terms and conditions posted within the Service;
1.9.3 SingTel's General Terms and Conditions of Service (available at
http://home.singtel.com/terms/default.asp?source=general&product_name= general) and for the avoidance of doubt, all references to "Service Provider" within the same shall be deemed to be references to IDM
2. Requirements for access to the Service
2.1 You acknowledge and agree that:
2.1.1 your access to and use of the Service is subject to your compliance with such requirements, including as to equipment and software, as specified within the Service or as IDM may otherwise specify from time to time;
2.1.2 compliance with such requirements may require you to obtain equipment, software and services which may be available only from third parties and which may be subject to other terms and/or the payment of fees;
2.1.3 you shall use and maintain all such equipment and software in such manner as the relevant manufacturer may instruct, including installing such updates as may be required; and
2.1.4 your ability to access and use the Service, and the quality of your experience with the Service, are dependent on the performance of equipment, software and services provided by third parties which is outside the control of IDM and in respect of which IDM makes no representation or warranty and shall have no obligation in respect thereof.
3. Installation of and registration for the Service
3.1 Without prejudice to the generality of Clause Error! Reference source not found., you shall be liable for engaging or procuring at your own cost any equipment, software or services (including any mobile telecommunications service, broadband, fibre service or any other Internet connection provided by any Internet service provider, including IDM), any third party installation or other professional services which may be necessary for the proper installation and use of the Service.
3.2 You shall be responsible for ensuring that all equipment and systems related to the use of the Service meet the minimum requirements as may be stipulated by IDM from time to time for the Service to function effectively and that they are compatible and can properly function and inter-operate with the Service. IDM is not liable or responsible for any failure in the Service or damage to equipment due to your use of equipment that fails to meet such minimum requirements.
3.3 You shall be liable for all damages in relation to the performance of IDM's network (including those arising out of the failure or degradation of any equipment) as may howsoever result from your non-compliance with the above obligation in Clause Error! Reference source not found.. IDM makes no warranty whatsoever regarding the ability or continued ability of the Service to function and/or inter- operate with your equipment or system which does not meet the minimum requirements stipulated by IDM and specifically disclaims any and all warranties or representations relating thereto whether express or implied.
3.4 For the avoidance of doubt, the following services do not form part of the Service and IDM is under no obligation to provide any of the same:
3.4.1 procurement and installation of any hardware equipment, software or service (including any mobile telecommunications service, broadband, fibre service or any other Internet connection provided by any Internet service provider, including IDM) that may be necessary to receive or use the Service; and
3.4.2 any service not available on the Service that is not otherwise expressly provided herein as being part of the Service.
3.5 Your access to the Service or to certain features of the Service may require you to register for an Account and login information. You do not have the right to share your Account with any third party. You are solely responsible for maintaining the confidentiality of your Account and password, and you agree to accept responsibility for all activity on your Account, including unauthorised use of the Service by any third party that accesses the App through your Account, and for the security of your Account. You also agree to the following:
3.5.1 if so requested, you will provide accurate and up-to-date email address, contact and billing information to IDM;
3.5.2 you shall notify IDM of any unauthorised use of your Account, including by third parties that have accessed the Service through your Account; and
3.5.3 you shall not transfer or share your Account or login information with any other party.
3.6 You shall immediately notify IDM in the event of any unauthorised disclosure or use of your Account or login information. Until IDM is notified and for 7 working days thereafter (or such other period as IDM may notify you), you shall be responsible for any and all consequences arising out of the unauthorised use of the Service.
3.7 Use of the Service requires a compatible Device, compatible computer, Internet access (fees may apply), and certain software (separate fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service and Content involves hardware, software, and Internet access, your ability to use the Service and Content may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. In light of the foregoing, you acknowledge and agree that you will not be entitled to any refund for any Fees you pay for the Content if the Content is incompatible with your Device.
