- The Getstan mobile app named [●] (“App”) and website named [●] (“Website”) (hereinafter collectively referred to
“Platform”) are an [●] portal owned
and operated by Getstan Technologies Pte Ltd. (the “Company”), with its registered office at 160, Robinson Road, #20-03, Singapore 068914. Through
the Platform, Company shall provide users (“You” or the “User”),
- an online fan engagement Platform with a chance to connect,
follow and play with their favourite e-sports / online game Players and gaming celebrity idols;
- option to purchase, collect, sale and trade digital Player
cards (“Collectibles”) as well as a chance
to be rewarded with both physical and virtual perks including a chance to visit User’s favourite
Players’ bootcamps, fan fest, meet them on Instagram Live, join them one-on-one on discord streams
or even play favourite games together with such player; and
- any other services that the Platform may integrate,
introduce, or create from time to time;
collectively referred to as “Services”. Each User and Company is a “Party” to this Agreement and together they are referred to as the “Parties”.
here) sets out the terms and conditions on which the
Company shall provide the Services to the User through its Platform. This Agreement is an electronic
record in the form of an electronic contract formed under the applicable laws of Singapore. This
Agreement does not require any physical, electronic or digital signature.
- By checking the “I read the
License Terms and I Accept them” checkbox and subsequently clicking the
“Accept” button during the installation
and configuration process of the Platform application, User accepts and agrees to be bound by the terms
the “Accept” button (the
“Effective Date”). If You are accepting the
terms of this Agreement on behalf of User, You represent and warrant that: (i) You have full legal
authority to bind User to this Agreement; (ii) You have read and understand this Agreement; and (iii)
You agree, on behalf of User, to this Agreement. If You do not have the legal authority to bind User,
please do not click the “Accept” button
(or access or use the Services). Persons who are “incompetent to contract” within the
meaning of the applicable laws of Singapore, including un-discharged insolvents etc. are not eligible to
use the Platform / Services.
- Use of the Platform is offered to the User conditioned on
acceptance, without modification of all the terms, conditions and notices as contained in this
Agreement, and as may be posted on the Platform, from time to time. For the removal of doubts, it is
clarified that use of the Platform by the User constitutes an acknowledgement and acceptance by the User
of this Agreement. If the User does not agree with any part of such terms, conditions and notices, the
User must not use the Platform.
“Affiliate” shall mean
with respect to either Parties, any Person controlling, controlled by or under common control of such Party.
For the purpose of this definition of Affiliate, “control” together with grammatical variations when used with respect to any Person, shall mean the
power to direct the management and policies of such Person, directly or indirectly, and “Person” shall mean a company, a corporation, a partnership, trust
or any other entity or organization or other body.
“Buyer” refers to the
User acquiring a Collectible on Company’s Marketplace.
“Collectible” refers to
the digital cards featuring a professional Player available within the Service and the underlying tokens
that can be used on a blockchain.
“Collectible Related Rights” refers to any third-party patent rights, image rights, copyrights, trade secrets,
trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in
the world associated with the Collectibles (including without limitation, the intellectual property rights
of the club, the league or the image rights of the players).
“Confidential Information” means all non-public information (including information pertaining to technology, data,
customers, business plans, marketing activities, finances and other business affairs of a Party or its
Affiliates), disclosed by one Party or its Affiliates (the “Disclosing
Party”) to the other Party or its Affiliates (the “Receiving Party”) under this Agreement, including by or to their
respective employees, contractors or agents, that is marked or designated as confidential or that, given the
nature of the information or circumstances surrounding its disclosure, should reasonably be understood to be
confidential. Confidential Information does not include any information that: (i) is or becomes publicly
available without breach of this Agreement; (ii) can be shown by documentation to have been known to the
Receiving Party at the time of first disclosure by the Disclosing Party; (iii) is received by the Receiving
Party from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can
be shown by documentation to have been independently developed by the Receiving Party without use of or
reference to the Confidential Information of the Disclosing Party.
“NFT” refers to
the non-fungible token, which represents the Collectible digital card (also known as crypto-good or
crypto-collectible). This token ensures the availability of the Collectible and the transparency of the
“Marketplace” refers to
the Service offered by Company that allows Users to exchange or sell Collectibles amongst them.
“Player(s)” is a
renowned professional gamer engaged in several online games, such as PUBG, Garena FreeFire, Call of Duty,
Minecraft, GTA V etc.
