USER AGREEMENT

1. INTRODUCTION

1.1 This User Agreement sets out the terms and conditions by which IFUN Singapore Pte Ltd and its affiliates and subsidiaries (individually and collectively, “IFUN“, “we“, “us” or “our“) offer:

(a) our PC and mobile games (“Games”);

(b) the underlying Games client software and the IFUN PC and mobile platform client software (“Software”); and

(c) this website (“Site”);

(d) any other apps, websites, games or services that link to this User Agreement, regardless of how you access or use them, including through mobile devices,

(collectively, the “Services”).

1.2 The Services also include any services provided by or through the IFUN platform client software, any services made available through our Games or the Site, and all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including without limitation any mobile application services) or other materials made available by or through us (“Content“). Any updates, upgrades and new features added to or augmenting the Services are also subject to the User Agreement.

1.3 Please read the User Agreement carefully before using the Services or opening a IFUN account (“Account“) so that you are aware of your legal rights and obligations with respect to IFUN.

1.4 BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THE USER AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES. IF YOU ARE YOUNGER THAN 18 YEARS OLD OR THE RELEVANT “AGE OF MAJORITY” WHERE YOU LIVE, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE USER AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE “AGE OF MAJORITY” WHERE YOU LIVE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE USER AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES, INCLUDING PURCHASES MADE BY THE MINOR, WHETHER THE MINOR’S ACCOUNT IS NOW OPEN OR CREATED LATER AND WHETHER OR NOT THE MINOR IS SUPERVISED BY YOU DURING SUCH PURCHASE.

1.5 IFUN has the right to revise the User Agreement at any time without providing notice to its users. It is your responsibility to check this page regularly to make note of any changes. Your continued use of the Services shall be deemed irrevocable acceptance of those revisions.

1.6 IFUN reserves the right to change, modify, suspend or discontinue any portion of the Services at any time. IFUN may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. IFUN may also impose limits on certain features or restrict your access to parts of, or the entire, Services in its sole discretion and without notice or liability.

1.7 IFUN reserves the right to refuse to provide you access to the Services or to allow you to open an Account for any reason.

 

2. PRIVACY

2.1 Please review our Privacy Policy to understand how IFUN collects and uses the information associated with your Account and/or your use of the Services. By using the Services or agreeing to the User Agreement, you consent to IFUN’s collection, use, disclosure and/or processing of your Content and personal data as described in the Privacy Policy.

 

3. LIMITED LICENSE

3.1 IFUN grants you a non-exclusive, non-transferable limited right and license to install the Software and access and use the Services, subject to the terms and conditions of the User Agreement and for personal use only. This license does not allow you to make any commercial use or any derivative use of the Services (including without limitation any of its individual elements, including but not limited to the Games, Software or Content). All rights not specifically granted by IFUN under the User Agreement are hereby reserved by IFUN.  Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by IFUN.

3.2 You acknowledge and agree that all title, ownership rights and intellectual property rights connected with the Services (including but not limited to any derivative works, titles, computer code, objects, themes, characters, character names, stories, dialogues, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated in the Services, and any related documentation) are the property of IFUN and where applicable, third party proprietors identified in the Services.

3.3 By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the Services on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.4 You may link to the Site from your website, provided that your website does not imply any endorsement by or association with IFUN. You acknowledge that IFUN may, in its sole discretion and at any time, discontinue providing any part of the Services without notice.

 

4. TERMS OF USE

4.1 The license for use of the Services is effective until terminated as set forth in the User Agreement or if you fail to comply with any term or condition of the User Agreement. In such event, no notice shall be required by IFUN to effect such termination.

4.2 You agree not to:

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) use the Services to harm minors in any way;

(c) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(e) remove any proprietary notices from the Services;

(f) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of IFUN;

(g) use the Services for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;

(h) use the Services for fraudulent purposes;

(i) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by IFUN with respect to the Services and/or data transmitted, processed or stored by IFUN;

(j) harvest or collect any information about or regarding other Account holders, including without limitation any personal data or information;

(k) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(l) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(m) upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other unauthorised form of solicitation;

(n) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(o) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

(p) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other user’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(q) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

(r) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including without limitation laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;

(s) use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

(t) use the Services to violate the privacy of others or to “stalk” or otherwise harass another; and/or

(u) use the Services to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.