4 Use of the Service
4.1 You will be granted various rights and benefits in relation to your access to and use of the Service, including the right to utilise various services. You acknowledge and agree that:
4.1.1 different rights and benefits may be granted to different users of the Service, as IDM may determine, at its sole discretion;
4.1.2 such rights and benefits may be subject to your compliance with certain conditions or obligations as indicated on the Service or otherwise; and
4.1.3 IDM does not represent or warrant the continued availability of any right or benefit and may, at any time at its sole discretion, revise, vary or withdraw any right or benefit, even if such right or benefit had previously been granted to you.
4.2 The rights and benefits granted to you by IDM are not transferable or assignable without IDM's prior written consent and you acknowledge and agree that any such transfer or assignment by you shall be void.
4.3 You represent and warrant that your access to and use of the Service will not compromise the security or integrity of IDM's systems, networks, site(s) or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on the Service or its
infrastructure, or using any computer programming routine, file, or device to damage or interfere with the operation of the Service.
4.4 You acknowledge and agree that the Service may include or utilise technology that limits your use of the Service and that, whether or not the Service is so limited by technology, you shall use the Service in compliance with these Terms.
4.5 Your usage of the Service may be controlled and monitored by IDM (where applicable) to ensure your compliance with these Terms or to satisfy any law, regulation or any request of any applicable authority.
4.6 You are authorised to access and use the Service only for your personal and non- commercial use. You shall not, and shall not allow any other person to use the Service in any way other than as set out in these Terms without IDM's prior written consent, and you shall not split, redirect, redistribute, rebroadcast, or otherwise deal with, offer or supply the Service in any manner whatsoever.
4.7 You agree to access or use the Service and any other information or content (including any Content) provided to you pursuant to your access to or use of the Service in a manner consistent with all applicable laws and regulations. Specifically,
you will not:
4.7.1 cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience to any person (including IDM, the IDM Affiliates or other users of the Service) by any means;
4.7.2 use any robot, spider, or other automatic or manual device or process to monitor or copy IDM's web pages or any portion of the content contained on such web pages or websites without the express written permission of IDM or the relevant Third Party Providers;
4.7.3 use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or to impose an unreasonably or disproportionately large load on the servers serving the Service;
4.7.4 use or exploit the Service or such other information or content in connection with any obscene, defamatory or illegal material, or any tobacco, pornography, pharmaceuticals or firearms, for any unlawful purpose or in any manner not expressly authorised by the relevant and appropriate parties concerned, which may include the relevant copyright owner of the information or content; or
4.7.5 attempt to violate, tamper with or circumvent any security measures, encryption codes or technological protection measures in or used in connection with the Service or Content or otherwise engage in any illegal activity in relation to the Service, or enable or assist any person to do so.
4.8 You further agree that you and your activities on the Service will not:
4.8.1 reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
4.8.2 attempt to impersonate any other party, including, but not limited to an IDM employee, host, or representative;
4.8.3 create user accounts by automated means or under false pretences or mislead others as to the origins of your communications;
4.8.4 trick, defraud or mislead IDM and other users, especially in any attempt to learn sensitive account information such as passwords;
4.8.5 make improper use of IDM 's support services or submit false reports of abuse or misconduct;
4.8.6 engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
4.8.7 disparage, tarnish, or otherwise harm, in IDM 's opinion, IDM and/or the Service;
4.8.8 disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
4.8.9 upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service or any User Content;
4.8.11 upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (gifs), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as spyware, passive collection mechanisms or PCMs);
4.8.12 except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot or bot, cheat utility, scraper or
offline reader that accesses the Service, or use or launch any unauthorized script or other software;
4.8.13 cover or obscure any notice, banner or advertisement on the Service;
4.8.14 disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g., anonymous proxy) to access the Service; and
4.8.15 sell the Service or any part thereof, including but not limited to Virtual Goods, Virtual Currency, or user accounts and access to them in exchange for legal currency of any kind or any items of monetary value.
