TERMS OF USE

1.Objects and Purposes

These Terms of Use sets forth the terms and conditions which shall govern the access and use of all services, features and content made available through or in connection with the Game (as defined below) on the website at https://jobtribes.playmining.com/en/ and https://game-jtcb.playmining.com webservice, as well as any other media form, media channel, mobile webservice or mobile application related, linked, or otherwise connected thereto (collectively, the “Services”) provided by Digital Entertainment Asset Pte. Ltd. (the “Company”) to users of the Services (the “User” or “Users”, depending upon the context).

By downloading, installing, accessing or using the Services, the Users agrees to be bound by these Terms of Use and consents to the collection and processing (as set forth in the privacy policy located at https://dea.sg/policy/ (the “Privacy Policy”)) of their data. If the User does not agree to these Terms of Use or to the terms of the Privacy Policy, the User should not download, install, access and use the Services. In addition, when accessing or using the Services, the User may be subject to any additional posted guidelines or rules applicable to the specific part of the Services, as may be modified from time to time by the Company. All such guidelines or rules are hereby incorporated by way of reference into these Terms of Use.

2.Definitions & Interpretation

The following words and terms shall have the meanings set forth below when they are used in these Terms of Use.

“Account” means the PlayMining user account created by the User, through a registration process for the purpose of accessing or using certain Services;
“Amulet” means a card item used in the Game;
“DEAPcoin” or “DEP” means a crypto asset used for buying and selling of NFT (Digital Art) and in-game items in the Game;
“DEAPcheck” means an in-game item that can be obtained in the Game and/or issued by the Company that is exchangeable for DEAPcoin;
“Game” means the game service operated by the Company known as “Jobtribes”;
“Game Data” means the data accrued within the Services of the User’s playing of the Game, including among others, the User’s time of play, created characters, parameters (such as the ability values associated with the characters), acquired items, acquired in-game currencies, and session specific information. Game Data may include personal data;
“In-game Currencies” means PALEcoin and DEAPcheck;
“NFT” means a blockchain-tracked, non-fungible token;
“NFT (Digital Art)” means the NFT digital artworks which can be purchased and sold on the NFT Marketplace by DEP, and can be displayed within the Game;
“NFT Marketplace by DEP” means an online auction service provided by the Company known as “NFT Marketplace by DEP”;
“DEAPcoin” or “DEP” means a crypto asset used for buying and selling of NFT (Digital Art) and certain in-game items in the Game;
“DEAPcheck” means an in-game item that can be obtained in Game and/or issued by the Company that is exchangeable for DEAPcoin;
“Instant Purchase” means the purchase and sale of NFT (Digital Art) through a direct transaction between buyer and seller;
“PALEcoin” means an in-game currency that can be obtained in JobTribes and/or issued by the Company that is exchangeable for DEAPcheck;
“PlayMining” means the PlayMining platform available at https://playmining.com;
“PlayMining ID” means an Account’s unique PlayMining user identification created by the User; and
“Scholarship” means the system of lending and borrowing of Amulet that is fortified with NFT (Digital Art) to other Users.

3.Playing the Game

The User does not need to register for a PlayMining ID to play the Game. In order to continue playing the Game and save the User’s progress in the Game (Game Data), the User will have an option to create an Account via the Game. The Users who has registered an Account will have full access to and use of the Services.

4.Account Registration

The User shall provide genuine, accurate, complete and up-to-date information requested by the Company in respect of the registration of an Account. Failure to comply with this requirement may result in immediate suspension of the Account and/or the User’s right to access and use one or more of the Services.

By using the Services, the User represents and warrants that the User is of legal age and not under the legal age (a “Minor”). Any Minor can’t use the Services without prior approval by the Company.

In the event there is any change in the registered information after the registration of an Account, the User shall promptly amend the registration information and complete the change procedure on the Service, or otherwise notify the Company of such change in the registered information in writing together with the updated information using the method prescribed by the Company. The Company shall not be responsible or liable for any damage, loss or costs suffered or incurred by the User as a result of the User’s failure to change the registered information or promptly report to the Company of such changes.

5.Management of the Account

The User shall not disclose, lend, assign, sell or, pledge the Account to any third party. The User shall be entirely responsible in maintaining the security of the Account and the Account’s credentials and of the use of his/her Account for accessing to and using the Services and all activities performed through such use, as well as the results, whether authorised or not.