4.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not IFUN, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Services. IFUN does not control the Content posted through the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will IFUN be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available through the Services.

4.4 You acknowledge that IFUN may or may not pre-screen Content, but that IFUN and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or remove any Account or Content that is available through the Services for any reason. Without limiting the foregoing, IFUN and its designees shall have the right to remove any Account or Content that violates the User Agreement, if we receive a complaint from another user, if we receive a notice of intellectual property infringement or other legal instruction for removal (including but not limited to any notice, instruction or order by any regulatory or governmental body to remove, suspend or delete any Account or Content), or if such Account or Content is otherwise objectionable. We may also block delivery of a communication (including without limitation status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by IFUN or submitted to IFUN, including without limitation information in IFUN forums, instant messaging channels and in all other parts of the Services.

4.5 In the event your Account is deleted or deactivated in accordance with the preceding Clause 4.4, all Virtual Currency and Virtual Items (as defined below) in your Account shall be forfeited to the fullest extent permitted by law. For the avoidance of doubt, if you had accessed the Services without registering for an Account, should you uninstall the Software or if your computer, mobile device, or any other device through which you accessed the Services is damaged, all Games-related data will be lost and unrecoverable, including but not limited to all Virtual Currency and Virtual Items. To prevent the loss of Games-related data, you are encouraged to register for an Account before accessing the Services.

4.6 If you are accessing the Services from the People’s Republic of China, you further agree that you shall comply with any statutory limits on access to the Services, and we shall not be liable for any breach by you hereof.

4.7 You acknowledge, consent and agree that IFUN may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over IFUN or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of IFUN, its users and/or the public.

 

5. SOFTWARE UPDATES AND PATCHES

5.1 We may provide updates, patches and other modifications to the Services that must be installed for you to continue to play our Games properly or at all. We may update, patch or modify the Software remotely and access the Software residing on your machine or device for such purpose, and you hereby grant to IFUN the right to deploy and apply such patches, updates and modifications. All provisions of the User Agreement that refer to “Software” shall also include all such patches, updates and modifications.

 

6. ACCOUNTS AND SECURITY

6.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID“) and password, and by providing certain personal information. You undertake that you shall provide true and accurate identity information about yourself during in the registration for an Account. A failure to provide true and accurate identity information about yourself, or the use of another person’s identity information for the registration of an Account shall be a breach of the User Agreement, and our license to you for use of the Services may be terminated at our sole discretion. If you select a User ID that IFUN, in its sole discretion, finds offensive or inappropriate, IFUN has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. IFUN has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service applicable to those products, websites or services, including their respective privacy policies, if different from the User Agreement and/or our Privacy Policy, may also apply to your use of those products, websites or services.

6.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session, (c) immediately notify IFUN of any unauthorised use of your User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. IFUN will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

6.3 You agree that IFUN may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your Account and your User ID, and remove or discard from the Services any Content associated with your Account and User ID. Grounds for such termination may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of the User Agreement, (c) violation of any applicable law, (d) fraudulent, harassing, defamatory, threatening or abusive behaviour or (e) behaviour that is harmful to other users, third parties, or the business interests of IFUN. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim (under any cause of action whatsoever) either against IFUN, or which in any way involves IFUN, then IFUN may terminate your Account.

6.4 If your Account is or remains inactive (which means you have not logged into your Account) for more than 3 years, IFUN has the right to delete or deactivate your Account and all Virtual Currency and Virtual Items (as defined below) in your Account shall be forfeited.

6.5 You may only use the Services and/or open an Account if your applicable jurisdiction allows you to accept the User Agreement.

 

7. CHARGES AND PAYMENTS

7.1 If there is a charge associated with the purchase of IFUN in-game virtual currency (“Virtual Currency ”), virtual in-game items (“Virtual Items”) or other Services, you agree to pay that charge in order to receive such Virtual Currency, Virtual Items or to receive access to and/or the benefits of such Services. The price stated for the Virtual Currency, Virtual Items and/or Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel your access to the Services if we do not receive full payment from you within the stipulated due date for payment. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your Account and its Content.

7.2 To pay the charges for any Virtual Currency, Virtual Items or other Service, you will be asked to select a payment method before you complete your purchase or at the time you sign up for that Service. You can access and change your billing account information and payment method at any time. You agree to allow IFUN to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account information current at all times. Changes that you make to your billing account will not affect charges we submit to your billing account before we are able to reasonably act on your changes.

