References in the TOU to “Degame”, “Company”, “we”, “our”, “ours” or “us” shall be to Degame, and/or its respective successors and assignees as appropriate. References in the TOU to “your” or “you” are to the person or entity who accepts these Terms and agrees to use the services or products, or access our Site as set out in and on these Terms. You and Degame shall together be referred to as the “Parties” and references to a “Party” shall be the relevant one of them as the context requires.
The legal and regulatory status of certain GameFi projects, NFTs and cryptocurrencies may be uncertain and can vary from jurisdiction to jurisdiction. This can mean that the legality of playing, designing, developing, and communicating of any games, or holding or trading associated digital assets in GameFi projects and NTFs, is not always clear. It is your responsibility to check the regulatory status on those in your jurisdiction before using our Services. You may wish to seek professional legal advice regarding any regulatory requirements, investment rights, legal and tax implications etc., you may have under the national legislation in you jurisdiction prior to using our Services.
Degame reserves the right at its sole discretion to amend any provision of these Terms at any time in our sole discretion without any prior notice to you, and you agree that it is your responsibility to check for the updated terms of these Terms on our Site regularly. In any event, by continuing to use any aspect of our Site and/or any of our Site Services each time, you will be deemed to have accepted all amendments to these Terms as may be implemented by Degame from time to time. If you do not wish to be bound by these Terms, do not use any aspect of the Site or Site Services, cease all access to and use of our Site, and our Site Services immediately.
PLEASE READ THESE TERMS CAREFULLY, AND THEY CONTAIN INPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHTS AND OBLIGATIONS, ANY THIRD PARTIES’ LIABILITY, AND DISCLAIMERS OF WARRANTIES AND SO ON. EACH TIME YOU ACCESS ANY SERVICE BY ANY MEANS, YOU IRREVOCABLY AGREE TO COMPLY WITH THE AGREEMENT UPDATED AND POSTED ON THE SITE AT THE TIME YOU ACCESS THE SITE. YOU MUST NOT USE THE SERVICES IF YOU DO NOT AGREE TO ANY OF THESE TERMS.
YOU SHOULD BE AWARE THAT ANY INVESTMENT IN RELATION TO GAMEFI PROJECTS, ANY NFTS OR CRYPTOCURRENCIES CARRY SIGNIFICNAT RISKS. DEGAME DOES NOT OFFER ANY GAMEFI PROJECTS, NFTS OR CRYPTOCURRENCIES ITSELF, AND LISTING OF ANY OF SUCH PROJECTS, NFTS AND/OR CRYPTOCURRENCIES DOES NOT MEAN THAT WE RECOMMEND OR ADVISE ANY INVESTMENTS IN THOSE PROJECTS, NFTS AND/OR CRYPTOCURRENCIES. PLEASE ACT CAUTIOUSLY AND ENSURE YOU UNDERSTAND THE RISKS INVOLVED AND CONSIDER WHETHER ANY INVESTMENTS IN SUCH GAMEFI PROJECTS, NFTS AND/OR CRYPTOCURRENCIES ARE APPROPRIATE FOR YOU.
Applicable Laws means any and all laws, status, rules, regulations, orders or determinations of any regulatory or governmental authority in any jurisdiction to which you are subject, from time to time;
Intellectual Property Rights or IPR means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Loss means any liability of any kind, loss, claim, damage, interest, fine, penalty, fee, charge, cost and/or expense (including reasonable and properly incurred legal and other professional fees, costs and/or expenses).
NFT means a unique non-fungible token, implemented on the blockchain using smart contracts and offered for sale or purchase on Degame.
Service has the meaning given to it under clause 1.
Site has the meaning given to it under clause 1.
In these Terms unless otherwise specified:
- references to clauses are to clauses of these Terms;
- a reference to a sub-clause is to a sub-clause of the clause in which such reference appears, to a paragraph is to a paragraph of the sub-clause in which such reference appears and to a sub-paragraph is to a sub-paragraph of the paragraph in which such reference appears;
- a reference to any statute or statutory provision shall be construed as a reference to the same as it may have been, or may from time to time be, amended, modified, or re-enacted after the date of these Terms;
- references to writing shall include any models of reproducing words in a legible and non-transitory form; and
- headings are for convenience only and do not affect the interpretation of these Terms.