4.9 IDM hereby grants you a non-exclusive, revocable, personal licence to use the Service solely in the manner set out herein and in accordance with IDM's instructions. The licence granted to you does not include any right to copy, reverse- engineer, decompile, modify or tamper with any part of the Service. Without prejudice to Clause15, IDM may, at its sole discretion, modify the terms on which such licence is granted or, in the event that you breach any of these Terms, revoke such licence.
4.10 You may only access and use the Service in Singapore in the manner advised by IDM, and you shall not, or attempt or assist another person to, tamper, modify, reverse-engineer, disassemble, decompile or otherwise use any part of the Service in any manner not expressly permitted by IDM or create derivative works based on the Service. Should you choose to install, access or otherwise use the Service from any other location other than Singapore, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. For the purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Service to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the underlying technology of the Service.
4.11 IDM reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
5 The Content
5.1 By purchasing Content on or through the Service, you represent and warrant that you are located in Singapore at the time of such purchase. Should IDM at any time become aware that you have breached this warranty, IDM shall be entitled at its sole discretion to refuse to provide the Service or any Content or limit, vary, suspend or terminate access to or use of the Service or any Content or any part(s) thereof to you.
5.2 You acknowledge and agree that:
5.2.1 all descriptions and information relating to the Content are provided for convenience only, and that IDM does not guarantee their accuracy or
5.2.2 notwithstanding any indications to the contrary on the Service or otherwise, the Content is licensed and not sold to you;
5.2.3 the licence in respect of any Content that you obtain access to through the Service is subject to the rights of the relevant Third Party Provider and is limited in scope to a non-exclusive, non-transferable, licence for you (and not a third party) to access such Content via the Service, in Singapore for your personal and non-commercial use, and such licence confers no title or ownership;
5.2.4 any unauthorized reproduction or distribution of the Content is expressly prohibited and may violate applicable law;
5.2.5 You shall not share the Content with, or transfer the Content to, any third party;
5.2.6 You shall comply with the restrictions in respect of the Intellectual Property Rights in, to or over the Content as set out in Clause 0;
5.2.7 your access to or use of the Content may be subject to additional restrictions which IDM may impose from time to time; and
5.2.8 you shall not transfer the Content from any wireless electronic device, including devices such as personal or portable computers, mobile telephone handsets, personal digital assistants and the like.
5.3 You acknowledge and agree that certain Third Party Providers shall have the right to enforce IDM's rights in respect of your access to and use of the Content.
6 Intellectual Property Rights
6.1 All trademarks, trade names, logos and service marks appearing on the Service (including the IDM name or any trademarks of IDM) belong to IDM, IDM Affiliates, Advertisers or Third Party Providers. In particular, the grant to you of a right to access and use the Service shall not be construed as granting, by implication, estoppel or otherwise, any licence or right to use the trademarks, trade names, logos or service marks appearing on the Service without the prior written consent of IDM or such IDM Affiliates, Advertisers or Third Party Providers. You may not, without IDM's prior written consent, use any such trademarks, trade names, logos or service marks as a hyperlink to the Service or any other website. All rights not expressly granted herein are reserved.
6.2 The Service and all content contained in or made available by the Service (including any Content), and all Intellectual Property Rights in, to or over the Service and such content, are provided by and belong to IDM, IDM Affiliates, Advertisers or Third
Party Providers. You shall not reproduce, modify, edit, repurpose, transfer, distribute, republish, download, post, transmit, sell, rent, lease, display, perform, broadcast, sub-licence, assign or otherwise make available any rights in or to the Service or any content contained in or made available through the Service (including any Content), in any form or by any means including electronic or mechanical photocopying or recording without the prior written permission of IDM or the relevant Intellectual Property Rights owner. All rights not expressly granted herein are reserved.
6.3 You agree not to remove any copyright or other proprietary notices from the Service. You also agree not to bypass, modify, defeat, circumvent or disable any security or other technical features that prevent or restrict the use or copying of the contents contained in or made available by or through the Service (including any Content).