7.3 By providing IFUN with a payment method or otherwise purchasing any Virtual Currency, Virtual Items or other Services, you:

(a) represent that you are authorised to use the payment method that you provided and that any payment information you provide is true and accurate;

(b) authorise IFUN to charge you for the Services using your preferred payment method; and

(c) authorise IFUN to charge you for any paid feature of the Services that you choose to sign up for or use while the User Agreement are in force.

7.4 Depending on the nature of the purchase, we may bill you (a) in advance; (b) at the time of purchase; or (c) on a recurring basis for a subscription-based Service.

7.5 We may change the price of Virtual Currency, Virtual Items and/or any Service at any time. If there is a fixed term and price for your Service offer, that price will remain in force for the duration of that term.

7.6 Once purchased, any purchased Virtual Currency or Virtual Items will be valid indefinitely until your Account is terminated for any reason or if we are no longer able to legally service your Account (for example, if you withdraw your consent for us to use your personal data). If your Account is or remains inactive (which means you have not logged into your Account) for more than 3 years, IFUN has the right to delete or deactivate your Account and all Virtual Currency and Virtual Items in your Account, shall be forfeited.

7.7 Virtual Currency and Virtual Items have no monetary value and have no value outside of the Services. Virtual Currency and Virtual Items cannot be sold, traded, transferred, or exchanged for cash. Virtual Currency may be only redeemed for Virtual Items or other entitlements available via our Games and Services.

7.8 Unless otherwise provided by applicable law or by the express terms of a Service offer, all purchases are final and non-refundable. Once you redeem any Virtual Currency for a Virtual Item or other entitlement, that Virtual Item or other entitlement is final and not returnable, exchangeable, or refundable. You may cancel any Services at any time, but all pre-payments and all purchased Shells are strictly non-refundable.

 

8. MEMBERSHIP SUBSCRIPTIONS

8.1 We may offer membership subscription plans in our Games (“Subscriptions”). Subscriptions may be weekly, monthly or such other recurring period as determined by us and notified in our Games (“Subscription Period”).

8.2 Subscriptions may be purchased by paying the fee specified in our Games (“Subscription Fee”) and are subject to the terms and conditions in Clause 7 above and the additional terms and conditions published within our Games.

8.3 Subscriptions will be automatically renewed for further Subscription Periods, and you will be charged the Subscription Fee, at the end of each Subscription Period until cancelled by you. As we will not notify you prior to such renewal, you are advised to monitor your Subscriptions.

8.4 You may cancel your Subscription at any time through Google Play or the App Store (as the case may be). Upon cancellation, your Subscription shall not be renewed and shall expire on the last day of the Subscription Period.  In the event your Subscription Fee or any part of it is refunded, we reserve the right to deduct any Virtual Currency or Virtual Items previously granted by us in the Subscription Period prior to your cancellation taking effect.

8.5 We may allow you to subscribe for more than one Subscription at a time. Subscriptions may have limited availability.  Once Subscriptions are fully subscribed, they may no longer be made available for purchase.  We reserve the right to make changes to our Subscriptions at any time.

 

9. DISCLAIMER

9.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY IFUN OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, IFUN DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SERVICES AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9.2 The above disclaimer applies to the fullest extent legally permissible in the jurisdiction you are in.

 

10. EXCLUSIONS AND LIMITATION OF LIABILITY

10.1 IN NO EVENT SHALL IFUN BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF IFUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICES.

10.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, IFUN IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE TOTAL AMOUNT PAID TO US FOR YOUR USE OF THE SPECIFIC SERVICE IN WHICH YOUR CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM, OR SGD 100 (ONE HUNDRED SINGAPORE DOLLARS ONLY), WHICHEVER IS GREATER.

10.4 NOTHING IN THE USER AGREEMENT SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY IFUN’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

 

11. LINKS TO THIRD PARTY SITES

11.1 Any links provided through the Services will let you leave the Site or Games. These links are provided as a courtesy only, and the sites they link to are not under the control of IFUN in any manner whatsoever and you therefore access them at your own risk. Therefore, IFUN is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. IFUN is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by IFUN of any linked site and/or any of its content therein.

