The terms and regulations provided hereunder (hereinafter collectively to as the “Terms of Use”) set forth the terms and regulations agreed by and between MOBGAME PTE. LTD (hereinafter referred to as the “Company”, or “MOBGAME”, or “we” or “us”) and the users (hereinafter referred to as the “user”) in relation to, or in connection with the provision and use of game(s) and relevant services by the Company (hereinafter referred to as the “Service”).

1.     DEFINITION:

                    The below terms shall have corresponding meanings as defined hereunder upon being used in the Terms of Use:

1.1.   “Game” means and refers to the game provided on online and/or offline basis. Game could be provided by us, or by our Partner through our distribution channel/provision system.

1.2.    “Service” or “Services” means and refers to the Websites, games, services of game and other services related to the provision, operation, use of Website and/or game through which the user may access, download and use the Website and/or game and other content, soft-ware according to their need/expectation. Service includes but not limited to game service, payment service, account service, Website, forum, social network, etc…

1.3.     “website” or “Website” means and refers to the website having address at http://mobgame.mobi/, and other websites used or possessed, owned by Company in maintaining, providing, operating Service, or in relation to the provision of Service.

1.4.     “Partner” means and refers to partner, whether individuals or entities, who co-operates with us in the provision of Service, Content,…

1.5.     “Account” means and refers to a set of characters, or other symbols issued by the Company at the point of commencement of use of Service in order to identify/address an user. The identity (identities) established by the Company based on application(s) of user will be referred to as “User ID”.

1.6.    “game currency” means and refers to the currency unit set out by the Company and based on which, the user may use to exchange, purchase virtual item(s), reward point (if any) in game, as well as purchase for other content and other Service provided by the Company on fee-basis.

1.7.   “Separate Terms of Use” means and refers to the documents that have been published, or will be published by the Company. The publish of Separate Terms of Use may be expressed through the upload/display by the Company with respect to Service under the title of “Agreement”, “Guidance”, “Policy”,… or under other titles on website providing Service. Separate Terms of Use is an integral part constituting this Terms of Use. The reference to and application of Terms of Use also refers and contemplates and applies to any and all Separate Terms of Use (if any).

1.8.   “Content” means and refers to the information and content including, without limitation to document, audio files, music, image, video, software, program, computer code,… that may be accessed, or used through Service.

1.9.            “Submitted Content” means and refers to the content of which the user have sent, uploaded, transmitted, including without limitation to character, document, content, message, notice, image, files relating image, audio, clip,…

1.10.   “Paid Service” means and refers to the Service or Content provided to user on a paid basis, including but not limited to the cases in which Service or Content exchanged by game currency.

1.11.  “Force Majeure” means and refers to the events occurring during the provision of Service that beyond the will of the Company. Force Majeure occurs beyond the reasonable care and control of the Company. Force Majeure includes but not limited to fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation to strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers, hacking or other actions by hackers,…

2.    AGREEMENT TO TERMS OF USE

2.1.  Any and all of users hereby agree and undertake to use the Service in accordance with and in compliance with the regulations provided by Terms of Use and other policies of Company. User must not use the Service unless user agrees with all content of the Terms of Use. This agreement/undertaking is legal and unchangeable.

2.2.  By using and/or continuing using the Service, it shall be deemed that user has agreed with Terms of Use and any change, amendment, supplement of Terms of Use. This agreement is legal and unchangeable.

2.3.  In the event that there are Separate Terms of Use subject to each of Service, user then agrees to comply with regulations provided by Separate Terms of Use and Terms of Use. Separate Terms of Use shall take effect promptly as of the point of uploading and/or displaying on the website.

2.4.  User acknowledges and agrees that, between user and the Company, and between/among user and other users, there is no relation of joint venture, nor partnership, nor employment, nor agency arising out of or in relation to Terms of Use nor to the use of Service by user.

