Last Updated: September 2019
Gioco Tech Pte Ltd (“Gioco”) is pleased to provide to you its sites, software, applications, content, products and/or services (“Gioco Products”), which may be branded Gioco or other brand name, owned and/or licensed by Gioco Tech Pte Ltd. These terms govern your use and our provision of the Gioco Products on which these terms are posted. Please read these terms carefully before using the Gioco Products.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1. Contract between You and Us
This is a contract between you and Gioco, a Singapore registered company. You must read and agree to these terms before using the Gioco Products. If you do not agree, you may not use the Gioco Products. These terms describe the limited basis on which the Gioco Products are available and shall supersede all prior agreements or arrangements.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Gioco Products. If you do not agree to any change to these terms, you must discontinue using the Gioco Products. Modification to these terms as per requests from the end users of the Gioco Products is not permitted.
We may immediately terminate this contract with respect to you (including your access to the Gioco Products) if you fail to comply with any provision of these terms.
2. Gioco Products
Gioco Products are for your personal, noncommercial use and are intended for entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
The Gioco Products are our copyrighted property and all trademarks, service marks, trade names and other intellectual property rights in the Gioco Products are owned by us. Except as we specifically agree in writing, no element of the Gioco Products may be used or exploited in any way other than as part of the Gioco Products offered to you. You may own the physical media on which you access or use the elements of the Gioco Products, but we retain full and complete ownership of the Gioco Products. We do not transfer title to any portion of the Gioco Products to you.
Content and Software License
If a Gioco Product is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any Gioco Product; decompile, reverse engineer, disassemble or otherwise reduce any Gioco Product to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Gioco Product in an unlawful or unauthorized manner or in a manner that suggests an association with our services or brands. You may not access or use any Gioco Product in violation of export control laws and economic sanctions requirement by applicable jurisdictions. By acquiring services, content or software through the Gioco Products, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
The Gioco Products are provided “as is”. We disclaim all conditions, representations, and warranties not expressly set out in these terms. We shall not be liable to you for indirect, incidental, special, or consequential damages, including lost profits and property damage, even if we were advised of the possibility of such damages, nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control. In no event shall our total liability to you for all damages, losses and causes of action exceed One Thousand Singapore Dollars (SG$1,000).
These disclaimers and limitations do not affect your rights as a consumer or purport to limit liability that cannot be excluded under the law in your country of residence.
Changes to the Gioco Products
The Gioco Products are constantly evolving and will change over time. If we make a material change to the Gioco Products, we will provide you with reasonable notice and you will be entitled to terminate this contract.
Additional Restrictions on Use of the Gioco Products
We do not allow use(s) of the Gioco Products that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or unknowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Gioco Product or connected network, or interfere with any person or entity’s use or enjoyment of any Gioco Product. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Gioco Product or game experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Gioco Products using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
If you access a Gioco Product using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Gioco Products. You agree that your access to the Gioco Products using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
When you access the Gioco Products through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Gioco Products may be prohibited or restricted by your network provider and not all Gioco Products may work with your network provider or device.
3. Your Content and Account
User Generated Content
The Gioco Products may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non- exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats now known or hereafter devised (including in connection with the Gioco Products and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Gioco Product, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
You cannot use Gioco Products if you are under the minimum legal age by law to use Gioco Products.
Gioco Products permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications. For the avoidance of any doubt, any payments shall be facilitated via third-party platforms (for example PayPal) and hence no payment information of yours is required to be entered or saved on the Gioco Product(s). You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy of information you provide.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Gioco Products if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Gioco Products.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented the necessary security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
4. Your Content and Account
Digital Content and Virtual Items
We may make applications, games, software or other digital content available on the Gioco Products for you to license for a one-time fee. When purchasing a license to access such material from a Gioco Product, charges will be disclosed to you on the Gioco Product before you complete the license purchase.
Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality in the Gioco Products. Virtual items (including characters and character names) or in-game currency purchased or available to you in the Gioco Products can only be used in connection with the Gioco Products where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Gioco Products for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.
Payments and Billing
Payments are facilitated on third party payments service platforms such as Paypal, in accordance with such third party service providers’ term of use. You indemnify and hold us harmless against any erroneous, unauthorized, or unsuccessful deductions or activities that take place in your account with such third party payment service provider(s).
We may revise the pricing (if any) for the services we offer. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
5. Additional Provisions
Submissions and Unsolicited Ideas Policies
We do not accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Gioco Tech Pte Ltd
Blk 555 Pasir ris st 51 #03-139
Bryan Khoo / COO
We are only able to accept notices in English language into which these terms are made available by us.
We will respond expeditiously to claims of copyright infringement committed using the Gioco Products that are reported to us as identified above, in accordance with Singapore’s Copyrights Act or, other laws as applicable, such as U.S. Digital Millennium Copyright Act of 1998.
Dispute Resolution, Governing Law and Jurisdiction
For any controversy or claim that may arise out of or in relation to this Agreement or with respect to breach thereof, the Parties agree to initially seek to solve the matter amicably through discussions between the Parties’ management. Should the Parties fail to resolve such controversy, claim, or breach by amicable arrangement and/or compromise within sixty (60) days of the dispute being brought to the attention of the Parties’ management, the Parties may agree to seek resolution through non-binding mediation. If the controversy or claim is not resolved within sixty (60) days of the Parties agreeing to commence mediation, or if either Party refuses to participate in such mediation, either Party may seek legal recourse through the courts in the jurisdiction chosen herein. No Party may commence litigation in relation to any dispute arising out of this Agreement until it has attempted to settle the dispute in accordance with this provision.
This Agreement is governed by and is to be construed in accordance with the laws of Singapore. The Parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Singapore for the settlement of any disputes arising out of this Agreement.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.