We currently provide the following services (the “Services”):
- a) an informational website that provides news, events, market data, market research, and GameFi projects; and
- b) a channel that enables you to buy NFTs from cooperated third parties such as Karmaverse.
You acknowledge and agree that none of the information you read on our Site should be taken as investment advice or solicitation in any way. Degame is not an investment adviser and you agree to not cite Degame as the reason or cause for making any investments. Any content, write-ups, prices, events, news, data, photographs, pictures, graphs, articles, budgets, forecasts, token swap market values, project information, NFTs, testimonials, status, team information of any Entity, advertisements, analysis, reports, media files, and other content on our Site (collectively “Site Content”), or our newsletters, EDMs, marketing materials, promotional updates, support patches, messages or other emails (collectively “Updates”) which you may have viewed, subscribed to or downloaded via our Site, shall solely for informational purposes.
By accessing our Site and continuing to access our Site and/or Services, you represent and warrant that:
- you are above 18 years of age, and fully eligible to use our Services in accordance with any Applicable Laws to which you may be subject.
- You have sufficient legal capacity and authority to accept these Terms and enter into these Terms under any Applicable Laws to which you may be subject.
- You have not previously been suspended or banned from using any of our Services;
- if you are acting on behalf of a corporate entity, partnership, association, organization or any other entity type (“Entity”), you represent and warrant that you are authorised to act on behalf of such Entity;
- if you are acting on behalf of an Entity, you are duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized;
- You are not using any our Services for any illegal activities and causing any infringement against us or third parties.
- You are not subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, the European Union (“EU”), any EU countries, the UK Treasury, or the US Office of Foreign Assets Control (“OFAC”), or any governmental authority in any jurisdiction in which Degame is available (collectively, “Sanctions”);
- You are not from our prohibited countries, including China, countries subject to Sanctions, and other countries to which Degame at its sole discretion determines not to make available; and
- For the use of Services in relation to NFT, you have a cryptocurrency wallet capable of supporting and accepting an NFT.
In the event that you submit a form or query to us (whether in your personal capacity or on behalf of the Entity that you represent), you undertake to ensure that all information you provide to us is accurate and updated, and will promptly notify us via email to [[email protected]] in the event of any changes to such information.
Should you (whether directly by yourself or indirectly via your request to us) upload, post, publish, or transmit any information on or via our Site, or you communicate with any other users of our Site, you agree to be fully responsible for all such posts and communications.
You acknowledge and agree that we are entitled to howsoever modify, vary, expand, suspend, interrupt, terminate, cancel or discontinue any services or products or accessibility to any feature or part of our Site and/or Services at any time in our sole discretion without any prior notice or liability to you.
Where our Services may incorporate or require the use of third-party products and services, your use of such third-party products and services will be subject to the respective third party’s terms and conditions and privacy policies, which you agree is your responsibility to regularly review from time to time to determine their acceptability to you before you use such third-party products and services. For the avoidance of doubt, all GameFi projects, guilds, coins or tokens, NFTs, or cryptocurrency, swap and exchange functions found on or linked to the Site are provided “as is” received from third parties, and are not the products of Degame, as Degame does not process such swaps or exchanges, nor is Degame custodian to any form of e-money, stored value, cryptocurrencies, NFTs, digital coins or tokens. Degame only provides the Services described in clause 4 through the Site.
As described in clause 4(b), we may cooperate with third-parties like Karmaverse (the “Issuer”) from time to time to launch the initial offering of their mystery boxes or the sale of their NFTs on Degame. You acknowledge and agree that under such cooperation, we only provide a channel to enable you to buy the NFTs, and Degame is not a party to any of such purchases made by you. All such purchases are made directly between you and the Issuers and the purchase price of any such NFTs are directly paid by you to the Issuer and Degame does not charge any service fees or commissions for our Services. Degame does not represent, guarantee, or warrant the accuracy or fairness of the price of any NFT sold or offered for sale on Degame. You agree and acknowledge that Degame is not a fiduciary now owes any duties to any user of Degame, including the duty to ensure fair pricing of NFT or to influence user behavior on Degame.