2.5.  Company shall execute the Terms of Use in accordance with relevant regulations and there are no regulations contained herein prevent Company from compliance with the laws, or with order(s) of Government, competent court/arbitration, enforcement agent, or of other State bodies with respect to the use of Website and/or Service by user, or to the information received by the Company from the use of Website and/or Service by user.

3.   AMENDMENT TO TERMS OF USE

The Company is entitled to amend or change/modify the Terms of Use and/or Separate Terms of Use at any time in its sole discretion without prior notice/notification to user. The amendment or change shall come into force immediately as of the point at which the amendment or change is uploaded and/or displayed on the website operated by the Company for the provision of Service. User shall be deemed to agree on such amendment or change/alteration/modification through the act of continuing using Service.

User also agrees that, user takes responsibility for paying careful attention to, or for checking carefully and frequently the Terms of Use upon an issuance of notice/notification regarding the amendment to, or change of Terms of Use, or the amendment to or change of Terms of Use is not released. The notice on, or notification of amendment to, or change of Terms of Use is not an obligation of the Company to publish. Notwithstanding the foregoing, the notice on, or notification of amendment to, or change/modification of Terms of Use shall not affect on the effect of such amendment to, or change of Terms of Use.

4.  ACCOUNT

4.1. Upon providing information to Company, user shall be responsible for the validity, accuracy, sufficiency of the information. User also takes responsibility for keeping information updated time by time whenever there is release of change or modification or amendment or replacement of information.

4.2. In case the user registers for one password upon using the Service, user shall take reasonable care of such password and shall not use such password in actions or manners against the applicable laws, the laws of country where user resides any laws of other countries. Any and all manipulations performed through user’s account shall be deemed to be carried out by user who is owner of such account, and the Company therefore is able and entitled to receive and manage such manipulation on the assumption that the owner of account has carried out and submitted such manipulation. 

4.3. In case that the user changes his/her transmission device, user may not use the data of currency game, submitted Content, etc… on the new device in case that such user has not performed the creation of User ID, or to the extent where there is no function/feature to establish an User ID in the Service.

4.4. The Company, in its sole discretion, and without prior notice to user, is entitled to delete, and/or terminate the use of Service of any and all accounts that has/have not activated and/or operated for the duration of 180 days or more as from the last activation or operation, or as from the last login of such account.

4.5.  Rights of user in using Service shall be automatically terminated upon the deletion or termination of account for any reason.

4.6.  Each of account created in Service shall be for the exclusive use and shall belong to the legal owner of such account. User must not assign nor transfer, nor lend the account to other third party, and shall not inherit account from other third party.

5.   REGULATIONS ON SERVICE

5.1. User shall, at his/her own cost and capacity, to supply computer, mobile-device, transmission device, operation system, data access/connection and other facilities and conditions necessary for the use of Service of such user.

5.2.  Company, in its sole discretion, is entitled to limit or restrict the right to access to (in whole or in part) the Service based on the conditions/criteria set out by the Company, including without limitation to age, identity, status of member, etc…

5.3. Company, in its sole discretion, is entitled to amend or terminate (in whole or in part) the Service at any time without prior notice to user. The amendment of termination shall come into force immediately as from the point at which the Company notices of amendment or termination, unless otherwise provided by such notice.

5.4. With respect to paid-Service, Company does not provide and refund or reimbursement to user in the case of termination of account or of use of Service of user, as well as does not compensate or indemnify for any and all losses and damages in respect of game currency or other expenses. However, this content shall not apply to the case of reasonably being required otherwise by laws.

5.5. Company does not make any guarantee or warranty that the user may access to or use Service at any time nor in any place. The Company also does not make any guarantee or warranty that the Service could be provided without any interruption, error, and does not ensure that such error may be fixed or solved. The Company furthermore does not make any guarantee and warranty that there is no virus, Trojan or other cause in Service and Game. Company does not take responsibilities for any and all losses and damages as a result of interruption, error, hacking, unauthorized-intrusion, firewall-crossed action, information loss (if any) borne or incurred/suffered by user.