If the User is aware of any unauthorized use of the Account or any other breach of security, the User agrees to promptly notify the Company to that effect in accordance with these Terms of Use and the method stipulated by the Company, and shall comply with the Company's instructions, if any.

The Company shall not be liable for any damage caused by the fact that the change in registered information was not made. In addition, even if a change in registration information has been made, any transactions that have already been processed before the change in the registered information will be made based on the information before the change in registration information.

6.Restriction, Suspension or Termination of Account

The Users acknowledge and agrees that the Company shall be entitled to terminate, suspend or restrict the User’s rights to the Account or access to any part of the Services, at any time, without notice, such as but not limited to, the following situations:

(1) the User and/or the Account is engaged in any prohibited activities in clause 16 or otherwise acts in violation of these Terms of Use, Privacy Policy or any existing laws, rules and regulations;
(2) the User and/or the Account is subjected to any governmental proceeding, criminal investigation, litigation, etc.;
(3) the User’s use of the Services is in connection with any unlawful, illegal or prohibited activity;
(4) the Account is detected to have been compromised or accessed without being authorized;
(5) failure by the User to make payments in accordance with these Terms of Use;
(6) a petition for bankruptcy is filed against the User;
(7) the User’s request to have the Account closed, provided that there is no pending order or transaction on the User’s Account; and
(8) any other events which is deemed by the Company, in its sole and absolute discretion, to be inappropriate for the User to continue using the Services.

Notwithstanding the above, the Company will make reasonable efforts to notify the User’s rights to the Account and/or access to the Services may be restricted, suspended or terminated.

The User further acknowledge and agrees that the Company shall assume no liability for any damage suffered by the User due to their Account being restricted, suspended, or terminated. The Company shall have the right to keep and use the transaction data, records and other information that is related to such Account. Should the Account be terminated, the Account and transactional information required for meeting data retention standards will be securely stored for one (1) year. In addition, if the User have any unfinished transaction during the Account suspension or termination process, the Company shall have the right to notify a counterparty on the status of the User’s Account.

7.Game Data

The User shall be entitled to utilize all and any Game Data created in the Game by the User’s use of the Service on a non-exclusive basis only within the scope and for the purposes specified by the Company.

The User shall not transfer, sell, assign or allow a third party to use the Game Data or otherwise dispose of the Game Data held or possessed by the User.

The Company may in its sole and absolute discretion to delete, transfer, modify or add to all or part of the Game Data, at any time, without notice, and for any other reasons deemed necessary by the Company to ensure a balanced Game experience.

8.Acquiring In-game Currencies

The User may obtain In-game Currencies in accordance with the applicable rules of the Game in relation to In-game Currencies.

The User’s shall only be entitled to acquire In-game Currencies subject to any restrictions, limitations or requirements imposed by the Company in its sole discretion.

The Company may vary from time to time without prior notices the Game rules at the sole discretion of the Company.

9.Use of In-game Currencies

The User may use In-game Currencies to purchase certain in-game items in the Game in accordance with the Terms of Use in such a manner as specified by the Company.

When the User wishes to purchase any in-game item, the amount of In-game Currencies required for the transaction shall be deducted from balance of the User’s account in the Game accordingly.

The information pertaining to the User’s In-game Currencies and Account details shall be stored on the Company's servers. The User can only use the same Account in which the In-game Currencies is held to purchase in-game items in the Game.

The Users are solely responsible for the access to, and control over, the management of their In-game Currencies.

The User is not allowed to lend, sell, buy, gift, donate or otherwise transfer In-game Currencies to any third party in the Game.

The use of In-game Currencies shall be subject to any such other terms, conditions, restrictions, limitations or requirements as may be imposed by the Company at any time and in its sole discretion.

10.Effect of Termination of Account on In-game Currencies

Upon termination of an Account, the In-game Currencies under the Account will be voided with immediate effect. The User shall not be entitled to any payments, refunds, compensation or reimbursement of any kind from the Company or otherwise in respect of the voided In-game Currencies.

11.Use of DEAPcoin

The User may use DEAPcoin to purchase certain in-game items (including rights to challenge special quest) as may be provided in the Game in accordance with the Terms of Use in such a manner as specified by the Company.