6.4 You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.
6.5 All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to IDM in connection with the use of the Service shall be the exclusive property of IDM. You agree that unless otherwise prohibited by law, IDM may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
7 Virtual Goods and Currencies
7.1 The Service may include virtual, in-game currency ("Virtual Currency") including, but not limited to coins, cash, or credits that may be purchased from the Game Store. The Service may also include virtual, in-game digital items ("Virtual Goods") that may be purchased, including by use of Virtual Currency. Virtual Currency and Virtual Goods may never be redeemed for legal currency of any kind, goods or other items of monetary value from IDM or any other party.
7.2 Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service or any other attributes associated with use of the Service or stored within the Service.
7.3 IDM has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and IDM shall have no liability to you or anyone for the exercise of such rights. Virtual goods and currency that are purchased through IDM and remain unused or applied to a specific game for a period of 30 days may expire after the 30 days of non-use and therefore, cannot be used to purchase and other virtual goods or virtual currency after this 30 day period.
7.4 Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Use of Virtual Currency or Virtual Goods for any purpose other than the Service is strictly prohibited and any attempt to do so is a violation of these Terms. Such transfers may result in a lifetime ban from the Service and possible legal action.
7.5 You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in IDM's sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in IDM's sole and absolute discretion, or if IDM discontinues in providing the Service.
8 User-Generated Content
8.1 The Service may invite you to chat or participate in blogs, message boards, online forums and other functionalities and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to IDM and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to IDM will be treated as non-confidential and non-proprietary.
8.2 By submitting any User Content, you agree that:
8.2.1 your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms;
8.2.2 IDM is merely acting as a passive conduit for the distribution of your User Content and shall not incur any obligations or liability arising out of your User Content or licenses you grant thereto;
8.2.3 you hereby waive any moral rights you may have to your User Content; and
8.2.4 all of your User Content is true and accurate.
8.3 By submitting any User Content, you grant to IDM the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats, on or through any and all media, software, formula or medium now known or hereafter known, and with any technology or devices now known or hereafter developed and to advertise, market and promote same without compensation to you and without any obligation of confidentiality.
8.4 IDM has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but IDM does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
8.5 IDM has no obligation to accept, display, review, monitor, or maintain any User Content. IDM has the right to delete User Content from the Service without notice for any reason at any time. IDM may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability. IDM reserves the right to treat User Content as content stored at the direction of users for which IDM will not exercise editorial control; provided, however that IDM shall have the right to exercise any control over User Content as may be necessary to enforce the rights of third parties and all of the restrictions set forth in these Terms.
8.6 You acknowledge that you do not rely on IDM to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
8.7 You agree that your User Content will not:
8.7.1 include any offensive comments that are connected to race, national origin,
gender, sexual preference or physical handicap;
8.7.2 include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language.
8.7.3 defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
8.7.4 promote violence or describe how to perform a violent act; or
8.7.5 violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity.
9 Posting on Other Web Sites
9.1 You are granted a limited revocable license to post an image of your personal avatar, a screen shot from your account with the Service, and any other materials that IDM specifically gives you notice may be posted on your own personal web site or a third party web site that permits posting of content at the direction of users, provided that such third party web site:
9.1.2 does not criticize or injure IDM.
9.1.3 does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and
9.1.4 does not charge for access to such content or associated products, services or advertising with such content. The web site where the link of such avatar or screen shot resides and all other locations to which such site links (each, an "Authorized Web Site") shall comply with all applicable laws and shall not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material. Notwithstanding the foregoing, all of IDM 's rights and remedies with respect to User Content, including, but not limited to all material posted on any Authorized Web Site, are expressly reserved and IDM may revoke the limited license granted in this clause, in whole or in part, at any time without notice.