Also, you affirm that you are aware and acknowledge that Degame does not provide any wallet or custody services in relation to your purchase of any NFTs and does not have any responsibility to custody the NFT you purchased.
You acknowledge and agree that NFTs are intangible digital assets that exist only by virtue of the ownership record maintained in the blockchain network. All smart contracts, including the transfer of title that might occur in any unique NFT, are conducted and occur on the decentralized ledger within the related blockchain network. Degame has no any control over and make no warranty, representation, or guarantee with respect to smart contracts as well.
You also acknowledge and agree that listing any NFTs on our Site for sale does not indicate any express or implied endorsement by Degame to such services, products or creditworthiness of the Issuers. We will not be liable for the acts or omissions of any such third-parties, nor will we be liable for any damage that you may suffer as a result of your purchase with the Issuers or any other interaction with any other third parties including the wallet service providers.
For the purchase and sale of NFTs, digital artworks and its descriptions are posted for informational purpose only and may not be independently verified by Degame. Therefore, your reliance on such information is at your own risk, and you should always verify such information on Degame before making a purchase.
The NFTs sold hereunder through our Services have been subject to limited testing and should not be used in conjunction with mission-critical equipment or applications. Any performance specifications are believed to be reliable but are not verified, and you must conduct and complete all performance and other testing of the products, alone and together with, or installed in, any end-products. You shall not rely on any data and performance specifications or parameters provided by us, and it is your responsibility to independently determine the suitability of the product and to test and verify the same.
The Site Content and Updates are meant to provide information regarding Degame, our products, our services, our applications, prices of the tokens, the number of users or members, market cap, FDV, popularity, rankings, trade volume data, total value locked, guilds, and other information related to the GameFi projects, NFTs and the related tokens. The Site Content constitutes general knowledge only, and are not meant for any reliance howsoever for any purpose of any kind whatsoever by any Entity or individual. You are therefore strongly advised to procure your own checks and professional advice before you decide to make any trade, investments or swaps as no Content constitutes any trading or investment advice or guarantees of any kind (including but not limited to guarantees on gains, benefits, and returns). For the avoidance of doubt, Degame makes available the Content and third-party products on our Site based on information and/or products procured from third party sources. Even though such third parties may have agreed or declared that all information and products that they provide will be commercially practicable before uploading such Content and products onto our Site, Degame is not able to provide any warranties thereon.
Our Services are also subject to compliance with third party provided services/products such as token swaps and identification protection. Such third party provided services are subject to the terms and conditions of the third-party service providers. We make no direct or indirect warranties of any kind, express or implied, in relation to our Services including third party provided functionality, and you are therefore strongly encouraged to conduct your own checks, versification, consult your advisors and satisfy yourself of the suitability of our Services as well as the acceptability (to you) of the terms and conditions of the respective third party service providers whose services/products are made available or referenced to on our Site before you use any such Services. All use of our Services (including third party provided services/products) is at your sole risk and discretion.
You may also find some information, content or links in relation to third party products and services in our Site, such as GameFi projects, NFTs, cryptocurrencies, third party coins and tokens etc. However, this does not imply any association with or endorsement by such third parties, although some functionality on our Site may require the use of such third-party products or services. The content of such third-party services and products as stated on our Site and in our Updates are based on information made publicly available or by such third parties to us, and Degame therefore makes no representations or warranties on the accuracy or updatedness of such third-party services/products related information. You are encouraged to conduct your own checks on any such third-party products or services that you see on our Site and/or our Updates before subscribing to, registering an account for, installing, trading, swapping, investing, purchasing or using any such third-party products/services, whether from third party sites or via our Site.