6.  ADVERTISEMENT

Company is entitled to provide to user the advertisement of Company, or advertisement of Partner, or other third party through Service. Advertisement of Partner shall be deemed as service of Partner prescribed in Section 7 hereunder.

7.  SERVICE OF PARTNER

Content or other services, as well as advertisement provided by Company’s Partner and the websites in connection or association with Content, service, advertisement may be provided into, or herewith, or attached to the Service of the Company

The user acknowledges, understands and agrees that, Partner shall take responsibility for content and/or service they provide. User understands and agrees that, the Company may associate with Partner to, or on its own provide the link of other websites of Partners or other third party, and user therefore agrees that the Company shall not take responsibility for control of, or for, including without limitation, to content advertisement, service, product,… that fall into knowledge of user from and/or through such websites. User furthermore confirms and agrees that the Company shall not take responsibility for losses and damages borne or incurred/suffered by user as a result of use of such content, advertisement, product by user from such website.

Additionally, user agrees that user shall, in addition to compliance with Terms of Use, comply with terms of use set out by Partner upon using Service provided by Partner.

8.     CONTENT

8.1. Company agrees that the user may, based on non-transferable, non-sub-licensable, non-re-issuable, non-exclusive basis, to use Content provided by Company for the sole purpose of use only.

8.2. Upon using Service and Content, user must comply with appropriate conditions in compliance with expense and used time. Notwithstanding the display of the word “Purchase”, “Sales” or other similar words on Service screen, or through other manners, Company shall own any and all Intellectual Property as well as other right in and/or to Content provided by Company. Under no circumstance shall such rights be transferred to user.

8.3. User must use Content within the scope of use as pre-determined by Company (including but not limited to copy, transmission, simulation, modification, etc…)

8.4. User must maintain the rights as to submitted Content provided by such user as prior to submission, Company shall have no rights as to submitted Content. However, in the event that other users may access or see the submitted Content, or submitted Content is set in “public” mode, then user submitting such submitted Content agrees to grant to Company the license/right which is worldwide, non-exclusive, royalty free license to use, modify, transfer, license, display, reproduce, distribute (to other third party co-operating with Company) without limitation of period of time to be used (after amending or improving or changing such submitted Content by Company) for Content and/or advertisement. The grant of license/right shall take effect as from the point at which the user provides, or uploads, submits such submitted Content.

8.5. In case that Company believes that the user  commits breach of applicable laws, or regulations of Terms of Use with respect to submitted Content, Company has right to prevent or interfere user from use of submitted Content in certain methods, such as Company deletes submitted Content without giving prior notice to user. Under this circumstance shall Company not take responsibility for refunding nor compensating to user for any and all losses or damages suffered by user.

9.  GAME CURRENCY

9.1. Game currency shall be provided to user by means as determined by Company, including without limitation to purchase, sales, special service, promotion, discount and other similar method. The details with respect to method, unit, payment term(s) and other conditions related to game currency shall be decided and determined by Company and shall be displayed in accordance with Service.

9.2. Game currency shall not be exchanged nor used for other purposes other than for purpose of provision of Service as regulated by Company. The amount of game currency necessary for receipt of Service or other content, as well as terms of use of game currency shall be determined by Company and displayed in accordance with Service.

9.3. Upon being spent by user, game currency shall not be reimbursed nor refunded for any reason. However, this regulation shall not be applied to the extent where otherwise being required by laws, nor to the extent where Company otherwise decides. If such instance  so occurs, Company shall handle or refund game currency in accordance with relevant regulations and such information shall be formed and displayed on Company’s website.

9.4. Game currency could be used only within the account through which user spends the game currency and could not be transferred to other accounts. Furthermore, game currency shall not be performed or combined between or among devices running on different operation systems as different types of game currency regardless of game currencies are classified in same name.