9.2 Conditions on Posting on Other Web Sites: Without limitation, the following terms and conditions apply to your posting of a copy of your avatar and/or screen shots on an Authorized Web Site:
9.2.1 You must display a prominent link to the website in connection with any material you post on an Authorized Web Site, including, without limitation, in e-mails you are sending friends; and
9.2.2 You agree to include, and not remove or alter any IDM trademark, copyright or other proprietary rights notices, as provided by IDM on the Service and within e-mail page(s) when displaying an avatar or images from a game and/or application, and you agree to comply with all usage guidelines that may be provided by IDM from time to time. You agree that all goodwill that arises in connection with your use of IDM 's trademarks inures exclusively to IDM and you agree not to challenge IDM 's ownership or control of any IDM trademarks or use or adopt any trademarks that might be confusingly similar to such IDM trademarks.
9.2.3 Third Party Links. IDM is not responsible in any way for, and does not guarantee the availability of any email from or links to third party websites and resources which may be accessed through the IDM Website. In addition, IDM does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials on or available from such websites or resources.
9.2.4 Infringer Policy. If you believe that any material available through the IDM Website or Service infringes upon any copyright you own or control, or that any link on the IDM Website directs users to another website that contains material that you own or control, you may file a notification of such infringement with IDM's designated agent as notified on the IDM Website.
10 Technical Support
10.1 IDM shall use reasonable endeavours to provide you with technical assistance and support as set out in and in accordance with the technical support details available on the Service (if any).
11 Billing, Payment and Fees
11.1 You shall pay to IDM or its authorised billing agent the Fees and any other sums due or payable to IDM in accordance with the relevant terms of the applicable payment methods as prescribed by IDM.
11.2 You acknowledge that by accessing the Service, data charges may be incurred by your network provider and you shall be responsible for such data charges.
11.3 You shall bear and pay all Taxes. If you are required under any applicable law to deduct or withhold any sum as Taxes imposed on or in respect of any amount due or payable to IDM, you shall make such deduction or withholding as required and the amount payable to IDM shall be increased by any such amount necessary to ensure that IDM receives a net amount equal to the amount which IDM would have received in the absence of any such deduction or withholding.
11.4 You acknowledge and agree that IDM may assign to other entities its right to bill and collect the Fees under these Terms.
Disclaimer of Warranties
12.1 IDM does not make any express or implied warranties, representations or endorsements whatsoever (including warranties of title or non-infringement, or warranties as to merchantability or fitness for a particular purpose) with regard to the Service or any material or content on the Service (including any Content).
12.3 You acknowledge and agree that IDM has no control over, excludes all liability for and cannot be deemed to have endorsed the content of any material which can be accessed by accessing or using the Service, including any Content. In particular, IDM disclaims all warranties:
188.8.131.52 the availability of any such content;
184.108.40.206 compliance with any description or requirement of any such content; or
220.127.116.11 the uninterrupted viewing of or access to any such content; 12.3.2that any such content will not:
18.104.22.168 contain any obscene, offensive, defamatory or otherwise actionable material;
22.214.171.124 contain any advertising and promotional messages;
126.96.36.199 violate or infringe any Intellectual Property Rights or proprietary, privacy or publicity rights of any person, or violate any obligation of confidence or any other proprietary right;
188.8.131.52 contain any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate any equipment, system or network; or
184.108.40.206 contain any material in any form that would otherwise render you liable for or expose you to any proceedings whatsoever; or
12.3.3 that the access to, presence of, viewing of or downloading of any such content will not breach any applicable laws.
The Service and the Content are provided on an "as is, as available" basis.
IDM takes certain industry-accepted precautions to secure the Service or portions thereof. However, IDM does not warrant that:
12.5.1the use of the Service will meet your requirements;
12.5.2the Service will always be available;
12.5.3your use of the Service will be uninterrupted, timely, secure, error-free or virus-free, or free from other invasive or damaging code;
12.5.4the quality of any Content accessed by you through your use of the Service will meet your expectations; or
12.5.5any errors in the Service will be rectified.
12.6 You assume total responsibility and risk for your use of the Service. Any content accessed, streamed or otherwise obtained through your use of the Service is done at your sole discretion and own risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally.