There may be certain information from third-party companies that are seeking to raise funds via ICOs (“Fundraisers”) on our Site, which is made available by Fundraisers themselves or procured from third party public resources. The listing of Fundraisers on our Site does not indicate any express or implied endorsement by Degame to such services, products or creditworthiness of the Fundraisers.
There may be also some information regarding cryptocurrencies, NFTs, tokens, digital coins/currencies, ICOs, which shall not amount to an offering of securities or securities-tokens, and other related digital currency information on our Site. We may contain some videos and podcasts (or links to such videos and podcasts) on our Site pertaining to the aforementioned subject-matter made available via a third-party software or platform, or the use of such software or platform. You should agree to be bound by the corresponding terms and conditions of such third parties’ own websites to access such podcasts and videos. If you do not agree with any of their terms and conditions, you are not permitted to access the aforementioned videos and podcasts (or weblinks thereto) found on our Site and in our Content.
Any monetary figures cited in our Content may have been converted from local currency to United States Dollars, or from one currency to another, using internet currency conversion sites, and such values may therefore vary or be subject to change depending on the rates provided by different currency conversion sites.
Where some of our Site Content and Updates may be derived from non-English language sources, translations into English by using language conversion tools. As such, Degame assumes no legal liability for any inaccuracies or misunderstandings due to translations.
Weblinks to our Fundraisers’ websites may be provided in our Content. Such weblinks are to provide more information regarding the Fundraisers and their ICOs, however, these weblinks do not constitute any endorsement of the Fundraisers or their products or services by Degame, nor do such weblinks create any form of association or relationship between Degame and the Fundraisers.
Reviews of our Services, Content, ICO opportunities, trading/purchase opportunities, Fundraisers, our Site, and other matters related to Degame provided by individuals or third-party companies as reflected in our Content are the personal views of such individuals or third-party companies, and do not represent Degame’s view, nor any implied endorsement or recommendation by Degame. Such reviews are also not to be deemed as any warranty, express or implied, of the quality or efficacy of the reviewed products, services or other subject-matter.
Subject to these Terms, you may view, print and make copies of our Site Content for your own personal use. You may not, and shall not, copy, reproduce, download, "screen scrape", store, transmit, broadcast, publish, modify, create a derivative work from, display, perform, distribute, redistribute, sell, license, rent, lease or otherwise use, transfer (either in printed, electronic or other format) or exploit any of our Site Content, in whole or in part, in any way that does not comply with these Terms without our prior written permission. To request permission to use any Site Content other than as expressly permitted in these Terms, please contact [email protected] In the event of personal use, Degame hereby grants you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use our Site Content. Except for the aforementioned license, you have no other rights to any of our Content, Services, Branding, products or services, and without limiting the generality of this clause, you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, develop derivations, create any index, translate, reverse engineer, alter, enhance, provide access to or in any way exploit any part of the Content, our Services, Branding, or any of our services or products in any manner.
All Site Content and Services, including but not limited to, write-ups, compilations, listings, analysis, summaries, extracts, derivations, articles, translations, quotations, contracts, terms and conditions, widgets, plugins, extensions, software, algorithms, source codes, object codes, forecasts, budgets, analysis, credit ratings, reports, logs, diagrams, graphs, charts, layout, photographs, drawings, financial information and other data, as displayed on our Site and Services, in our Content and in our Updates, are protected by copyright, design rights, trade mark rights and/or other IPR (whether owned by Degame or licensed to Degame, or permitted under the law for use by Degame), whether registered, registable or otherwise. You agree therefore that without Degame's prior written consent, except for the limited use as permitted thereunder this clause 9, you are not otherwise permitted to howsoever reproduce, copy, download, decompile, disassemble, extract, store, distribute, lease, time-share, publish, sell, translate, modify or create derivative works from, any part of our Content, products or services found on our Site, our Services, or in our Updates. We reserve our rights to take legal action against you for any such unauthorised use of our Content.