10.  LIMITATION AND RESTRICTION

  User must not engage in, and must not carry out directly/indirectly, and/or not encourage the following contents upon using Service, Content:

10.1.The actions in violation of applicable laws, verdict, resolution, order or legal administrative measures of Vietnam, Singapore, the country where user resides and any other countries.

10.2. The actions that may interfere, violate, be against public order or habits and customs of Vietnam, Singapore, the country where user resides and any other countries.

10.3. Actions in infringement of Intellectual Property rights, including but not limited to copyright, trademark, brand, patent, reputation, trade secret, etc… and all of other rights of (i) Company regardless of whether such Intellectual Property rights are under protection or not, and of (ii) other third party pursuant to laws or contract.

10.4. Actions with respect to uploading/posting or transmitting the signs of sex or violence; signs may result in discrimination, or racism, national roots, religion, gender, social status, family root, etc…; signs may result in or encourage suicide, self-injury, or abuse of drugs; signs indicating anti-social including content of opposition and disturbance to others.

10.5. Actions that may result in misleading or misunderstanding of Company and/or other third party or intentionally spreading fraud/wrong information.

10.6. Actions with respect to sending mail/sms/notice without care to users (except for those authorized by Company), or other actions to be considered/deemed as release of junk mail or spam by Company.

10.7. Actions of exchanging the right to use Content, submitted Content or any part of Content, or of Service used by user, or derived from the provision of Service to user.

10.8.  Actions of exchanging the right to use Content, submitted Content or any part of Content or of Service in money, asset or other economic benefit without authorization of Company.

10.9. Actions with respect to use of the Service for sales, marketing, advertising, or for other commercial purposes (except for those authorized by Company); use of the Service for sexual behavior or pornographic; use of the Service for purpose of sex or of defamation to other users, or for purpose of infringement of honor of others, or for purpose of conducting action against other users; use of the Service for the purpose other than the true purpose of Service contemplated or indicated by Company, or for purpose which is against the laws of Vietnam, and/or the law of the country where such user resides, and laws of other countries.

10.10. Actions for benefits or in co-operation with organizations, individuals, groups having activities, or having indication/expression against the (i) laws of Vietnam, society, the policies of Communist Party of Vietnam, regulations of the Government of Vietnam, (ii) laws of Singapore and/or other countries.

10.11. Actions in respect of or with respect to religion, religion activities or invitation regarding religion groups.

10.12.  Actions in breach of laws or fraud that result in collection, disclosure or in provision of personal information, history of user or other similar information of other users.

10.13. User agrees and acknowledges that, user must not participate in any activity or conduct any actions that may result in or may threaten in resulting in interruption or suspension of the maintaining, maintenance, maintainability, provision of Service by Company or of other services and networks in association with Service. User must not carry out any actions, including but not limited to the activity affecting on server or network system of Service; abuse of Service by using BOT’s means, fraud/cheating tools or other technical means; intentional use of Service where error occurs; approach to Service through transmission device which has been changed by cracking, jail-break or other of similar which makes unreasonable/extraordinary demand, order such as repeatedly asking the same question which is unnecessary, and interfering to operation of Company or to the use of Service by user, or approach or use of Service through account created on/through stolen devices, lost devices, of which such user did not create or do not own such account.

10.14. User must not approach or use Service by/through the account of other people without authorization of such people and the approval of Company.

  10.15. Actions in support or in encouragement of any activities prescribed in this Section.

10.16. Other actions to be deemed inappropriate by Company.

11.  RESPONSIBILITES OF USER

11.1.  Carry out strictly, truly, fully the content governed by applicable laws and in accordance with this Terms of Use.

11.2. User uses Service and thus takes the risk on his/her own, takes responsibilities for actions and activities carried out by user as well as the results provided by Service therefor. Company does not take responsibility for the loss of personal information (account, password, information as to payment,…) in the event that the user shares his information with other on network or other in or out game.