12.7 Without prejudice to the generality of the foregoing, save as expressly agreed in writing, IDM does not make any representation or warranty in relation to the Service or any services, content or product available through the Service (including any Content) and you acknowledge and agree that IDM shall have no liability or responsibility to you or any other person in relation to any such service, content or product. Should you choose to access or use any such service, content or product, you shall be solely responsible for compliance with all applicable laws in relation to the access to or use of such service, content or product.
12.8 To the extent permitted by applicable law, IDM hereby excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) to which you would otherwise be entitled by law.
13 Exclusion of Liability
13.1 To the extent permitted by applicable law, in no event shall IDM, or any of the IDM Affiliates, be liable to you in any way whatsoever for any direct, indirect, incidental, special and/or consequential damages, loss of profits, costs or expenses whatsoever, whether in contract or tort (including negligence or breach of statutory duty) or otherwise arising out of or in connection with these Terms or your access to or use of the Service or any Content, or any inability to access or use the Service or any Content.
13.2 If you are dissatisfied with any portion of the Service or Content or with any of these Terms, your sole and exclusive remedy is to terminate these Terms and discontinue your access to or use of the Service.
14 Your Warranty and Indemnity
14.1 You represent and warrant that (i) you have the full power and authority to agree to
and be bound under these Terms, (ii) the execution and performance of your obligations under these Terms does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, (iii) these Terms impose legal, valid, and binding obligations on you, and (iv) any information provided by you for the purposes of your access to or use of, or in the course of using, the Service was true, accurate and complete at the time you provided it.
14.2 To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless IDM, the IDM Affiliates and their respective officers, directors, employees and agents from and against any and all actions, claims, proceedings, costs (including legal costs incurred by IDM or any of the IDM Affiliates in defending any such actions, claims or proceedings), liability, losses and damages whatsoever which may be brought or commenced against IDM or any of the IDM Affiliates by any person and/or which IDM or any of the IDM Affiliates may sustain, incur or suffer, as the case may be, arising out of or in connection with or by reason of:
14.2.1your access to or use of the Service or any Content;
14.2.2your breach of any of these Terms;
14.2.3any action taken by IDM as part of its investigation of a suspected violation of these Terms or as a result of its finding and decision that a violation of these Terms has occurred;
14.2.4your infringement or violation of any rights of a third party; or
14.2.5your infringement or violation of any applicable law.
14.3 Your obligations under this Clause 14 shall survive any termination of your access to and use of the Service or your relationship with IDM. IDM reserves the right to assume the defence and control of any matter subject to indemnification by you, in which event you shall cooperate with IDM in asserting any available defences.
15.1 IDM may suspend (indefinitely or for such period as it may consider appropriate) or terminate your Account at any time at its sole discretion without notice to you.
15.2 IDM may also terminate your Account immediately without notice to you if:
15.2.1IDM has reason to believe that your Account has been the subject of any unauthorised access, use or interception or other security breach;
15.2.2you have, or IDM has reason to believe that you have, committed a breach of any of these Terms, or infringed or violated the rights of any third party or any applicable law;
15.2.3 you have, or IDM has reason to believe that you have, engaged in any activity that may hinder or adversely affect IDM's provision of the Service or the
performance of the Service;
15.2.4IDM is acting in compliance with a requirement of any relevant regulatory authority or law enforcement body; or
15.2.5IDM withdraws, discontinues or cancels the provision of the Service.
15.3 Upon the termination of your Account for any reason:
15.3.1you shall cease to have any rights and benefits as a user of the Service;
15.3.2your licence to access the Service shall cease; and
15.3.3save for the provisions of Clauses12, 13, 14 and15, no party shall have any further obligations to the other party under these Terms.
15.4 IDM's right to terminate your Account under this Clause 15 shall be without prejudice to any other rights or remedies which IDM may have under these Terms.
15.5 The suspension or termination of your Account shall not affect the rights of IDM or your obligations under any other agreement with or any indemnity given by you to IDM thereunder.