For clarification, and without prejudice to this clause 9, all Content and Services (including but not limited to third party products/services) are strictly protected by copyright laws. You are therefore not permitted to howsoever copy, reproduce, duplicate, download, derive, modify, translate, hack, distribute, lease, rent or howsoever deal with any part of our Content or Site Services except to view or use strictly pursuant to the purpose for which it was made available (on your computer, mobile phone, tablet and other personal devices or Entity’s devices that are under and securely in your control) as may be permitted herein and/or by the other provisions of these Terms In the event that any other provisions of these Terms permit you to download, store, use, retain or copy any part of our Content or any mobile application or other software or feature (individually and collective “Downloads”) available on our Site, you agree that such consent shall not constitute the transfer or assignment of any rights or ownership in such Downloads to you, and you are merely granted a non-exclusive, non-sublicensable, non-transferable and revocable (at any time by Degame) licence to use the Downloads pursuant to the purpose for which Degame granted its consent.
All company names (including but not limited to Degame's name, Fundraisers’ name, and the company names of any third parties featured on our Site), logos, trade-marks, service marks, brands, whether registered or otherwise (collectively the "Branding") represented on our Site, our Site Services and in our Updates belong to Degame or to third parties who have agreed (or Degame is so permitted under Applicable Law) to display their Branding on our Site and Site Services, in our Content and our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of Degame.
You acknowledge and agree that once you purchase a NFT from the Issuer, and you become the Collector of the NFT, but you do not own the artwork itself. You do not have any legal ownership, right, or title to any copyrights, trademarks or other intellectual property rights to the underlying artwork, excepting the limited license granted by these Terms to underlying artwork. The related issuers or the artists reserve all exclusive copyrights to the artwork underlying NFT on Degame, including but not limited to the right to reproduce, to prepare derivative works, to display, to perform, and to distribute the artworks. You should not infringe on any of such exclusive rights of the copyright of the Issuers or artists.
You agree and acknowledge that some of such third parties’ links may be links on our Site, our Services or in our Updates pursuant to which Degame may receive compensation from the referenced third party in the form of NFTs, coins, tokens, fiat currency, digital currency, services or products from such affiliated third parties (“Affiliated Links”). Degame may receive such compensation even if you do not click on the Affiliate Links, and/or receive additional compensation if you do click on such Affiliate Links or take any further action in relation to such Affiliate Links.
You also agree and acknowledge that Degame is free of any responsibilities and/or liabilities arising from or in connection with any frauds, scams, and other non-genuine services or products displayed in any podcasts, advertisements, banners displayed on our Site even if such displayed services or products are from affiliated third parties as described in this clause 10. Degame is careful and cautious when it decides to accept an advertisement placement and display a podcast. However, you agree and acknowledge that it is impossible for Degame to check and verify the authenticity or legality of each advertiser, advertisement, podcaster, podcast content, product or service that is advertised with Degame. Therefore, you are solely and fully responsible for conducting your own independent checks, and for all losses arising from or in connection with your decision to use or access such third parties’ products, services and/or websites including such Affiliated Links. Please directly contact the third parties if you have any inquiries on the terms and conditions of use of such third parties’ websites or their services or products.
Where you provide us with any feedback, and comments, via email, ratings or any postings, we thank you for taking the time to write or provide ratings to us, and your feedback and comments are appreciated. Any such feedback, ratings, postings, and comments from you (“Feedback”) shall become and remain the property of Degame. Degame shall be entitled in its sole discretion to howsoever use, publish or disseminate such Feedback, with or without attribution to you as the Feedback’s author, and without having to notify you or seek your consent in advance. Accordingly, you agree that you assign (without the requirement for any remuneration) all ownership (including but not limited to copyright) in the Feedback to Degame once you submit your Feedback to Degame, and you further agree to waive all moral rights over your Feedback once submitted to Degame.