In the event that the User purchase any in-game item (including rights to challenge special quest) with DEAPcoin, the amount of DEAPcoin required for the transaction shall be deducted from balance of the User’s Account accordingly. The User should ensure that the Account has sufficient balance of DEAPcoin or the transaction may be declined.

The Users are solely responsible for the access to, and control over, the management of their DEAPcoin.

The use of the DEAPcoin shall be subject to any such other terms, conditions, restrictions, limitations or requirements as may be imposed by the Company at any time and in its sole discretion.

12.Scholarship

The Scholarship is the system through which Users can borrow and/or lend Amulets that are fortified with particular NFTs (Digital Art) owned by the User.

The Users may lend or borrow their Amulet to other Users. The User lending the Amulet is called as the “Owner”, and the User borrowing the Amulet is called as the “Scholar”.

The DEAPcheck attained by the “Scholar” during the period in which the “Scholar” borrowed an Amulet from the “Owner” will be sent automatically to the “Owner”.

During the leasing period of the Amulet, the “Owner” cannot make any transactions with the NFT (Digital Art), that is being used to fortify the Amulet that is being leased, on the NFT Marketplace by DEP.

The Company will not be responsible for any User’s actions or any consequences resulting from such Users using the Scholarship.

Any purchase and sale of NFT (Digital Art) shall be made through the NFT Marketplace by DEP and shall be subject to the terms of use as set forth in the NFT Marketplace by DEP.

13.Services and Performance

The Game is provided by the Company as free-to-play to the Users registered with an Account, but the User may purchase In-game Currencies and in-game items in the Game to speed up gameplay and gaming progress.

The User acknowledge and agrees that the Company is not responsible for any hardware, software or internet connection access, quality, suitability or unavailability issues in connection with the use of the Services. The User shall be responsible for all fees relating to telephone and internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers, including, without limitation, broadband, cable, modems, hardware, software, data, and long distance or local telephone service.

14.Ownership of Intellectual Property Rights

All intellectual property rights pertaining to the Services (including or related to all Game Data and all source code, databases, functionality, software, website or webservice designs, audio, video, text, photographs, and graphics) and the trademarks, service marks, and logos contained therein (the “Marks) are owned, controlled by or licensed to the Company and are protected by copyright and trademark laws and various other intellectual property rights, international copyright laws, and international conventions. The User shall not attempt to copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit the Marks for any commercial purpose whatsoever, without our express prior written permission.

The User shall not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit for any commercial purpose whatsoever, any contents or Marks in the Game (including images, movies, voices, logos, texts, and programs relating to the Game and the website and webservice providing the Game) without the prior written consent of the Company. The User agrees that the User shall not use or register any trademark, business name, domain name or social media account name or handle which incorporates in whole or in part the Marks or is similar to any of these.

15.Handling of Personal Information

The Company shall handle personal information obtained from the Users relating to the provision of the Services in an appropriate manner in accordance with the Privacy Policy of the Company, and will strive to properly protect and manage personal information.

16.Prohibited Activities

The User may not access or use the Services for any purpose other than that for which the Company makes the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the Company. By accessing or using the Services, the User further agree that the User is solely responsible for the User’s conduct and the User shall not:

(1) engage in any defamatory, abusive, disrespectful, harassing, threatening, intimidating, violent, predatory or stalking conduct or otherwise violate the legal rights (including the rights of privacy and publicity) of others, including against the Company, any of its affiliates, or their officers or employees or other companies (persons) or groups;
(2) interfere with or disrupt the Services or the Company’s business by making improper use of support services, submitting excessive or unreasonable inquiries, submitting false reports of abuse or misconduct;
(3) use or attempt to use another User’s Account without authorisation from that User to impersonate or misrepresent the User’s affiliation with another User or person or use the username of another User;
(4) disparage, tarnish or otherwise harm the reputation or credibility of the Company, a person related to the Company or another User;
(5) use the Services to advertise or offer to sell goods and services (other than NFT (Digital Art)), including whether for religious activities, solicitation of businesses or services, etc.;
(6) use the Services in a manner inconsistent with the applicable laws or regulations;
(7) commit acts against public order and morals;
(8) promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
(9) promote or provide instructional information about illegal or harmful activities or substances;
(10) upload, post, email, transmit, distribute copies of or otherwise make available any unlawful, inappropriate, defamatory, obscene, child pornographic, child-abusive, vulgar, offensive, fraudulent, false, misleading, or deceptive content or message;
(11) create, post, store or share any content that would adversely affect or interfere with the sound upbringing of minors;
(12) collect, accumulate, or disclose the personal information of other users or third parties without such third party’s consent;
(13) use the Services for unauthorized means, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating Accounts by automated means or under false pretenses;
(14) dispose all or part of the Account to third parties by way of sale, transfer, pledge, loan, exchange, assignment, collateral or any other means;
(15) be registered with more than one (1) PlayMining ID at any given time without the prior written permission from the Company;
(16) use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party, including but not limited to, (a) the gathering of in-game items or resources on the Services for resale, or (b) selling, reselling, or leasing the Account;
(17) access or use the account of another User through unauthorized or illegal means;
(18) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from the Company;
(19) circumvent, disable, or otherwise interfere (or attempt to circumvent, disable, or otherwise interfere) with any technological measures or security-related features implemented by the Company, including features that prevent or restrict the use or copying of any information or data or enforce limitations on the use of the Services and/or the data contained therein;
(20) use any data mining, scraping, robots or similar data gathering or extraction methods;
(21) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malware, corrupted data or other harmful, disruptive or destructive files that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
(22) develop or use any applications or software not intended by the Company to operate the Services;
(23) decipher, decompile, disassemble, create derivative works of or reverse engineer any of the software comprising or in any way making up a part of the Services;
(24) create data or executable programs that mimic data or functionality in the Game;
(25) copy or adapt the Services whether in whole or in part for sale or redistribution or otherwise;
(26) encourage, abet, aid, facilitate or enable any other individual to carry out any of the foregoing acts;
(27) any other act in violation of these Terms of Use;
(28) any other acts which are similar to or deemed to be likely to conflict with any of the acts set forth above; or
(29) any other acts that is deemed by the Company to be inappropriate.

17.Modification, Interruption and Termination of the Services

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part of thereof) at its sole discretion, at any time, for any or no reason, with or without notice to the User. The User agree that the Company shall not be liable to the Users on account of any change to the Services and that the Company is under no duty or obligation to update any information on the Services.

The Company may, on a regular or irregular basis, carry out maintenance or servicing of devices, facilities, software and hardware or other problems or where maintenance related to the Services is required. The User understand and agree that the Company shall assume no liability whatsoever for any loss, damage, or inconvenience caused by the User’s inability to access or use the Services during any downtime or discontinuance of the Services. The Company shall provide the Users with an advance notice, in the form and manner that the Company deems appropriate, except in situation where the suspension or termination is a result of an emergency or unforeseeable circumstances beyond the Company’s control.

18.Taxes and Fees

The User shall be solely responsible to pay for any and all currency conversion charges, third party fees, sales, use, value-added, personal property or other charges, tax, duty or levy of any kind imposed by different jurisdictions, including interest and penalties thereon, whether imposed now or hereinafter by any governmental entity fees that the User incur in connection with, or by reason of the User’s use of, the Services.

19.Warranties and Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND THE COMPANY DOES NOT GUARANTEE THE EXISTENCE, CONTENT, OR PERMANENCE OF THE SERVICES. THE USER ACKNOWLEDGES THAT THE USE OF OR RELIANCE ON THE SERVICES (INCLUDING THE GAME) AND ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED OR OBTAINED THEREBY IS AT THE USER’S SOLE RISK AND DISCRETION. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SECURITY. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY OF INFORMATION OR COMPLETENESS OF THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED OR OBTAINED ON THE SERVICES (INCLUDING DESCRIPTIONS OF QUALITY, PRICING, AVAILABILITY, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES OR THE IN-GAME ITEMS ADVERTISED AND OFFERED THROUGH THE SERVICES) OR ANY THIRD PARTY CONTENT LINKED TO THE SERVICES OR THAT THE SERVICES WILL MEET THE USER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR FREE OF ERROR, VIRUSES OR OTHER HARMFUL COMPONENTS BASIS.

THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, INADEQUACY OR INACCURACIES OF CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES; (2) LOSS OF GAME DATA AND OTHER INTEGRITY OF INFORMATION; (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE SERVICES; (4) ANY UNAUTHORISED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (7) ANY CLAIMS BY A THIRD PARTY AGAINST THE USER FOR ACTUAL OR ALLEGED INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR MORAL RIGHTS; AND/OR (8) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

20.Indemnity

THE USER AGREES TO BE LIABLE FOR AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY (AND ITS AFFILIATES, AGENTS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND PARTNERS) AGAINST ANY AND ALL CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE USER’S ACCESS TO OR USE OF THE SERVICES; (B) A VIOLATION OF THESE TERMS OF USE OR PRIVACY POLICY; (C) THE USER’S VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY; OR (D) ANY ACT THAT IS ATTRIBUTABLE TO THE USER.