11.3. Company is entitled to exercise one or more of the following measures without prior notice to user, in the event of the Company realizes that the user uses Service in breach of Terms of Use. However, Company does not take responsibility for solving, fixing, preventing such breach by user(s):

11.3.1.  Revocation or deletion of (in whole or in part) submitted Content.

11.3.2.  Suspension or revocation the right of user in respect of the use of Service.

11.3.3.  Suspension or deletion of account.

11.3.4.  Suspension (in whole or in part) of Service.

11.3.5.  Any other methods or measures deemed appropriate and/or necessary and/or proper by Company.

11.4. In the event that Company has suffered the loss or damages, or has paid expense(s) (including without limitation to fee for lawyer) direct or indirect (including without limitation to the cases in which Company is sued by third party for damage) as a result of the user’s breach of applicable laws or of Terms of Use, then such user must promptly indemnify Company for any and all loss and damage, expense at the Company’s request.

11.5. Upon the occurrences of error of game or of Service, user should immediately inform the Company of such error. Company will issue the details for the time-limit in which user should inform the error, if user does not inform the error within the time-limit, then the Company does not undertake to figure out nor solve the error for such user. Company is entitled to exercise any and all actions for solving the error to the finest extent in accordance with the capacity and knowledge of Company. The use of error or other hacking/cheating actions may cause user to be warned or restricted/banned.

11.6. User must agree with Company’s third parties and Partner on terms of use and privacy policy of such third parties, Partner.

11.7.  User agrees that user shall not participate in activities or carry out any activities that may result in or threaten in resulting in the interruption or suspension of Service.

11.8. User is only to create, name his/her account, password, character name, as well as transmit, submit, upload the submitted Content in accordance with applicable laws, with habits and customs of the society and country where such user resides, with Terms of Use.

12.   TERMINATION OF ACCOUNT AND SERVICE

12.1. Company, in its sole discretion, is entitled to limit, suspend, terminate, change, amend, modify, delete the account or the right to access to Service, website or the Service, or other contents provided by Company in case that Company questions, or doubts that the user carries out or commits any actions in breach of Terms of Use, or use the Service illegal or against the applicable laws without prior notice. User may lose user-name and personal information as result of termination or limitation of account, as well as benefit, privilege, items/categories derived from the use of Service, and Company does not take responsibility for indemnifying, compensating, reimbursing user for such losses and damages.

12.2. Company, in its sole discretion, is entitled to terminate any account which does not active or operate, or is not logged in by owner from 180 days or more. Any and all relevant rights in and/or to the account shall be terminated along with the termination of account.

12.3. In accordance with applicable laws, Company is entitled to terminate or suspend the provision and support of Service or certain game or part of Service at any time. Upon the termination of Service or game, or (in whole or in part) Service, the grant/license to use Service (in whole or in part) shall be terminated therefore. In such case, Company does not take responsibility for indemnifying, compensating, reimbursing the money, benefit, interest or other compensation or indemnification to user. The termination of account may include disabling the connection/access of user to Service, or any other part including any submitted Content by user, or other content provided by other users.

13.  DISCLAIM AND LIMITATION

13.1. Website and/or Service and any other part thereof, any downloadable soft-ware of Company are provided on "as is, as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. We do not make guarantee or undertaking that our Website and/or Service may satisfy user’s need and/or demand/expectation. We do not make guarantee or undertaking that the provision, operation, maintaining of our Website and/or Service would not be caused by other factors (internal or external) to be interrupted, disturbed, suspended, delayed,…

13.2.  User expressly agrees that use of the Website and/or Service is at user’s sole risk. Neither Company, its parent, subsidiaries, its other affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website and/or Service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the site, or as to the accuracy, reliability or content of any information, service, or merchandise, items, categories provided through the Website and/or Service.