Please note that you are responsible for your Feedback, and you should ensure that such Feedback does not contain any libelous, scandalous, defamatory, offensive, seditious, misleading, misrepresentative, abusive or infringing contents, particularly if such Feedback will be published to the public whether via our Site, or our Updates, or other means (even if you were not aware that your Feedback would be published). You agree to fully hold harmless and indemnify Degame for all losses and costs suffered or incurred by Degame due to your Feedback, including but not limited to third party claims, legal fees on a solicitor-client basis, settlement amounts, fines, penalties, and law enforcement actions. Accordingly, and without prejudice to the foregoing, you also hereby undertake to fully indemnify, defend and hold harmless Degame, our employees, agents, officers, shareholders, and directors from claims, demands, direct damages, indirect damages, consequential damages, loss of opportunities, loss of reputation, legal costs (on a client-solicitor basis) and other losses of any kind that may arise in relation to any dispute that you may howsoever have with another user of our Site.
Despite that Degame uses reasonable efforts to protect its Site from computer viruses, worms, Trojan Horses and other malware. Degame does not warrant that we are free from such viruses and accepts no liability for any damage that may result from the transmission of any malware via our Site or via any files which are available for you to download from our Site. Degame is not responsible for any of such security, technical or other issues in using our Site.
While we have exercised due care in the preparation of all Content displayed and/or made available on our Site, our Site Services, and in our Updates, such content, data, information, Content and materials are provided “AS IS”, “WITH ALL FAULTS" and "AS AVAILABLE”.
YOUR USE OF OUR SITE, SERVICES, AND UPDATES, AS WELL AS YOUR VIEWING, DOWNLOADING OF CONTENT, IS AT YOUR OWN DISCRETION AND RISK. DEGAME MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE QUALITY, ACCURACY, UPDATENESS, NON-OMISSIONS, CONTINUED ACCESSIBILITY, CLARITY, RESOLUTION, NON-INTERRUPTEDNESS, SPEED, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), THE ACTS OR OMISSIONS OF OTHER USERS OF OUR SITE, OR RELIABILITY OF OUR SITE, SERVICES, OUR SITE CONTENT OR UPDATES, INCLUDING BUT NOT LIMITED TO THEIR SAFETY OR SECURITY, FREEDOM FROM COMPUTER VIRUSES, WORMS, TROJAN HORSES, AND FULLPROOF SECURITY AGAINST THIRD PARTY HACKERS.
IN ADDITION, DEGAME MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE CORRECTNESS OF OUR CONTENT, SERVICES OR UPDATES, THAT ANY ERRORS IN ANY PART OF OUR CONTENT, SERVICES OR UPDATES WILL BE CORRECTED, THAT RESOLUTIONS WILL BE ENHANCED, MERCHANTABLITY, QUALITY, TIMELINESS OF DELIVERY, USABILITY, CONTINUED AVAILABILITY OF REDEMPTION AWARDS (IF ANY), AVAILABILITY OF POINTS (IF ANY), FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), SUITABILITY FOR SPECIFIC VIEWING REQUIREMENTS, CREDITWORTHINESS, RATINGS AND OTHER DUE DILIGENCE REPORTS, THE ACTS OR OMISSIONS OF OTHER USERS OF OUR SITE, NON-INFRINGEMENT OR RELIABILITY OF ANY WRITE-UPS, PRODUCTS OR SERVICES DISPLAYED ON OUR SITE, OUR SITE SERVICES AND/OR IN OUR UPDATES. YOU, AT YOUR OWN VOLITION AND DISCRETION, USE OUR SITE SERVICES, ACCESS THE GAME AND OUR CONTENT, ENTER INTO SUBSCRIPTIONS, SIGN-UPS AND/OR ENTER INTO OTHER TRANSACTIONS VIA OUR SITE AFTER HAVING DONE YOUR OWN DUE DILIGENCE CHECKS AND WITH DUE CONSIDERATION, AND THEREFORE ALL SUBSCRIPTIONS, SIGN-UPS, AND/OR OTHER TRANSACTIONS ARE AT YOUR SOLE RISK AND VOLUNTARY ASSUMPTION OF LIABILITY.