“Seller” refers to the
User offering to sell his Collectible on Company’s Marketplace.
“Services” refers to
every service accessible on the Platform and provided by Company.
“Smart Contracts” means a self-executing
contract with the terms of the agreement between User and the Platform being directly written into lines of
code stored on Polygon blockchain network.
refers to any third-party patent rights, image rights, copyrights, trade secrets, trademarks, know-how or
any other intellectual property rights recognised in any country or jurisdiction in the world, and, in
particular, the rights that may be associated with the Collectibles.
refers to the services not operated by Company, but providing content or additional features to the Users
such as payment service (Google In-App Purchase, Stripe, Apple Pay), purchase and sale of digital assets in
legal tender (Ramp, Moonpay), digital asset wallet (WalletConnect, Coinbase Wallet, Portis, Opera,
Metamask), content on players, external marketplaces of collectibles. Whether or not integrated into the
Platform, these services are provided under the sole responsibility of the providers who offer them. The
GENERAL TERMS FOR THE SERVICES
User is expected to read these terms and conditions and accept them
- Company through its Platform enables Users to acquire, collect,
exchange and play Collectibles featuring Players designated, for the purposes hereof, as the
Collectibles and materialised on NFTs. The Service is available on the Platform.
- These terms and conditions apply, without restriction or
reservation, to any use of the Services offered by Company on the Platform to all. When the User chooses
to create an account on the Platform, he/she fully and unconditionally accepts these terms and
- Unless proven otherwise, and as an evidence agreement, the data
recorded in the Company’s computer system constitutes proof of all transactions concluded within
the Services by the User.
- These terms and conditions are accessible at any time on the
Platform and has to be read harmoniously with any other information available on the Platform, but shall
prevail over any other information or document in case of inconsistency.
- The Platform may contain links or content from Third-Party
Services. Such Third-Party Services may be subject to different terms and conditions and privacy
practices. Company is not responsible or liable for the availability or accuracy of such Third-Party
Services, or the content, products, or services available from such Third-Party Services. Links to such
Third-Party Services are not an endorsement by Company of such Third-Party Services.
- The distribution of rewards/perks to the Users is subject to
Company’s discretion and availability of stock of such rewards/perks.
- No Refunds Policy
- Company shall not process any refund on any Collectibles purchased
by User using Company’s in-app FANCOINS purchasable by accessing Third Party Services (Google
In-app Purchases/Apple Pay). However, the purchase of FANCOINS is refundable subject to Google or
Apple’s policies, as the case may be, if the Collectibles are lying unused. [Comment: GetStan to confirm.]
- Any on-chain transaction approved by a User shall not be reversed
and be deemed as final.
- Loss of in-game Collectibles by User shall be
- Any fraudulent activities on the part of User(s) including bot
automation and exploitation/farming of rewards may lead to a non-reversible ban on the Account(s) of
- User is solely responsible for the Collectibles once purchased.
Any promotions of in-game Collectibles and on-chain assets is strictly not recommended by the
- Users are entirely responsible for the safety and management of
their own private wallets and validating all transactions and contracts generated by the Platform before
approval. Furthermore, since the Company’s Smart Contracts run on the Polygon blockchain network,
neither Company nor User shall have any ability to undo, reverse, or restore any such
- Ownership: User owns the Collectibles
and NFT. Each NFT is an NFT on the Polygon blockchain. When User purchases an NFT, then he/she owns the
underlying digital asset and the artwork, completely. It is stated that ownership of the NFT is governed
by the Smart Contract and the Polygon blockchain network. The Company shall not seize, freeze, or
otherwise modify the ownership of any NFT on the Polygon blockchain network.
- ACCOUNT REGISTRATION AND SECURITY
- User may access and use the Platform as a registered user by
providing Company belowmentioned user information for creating an account (“Account”): -
- User’s username and/or e-mail address;
- A (strong) password;
- User’s mobile phone number; and
- User’s acceptance of the terms and conditions and the Game
Rules (https [●]) and any additional contractual documents governing the use of the
User shall be responsible for maintaining the confidentiality and security of
the Account, and fully responsible for all activities that occur under User’s Account. User agrees to
immediately notify the Company of any unauthorized use of User’s account information or any other
breach of security. Company cannot and shall not be liable for any loss or damage arising from User’s
failure to comply with this section. User may be held liable for losses incurred by Company or any
other user due to authorized or unauthorized use of User’s Account as a result of User’s failure
in keeping User’s Account information secure and confidential. User shall ensure that the Account
information provided by User in the Platform’s registration form is complete, accurate and up-to-date.