13.3. To the fullest extent permissible by applicable law, in no event (including negligence) shall Company, or its present or future parents or affiliated companies, be liable to user(s) for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the Website and Service or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Website and/or Service, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the Website and/or Service. User(s) agree(s) that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if Company or its present or future parents or affiliated companies has been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, user also specifically acknowledge that Company and/or its present or future parents and affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the Website and/or Service, or any other third parties.

In no event (including negligence) shall Company’s or its present or future parents or affiliated companies’ total liability for all damages, losses, and causes of action exceed ten U.S Dollars (US $10.00).

13.4. Company makes no representations regarding the amount of time that any Content or submitted Content will be preserved.

13.5.  If applicable law does not allow all or any part of the disclaimer, limitation of liability to apply to user, the limitations will apply to user only to the extent permitted by applicable law.

13.6. By accessing and using the Website and/or the Service, user acknowledges and agrees to Company's disclaimer of any such liability. If user does not agree, user should not access or use the Website and/or the Service.

14.  THE INTELLECTUAL PROPERTY OF COMPANY

User agrees and acknowledges that, the Service of Company, and all necessary soft-wares, and the instrument/material constituting the Service, including but not limited to image, trademark, logo, design, drawing, indication, notification, conversation form, map, code,… and other instruments/materials constituting Service (collectively referred to as “Intellectual Property”), are exclusive and proprietary properties vesting in Company at any time and under any circumstance.

User agrees and acknowledges that, at any time, Intellectual Property shall be protected by applicable laws in any country regardless of whether Company has carried out procedure for protection of such Intellectual Property or not. User must not use Intellectual Property of Company and Partner in any commercial purpose, or for purpose of benefit unless otherwise approved by Company in writing. In case that user uses Intellectual Property for non-commercial purpose, user must not change, amend, modify, affect, encumber and any other actions that may adversely and negatively affect the Intellectual Property, the brand, reputation, honor of Company.

15.  GOVERNING LAWS AND DISPUTE SETTLEMENT

15.1. The Terms of Use is governed by and construed in accordance with the laws of Singapore. If any provisions or part of Terms of Use are found by a court or competent jurisdiction to be invalid or unenforceable, such provisions or part shall not affect the enforceability of other provisions and contents of Terms of Use.

15.2. Company and user agree to first attempt to negotiate any dispute informally for at least 30 days before initiating arbitration.  Such informal negotiations commence upon receipt of written notice from one person to the other.

Any dispute, claim, or controversy of any kind between Company and user(s) arising under these Terms of Use or in connection with user’s access to, and/or use of, and/or the provision of Website and/or Service, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held at Vietnam International Arbitration Centre (VIAC) in Hanoi city, Vietnam in accordance with VIAC’s arbitration rules in effect at the time of submission of claim.

The language used in arbitration and relevant proceedings shall be English.

Company shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to five thousand U.S Dollars (US $5,000), unless the arbitrator(s) finds the arbitration to be frivolous. User is responsible for all other additional costs that user may incur in the arbitration including, but not limited to attorney's fees and expert witness costs unless Company is otherwise specifically required to pay such fees under applicable law. 

16.   MISCELLANEOUS

  16.1. In the Terms of Use:

- References to the singular number shall include references to the plural number and vice versa.

- References to natural persons shall include bodies corporate and vice versa.

- Words denoting any gender shall include all genders.

16.2. Neither Company nor user shall be liable for damages or for delays or failures in performance resulting from occurrence of Force Majeure, provided that the party suffering Force Majeure informs the other of Force Majeure within five (05) working days as from the date on which Force Majeure occurs or affects such party.

16.3. The Terms of Use constitute a binding agreement between Company and user, and is accepted by user upon user’s use of the Website and/or Service or user’s Account. The Terms of Use constitute the entire agreement between Company and user regarding the use of the Website and/or Service or user’s Account.

17.   QUESTIONS FOR ABOVE REGULATIONS

17.1. In case that user raises any question or claim as to the provisions or our Service, please contact us through email: support@mobgame.mobi