 

12. YOUR CONTRIBUTIONS TO THE SERVICES

12.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary permissions to grant the licenses below to IFUN. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant IFUN and its successors an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Services (and its derivative works). You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

12.2 Any material, information or idea you post on or through the Services, or otherwise transmit to IFUN by any means (each, a “Submission”), is not considered confidential by IFUN and may be disseminated or used by IFUN or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to IFUN, you acknowledge and agree that IFUN and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant IFUN and its successors an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Services (and its derivative works). This license granted by you will continue for as long as IFUN determines to use your Submission. This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

 

13. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

13.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, IFUN is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold IFUN responsible for any user’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

13.2 In addition, the Services may contain links to third party text and video feeds (and podcasts) (collectively, “third party feeds“), products, websites, services and offers, or links to download third party software applications. Additionally, third parties may make available, on their own websites, third party feeds, and software applications. These third party links, third party feeds, products, websites, services and software applications are not owned or controlled by IFUN, but are instead operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. IFUN has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that IFUN shall not be liable in any manner due to your use of, or inability to use, any third-party feed, website or widget. You further acknowledge and agree that IFUN may disable your use of, or remove, any third party links, third party feeds, or applications on the Services to the extent they violate the User Agreement.

 

14. VIOLATION OF OUR USER AGREEMENT

14.1 If you believe a user of our Services is violating any of the terms under our User Agreement, please contact us at contact@ifun.com.sg

 

15. MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

15.1 If you believe that your work (as included on the Services) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify our Copyright Agent. A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following:

(a) a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright interest that is allegedly infringed;

(b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed;

(c) a description of the exact name of the infringing work and the location of the infringing work on the Services;

(d) information sufficient to permit IFUN to contact you, such as your physical address, telephone number and e-mail address;

(e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

(f) a statement by you that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on the copyright owner’s behalf.

Our Copyright Agent can be reached by email: contact@ifun.com.sg

The Copyright Agent will respond only to claims involving alleged copyright infringement. All other matters addressed to our Copyright Agent will not be responded to.

 

16. YOUR REPRESENTATIONS AND WARRANTIES

16.1 You represent and warrant that:

(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into the User Agreement and to comply with its terms;

(b) you will use the Services for lawful purposes only and in accordance with the User Agreement and all applicable laws, rules, codes, directives, guidelines, policies and regulations; and

(c) you will only use the Services on a machine or device on which such use is authorised by the machine’s or device’s owner.

 

17. INDEMNITY

17.1 You agree to indemnify, defend and hold harmless IFUN, and its shareholders, subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees (collectively, the “Indemnified Parties“), at your expense, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (a) the hosting, operation, management and/or administration of the Services by or on behalf of IFUN, (b) your violation or breach of any term of the User Agreement or any policy or guidelines referenced herein, (c) your use or misuse of the Services, or (d) your breach of any law or regulation or the rights of a third party, or (e) the removal of your Account or any Content that you upload, post, email, transmit or otherwise make available through the Services in accordance with Clause 4.4 above.

 

18. SEVERABILITY

18.1If any provision of the User Agreement shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

 

19. GOVERNING LAW

19.1 The User Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to the User Agreement against or relating to IFUN or any Indemnified Party under the User Agreement shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.

 

20. GENERAL PROVISIONS

20.1 IFUN reserves all rights not expressly granted herein.

20.2 IFUN may modify the User Agreement at any time by posting the revised User Agreement on the Site. Your continued use of the Services after such changes have been posted shall constitute your acceptance of such revised User Agreement.

20.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

20.4 Nothing in the User Agreement shall constitute a partnership, joint venture or principal-agent relationship between you and IFUN, nor does it authorise you to incur any costs or liabilities on IFUN’s behalf.

20.5 The failure of IFUN at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

20.6 The User Agreement is solely for your and our benefit and are not for the benefit of any other person or entity, except for IFUN’s affiliates and subsidiaries (and each of IFUN’s and its affiliates’ and subsidiaries’ respective successors and assigns).

20.7 The terms set forth in the User Agreement and any agreements and policies included or referred to in the User Agreement constitute the entire agreement and understanding of the parties with respect to the Services and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by the User Agreement, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in the User Agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. The User Agreement may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

20.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

20.9 If you have any questions or concerns about the User Agreement or any issues raised in the User Agreement, please contact us at: contact@ifun.com.sg

(Last updated on: 25 October 2021)