Use of another user's account information for availing the Services is expressly prohibited. If User
provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue,
inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate User’s
account and refuse any and all current or future use of the Platform / Services (or any portion
- User Systems: User is responsible for
maintaining and updating any operating systems, Internet browsers, anti-virus software, or other
software that its uses to access and use the Services. The Services may not work properly if
User’s operating systems, Internet browsers and anti-virus software are not up-to-date.
- User may not use Account to: -
- Systematically retrieve data or other content from the Platform,
and the Smart Contracts to create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from the Company.
- Make any unauthorized use of the Platform and the Smart Contracts,
including collecting usernames and/or email addresses of Users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by automated means or under false
- Use a buying agent or purchasing agent to make purchases on the
- Use the Platform and the Smart Contracts to advertise or offer to
sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related
features of the Platform and the Smart Contracts, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Platform and the Smart Contracts and/or
the Content contained therein.
- Engage in unauthorized framing of or linking to the Platform, and
the Smart Contracts.
- Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as User passwords.
- Make improper use of Company’s support services or submit
false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or similar data gathering and extraction
- Interfere with, disrupt, or create an undue burden on the Platform,
and the Smart Contracts or the networks or Services connected to the Platform.
- Attempt to impersonate another User or person or use the username
of another User.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Platform, and the Smart
Contracts in order to harass, abuse, or harm another person.
- Use the Platform, and the Smart Contracts as part of any effort to
compete with Company or otherwise use the Platform, and the Smart Contracts and/or the Content for any
revenue-generating endeavour or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Platform, and the Smart Contracts.
- Attempt to bypass any measures of the Platform designed to prevent
or restrict access to the Platform, or any portion of the Platform, and the Smart Contracts.
- Harass, intimidate, or threaten any of Company’s employees or
agents engaged in providing any portion of the Platform, and the Smart Contracts to You.
- Delete the copyright or other proprietary rights notice from any
- Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any Party’s uninterrupted use and enjoyment of
the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Platform and the Smart Contracts.
- Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”).
- Except as may be the result of standard search engines or Internet
browser usage, use, launch, develop, or distribute any automated system, including without limitation,
any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform and the Smart
Contracts, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm Company and/or the Platform,
and the Smart Contracts.
- Use the Platform, and the Smart Contracts in a manner inconsistent
with any applicable laws or regulations.
- Engage in any practice that aims to manipulate the outcome of any
in-app activity or games. All Players should play to the best of their abilities and any sort of
match-fixing, win-trading, or colluding between competitors is strictly prohibited.
allows Users to collect Collectibles after making payment by accessing Third Party Services on the Platform.
The features of such Collectibles are as follows: -
- Features and Characteristics of Collectibles
- Collectibles are issued by Company divided into categories as per
the ranking, reputation, winnings of Players and other criteria as detailed in product design policy of
the Company. For instance, a Collectible may be limited, rare, super rare or unique, regarding the total
number of items offered.
- The Collectibles represent rights of third parties that Company
exploits under licenses granted by the holders of the rights. All contractual provisions between Company
and the holders of these rights are enforceable against Users.
8.2 Issuance of Collectible
- Company offers Collectibles for sale by way of direct in-app
- Company also offers the sale of Collectible packs. The
Collectibles included in the pack are specified before the sale.
- BY PURCHASING A COLLECTIBLE ON THE WEBSITE, THE USER EXPRESSLY
WAIVES HIS/HER RIGHT OF WITHDRAWAL.
8.3 Transfer and exchange
- User has the possibility to withdraw his/her Collectibles from
his/her account, as well as to exchange his/her Collectibles on the Marketplace or through a Third-Party
Service, such as a third-party marketplace.
- Company is under no circumstances liable for any damage that may
occur during the transfer, withdrawal or exchange of Collectibles outside the Platform
8.4 Stan Trump
- The game, entitled "Stan Trump", is based on a virtual
tournament that tracks the real performance of Players on the field, accessible from the
- This promotional game is legally governed by rules that can be
consulted here: https:[●].