IN NO CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED AT LAW, SHALL DEGAME NOR ANY OF THE DEGAME PARTIES BE LIABLE FOR ANY LOSSES INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, HOWSOEVER ARISING OR SUFFERED AS A RESULT OF OR IN CONNECTION WITH ANY USE (OR INABILITY TO USE) OF OUR SITE OR OUR UPDATES OR CONTENT, OR DEGAME'S BREACH OF ANY PROVISION HEREIN THESE TERMS, OR ANY RELIANCE ON OR USE OF THE INFORMATION, CONTENT, THIRD PARTY LINKS, THE SERVICES OR PRODUCTS INTRODUCED OR DESCRIBED HEREIN OUR SITE, SERVICES, OR UPDATES EVEN IF DEGAME HAS BEEN ADVISED OF SUCH USE OR RELIANCE IN ADVANCE.
To the fullest extent permitted by Applicable Law, you shall indemnify, defend and hold harmless Degame and its respective past, present and future shareholders, directors, officers, service providers, vendors, suppliers, consultants, contractors, employees, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Degame Parties”) from and against any and all Losses, actions, or demands that arise out of, relating to or in connection with:
- a) your use or abuse of the Services or our Site Content under these Terms;
- b) the performance or non-performance of your responsibilities or obligations under these Terms;
- c) your breach of any of the terms and conditions set out in these Terms;
- d) your breach of any Applicable Laws;
- e) your breach of any rights of any other person or entity;
- f) any information that you provide to us via our Site and Services;
- g) your violation or breach of Degame’s IPRs or any other proprietary right under law;
- h) any damage you may cause to our Sites and Services or any other person or entity.
Degame reserves the right to exercise sole control over the defence, at your sole costs and expenses, of any claim subject to an indemnification set out in this clause 14 and you shall not in any event any claim without our prior written consent. The indemnity set out in this clause 14 is in addition to, and not in lieu of, any other remedies that may be available to Degame under Applicable Law.
Neither Degame nor any our affiliates shall be liable or responsible to you, or be deemed to have breached these Terms, for any failure or delay in fulfilling or performing its obligations under these Terms, if and to the extent such failure or delay is caused by, results from or is otherwise connected to acts beyond its reasonable control, including but not limited to natural catastrophes, civil riots, acts of war, and shortage of utilities etc.
Amendments. We may amend these Terms from time to time, including where there are changes to the functionality of our Site or as may be otherwise required by any laws or regulatory requirements to which we are subject. If we make any amendments to these Terms, we will publish the updated Terms on our Site and we will change the “Last Updated” date at the top of these Terms. Any amended Terms shall become effective immediately upon the publication of the updated Terms on our Site. It is your responsibility to regularly check our Site for any such updated Terms.
Survival. If any term, clause or provision of these Terms is found to be illegal, void or unenforceable (in whole or in part), then such term, clause or provision shall be severable from these Terms without affecting the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms, which shall remain in full force and effect.
Entire Agreement. These Terms (including any information incorporated by reference herein) constitute the entire agreement between you and us for the Services provided by Degame. The TOU published on the date you view it on the Sites supersedes all prior versions.
Pre-Contractual Statement. You acknowledge that by accepting these Terms, you have not relied on any oral or written statements, warranties, assurances, representations or undertakings which were or may have been made by or on behalf of Degame in relation to the subject matter of these Terms at any time before your acceptance of them (“Pre-Contractual Statements”), other than those set out in these Terms. You hereby waive any and all rights and remedies which might otherwise be available in relation to such Pre-Contractual Statements.
Relationship of the Parties. Nothing in these Terms shall be deemed to create any form of partnership, joint venture or any other similar relationship between you and Degame and Degame shall have no fiduciary relationship or fiduciary obligations towards you.
Governing Law. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes and claims) shall be governed by and construed in accordance with Singaporean Law.
Jurisdiction. The Parties irrevocably agree that the Singapore courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes and claims).
Governing Language. Some of the content on our Site, and services may be available in multiple languages. In case of any conflict between different language versions of such content or any omission in any language version thereof, the English language version of such content shall prevail.
Enforcement of Our Rights. We may not always strictly enforce our rights under these Terms. If we do this, it will be just a temporary measure and would not constitute a waiver of those rights. We may enforce our rights strictly again at any time.