15.6 You shall not be entitled to any payment, compensation or damages of any sort from IDM in relation to the termination of your Account.
15.7 The termination of your Account shall not release any party from any liability which at the time of termination has already accrued, or which thereafter may accrue.
16.1 You shall not assign, transfer or encumber any or all of your rights, interests and obligations under these Terms without the prior written consent of IDM.
16.2 IDM may assign and transfer any or all of its rights, interests and obligations under these Terms to any third party without your prior written consent.
17.1 No failure to exercise or enforce, and no delay on the part of IDM in exercising or enforcing its rights under these Terms shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the right of IDM at any time thereafter to act strictly in accordance with its rights and powers under these Terms.
17.2 Any provision of these Terms which is held invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.
17.3 IDM reserves the right to take such steps as IDM believes are reasonably necessary or appropriate to enforce and/or verify compliance with these Terms.
18 Governing Law
18.1 These Terms and your access to and use of the Service shall be subject to and governed by the laws of the Republic of Singapore without regard to conflict of law provisions. You agree that any dispute arising out of these Terms shall be resolved exclusively in the courts of the Republic of Singapore.
19.1 In these Terms, the following words and expressions shall have the following meanings:
19.1.1"Account" shall mean a user account for the Service.
19.1.2"Advertiser" means any third party that owns Intellectual Property Rights in
advertisements in or on the Service.
19.1.3"Content" means any and all visual, audio or video content made available on or through the Service, including artwork, songs, ringtones and music videos, regardless of duration or format.
19.1.4"Fees" means the fees payable for the registration for, subscription to, access to and use of the Service or Content, and such other fees, in each case as IDM may inform you from time to time, whether via the Service or otherwise.
19.1.5"Intellectual Property Rights" means all intellectual property rights, including patents, industrial designs, copyright, trademarks, service marks, trade dress, trade names, corporate names, proprietary logos or indicia, and other source or business identifiers, artist, performer or producer rights, database rights, design rights, logos, business methods, trade secrets, rights in know-how or business methods (whether registered or unregistered, and whether patented, patentable or not), rights of confidence or industrial or ancillary property rights, or any application to register any of the foregoing rights, in any part of the world and whether current or prospective, and any other similar right(s) whether or not vested, future or contingent, in any and all media now known or hereafter invented.
19.1.6"Qualified Foreigner" means a person who is not a citizen of Singapore and who, in accordance with applicable law, is an employment pass holder, work permit holder or dependant pass holder (with a minimum validity period of 12 months).
19.1.7"Service" means all digital and interactive games services which are made available for download either through a free trial, monthly paid subscription service, or bundled package from the Mobile Social Games Platform for installation and operation on mobile platforms which IDM may make available
to Users from time to time at its sole discretion.
19.1.8 "IDM Affiliate" means IDM's related corporations (as such term is defined in section 6 of the Companies Act (Cap. 50)).
19.1.9"SingTel" means Singapore Telecommunications Limited.
19.1.10 "Taxes" means all taxes (including goods and services taxes), duties, levies, and other similar charges (and any related interest and penalties) however designated, imposed under any applicable law with respect to the sale or provision of any Content to you or on any fees or payments due or payable to IDM by you.
19.1.11 "Third Party Provider" means a third party which provides or makes available or will provide or make available any Content or who has developed or created or who is developing or creating any Content or who otherwise owns or will own any of the Intellectual Property Rights in any of the Content.
19.2 The headings or titles to the Clauses in these Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Terms.
19.3 Where the context so admits, the singular shall include the plural and words in the masculine gender shall include the feminine and neutral genders and vice-versa.
19.4 The word "including" shall not be construed as being by way of limitation and "otherwise" shall not be construed as limited by words with which it is associated.
19.5 References to any "person" include any natural person, corporation, judicial entity, association, statutory body, partnership, limited liability company, joint venture, trust, estate, unincorporated organisation or government, state or any political subdivision, instrumentality, agency or authority.