21.Limitation of Liability

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES OR PARTNERS, SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OR CORRUPTION OF DATA (INCLUDING GAME DATA AND OTHER INTEGRITY OF INFORMATION), LOSS, EXPIRY OR VOID OF IN-GAME CURRENCIES OR DEAPCOIN, INTERRUPTION OF SERVICES OR OTHER DAMAGES, ARISING OUT OF OR INCONNECTION WITH THESE TERMS OF USE OR THE USE OF, OR INABILITY TO USE THE SERVICES, WHETHER BASED ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, INDEMNITY, BREACH OF WARRANTY OR OTHER THEORY ARISING FROM THE USE OF THE SERVICES (INCLUDING THE SUSPENSION OR TERMINATION OF THE ACCOUNT OR SERVICES), REGARDLESS OF WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION.

WITHOUT PREJUDICE TO THE FOREGOING, THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO, OR ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS OF USE OR THE SERVICES, SHALL IN NO EVENT, EXCEED THE TOTAL AMOUNT THAT THE USER HAVE PAID (IF ANY) TO THE COMPANY FOR THE GAME AND/OR THE SERVICES TO WHICH THE CLAIM RELATES FOR ONE INCIDENT OR SERIES OF INCIDENTS ATTRIBUTABLE TO THE SAME CAUSE IN THE IMMEDIATE TWELVE (12) MONTHS PERIOD BEFORE THE INCIDENT OR INCIDENTS.

22.Amendment of Terms of Use

The Company reserves the right to change, modify, add or remove portions of this Terms of Use and Privacy Policy from time to time. In the event that the Company changes, modifies, adds or remove portions of this Terms of Use and/or Privacy Policy, the Company will provide notice of such changes within the Game system or on the website at https://jobtribes.playmining.com/en/ or by such other method of notification as the Company may designate. Unless otherwise stated in the notice, the revised Terms of Use and/or Privacy Policy will be effective immediately. The User will be deemed to have accepted the revised Terms of Use and/or Privacy Policy if the User continues to access and use the Services after the provision of the notice. If the User does not agree to the revised Terms of Use and/or Privacy Policy, the User must stop accessing or using the Services immediately.

23.Governing Law and Dispute Resolution

The terms set forth in these Terms of Use shall be construed in accordance with the laws of the Republic of Singapore. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Services, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC as modified or amended from time to time (“SIAC Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the SIAC Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration section to be enforceable under applicable law.

24.General Provisions

(1) Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and the Company’s rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies the Company may have in law or in equity, and no exercise by the Company of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
(2) No waiver: The failure of the Company to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
(3) Severability: If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated in these Terms of Use.
(4) Rights of third parties: A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms of Use. For the avoidance of doubt, nothing in this Sub-section shall affect the rights of any permitted assignee or transferee of these Terms of Use.
(5) Injunctive relief: The Company may seek immediate injunctive relief if the Company make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
(6) Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on the Company’s part shall be subject to correction without any liability on the Company’s part.
(7) Entire agreement: These Terms of Use shall constitute the entire agreement between the parties relating to the subject matter of these Terms of Use, and supersedes and replaces in full all prior understandings, communications and agreements between the parties in respect of that subject matter.
(8) Assignment: The Company may assign any or all of its rights and obligations to others at any time.
(9) No partnership: No joint venture, partnership, employment, or agency relationship exists between the User, the Company or any third party provider as a result of these Terms of Use or use of the Services.
(10) Force Majeure: The Company shall not be liable for non-performance, error, interruption or delay in the performance of the Company’s obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond the Company’s reasonable control.
(11) Termination: The User hereby agree that the Company is entitled to terminate these Terms of Use immediately in the event that the User is found to be in breach of any of these terms stipulated in these Terms of Use. For the avoidance of doubt, the termination of these Terms of Use shall not require the Company to compensate, reimburse or cover any cost incurred by the User in the course of the User’s accessing the Game and/or using the Services.