- Support is available on the Platform.
- Company undertakes to respond as quickly as possible, depending on
the number of requests in process.
The Marketplace of Company is the place where Users can easily exchange their
Collectibles. Users have almost nothing to do but find the best deals.
- Company provides a Marketplace that allows Users to exchange
amongst them Collectibles against other Collectibles.
- This article shall apply only to the relations between Buyer and
Seller in the context of the exchange of a Collectible on the Platform.
- THE USE OF THE MARKETPLACE IS SUBJECT TO THE UNCONDITIONAL
ACCEPTANCE AND RESPECT OF THESE TERMS & CONDITIONS AND SPECIFICALLY OF THE FOLLOWING CLAUSES.
- Sale, Exchange, Trade
- Users holding Collectibles have the ability to sell them
throughout the Marketplace in accordance with the procedures set out here. In this case, the Seller is free to set the fixed
selling price offered (the “Offer”). The
Collectible is offered on the Marketplace for [●] hours. If the Collectible is not sold within
this period, the offer is removed from the Marketplace and the User may offer the Collectible for sale
again at any time.
- Company does not intervene in any way in the choice of the
Collectibles offered for sale on the Marketplace nor in the determination of the selling prices fixed by
the Sellers. More generally, Company does not intervene in any way in the sale between Buyer and Seller
within the Marketplace. Consequently, Company never acts as a counterpart to this sale.
- More specifically, Company does not intervene in any way in the
choice of the Collectibles offered for sale on the Marketplace nor in the determination of the selling
prices fixed by the Sellers. The Users understand and accept that Company does not control the reality,
the relevance and the fairness of the prices, whether they are excessive or derisory, proposed by the
Sellers. The Buyer is the only responsible for the appreciation of the price of the Collectibles
proposed through the Marketplace.
- Listing and delisting of Offers
- Any user can list a Collectible Offer on the Marketplace. The
Collectibles listed on the Marketplace are chosen solely by the Sellers offering them for sale.
- Company reserves the right to remove from the Marketplace the
Offers of a Seller, especially, but not exclusively, if the Seller: -
- does not respect the applicable regulations;
- does not respect the terms and conditions;
- is subject to a temporary or permanent suspension of his account;
- makes fraudulent use of the Services.
- Disputes on the Marketplace
- As part of its Marketplace, Company acts as a mere intermediary
between Sellers and Buyers. As such, Company shall not be held liable for damages caused by a sale, due
to the price or an act done by one of the Parties.
- In addition, the services provided through the Marketplace take
place only between the Buyer and the Seller. Company’s responsibility cannot be incurred in
respect of such services from which Company is unconcerned.
- Therefore, any potential claim must be addressed by the Buyer to
the Seller. The Seller is solely responsible for the claims processing. Nevertheless, Company reserves
the right to take part in arbitration, in its discretion, if the Seller does not provide a response to a
request nor a settlement to a dispute.
- IN – GAME PURCHASES AND PHYSICAL OR VIRTUAL PRIZES
- As a part of the Services, the Company may, at its sole option,
decide to award giveaways to the Users, upon compliance with certain criteria as may be specified for
such Service, or in the nature of a prize for emerging as the winner in any of the
contests/games/tournaments etc. conducted by the Company (“Giveaways”).
- The Giveaways shall comprise of any virtual points garnered to the
Account of the User, or any tangible items or services in the form of a prize or reward which can be
redeemed by the User in accordance with the terms and conditions of the Company.
- In – Game Purchases
- The Company may introduce virtual items such as stickers, coins,
points, XPs and such similar items, which can be purchased by the User for a nominal charge (in
Singapore Dollars/INR), payable to the Company (“FANCOINS”). The FANCOINS, once purchased by the User, may be used to buy Collectible, or
Collectible packs to upgrade to reach higher levels in the games/contests/ tournaments etc. giving Users
access to more perks and rewards.
- Once purchased, the FANCOINS cannot be exchanged or returned for
cash. The User shall further not be entitled to encash the FANCOINS in any manner. Once the FANCOINS are
deposited in the Account of User, the User can only use them to upgrade to higher levels in the Services
- Vouchers and Physical/ Digital rewards
- The Company may, in the form of a physical or virtual reward or
prize, for participation and/or winning of contests, assignments and other related tasks that form part
of the Services, grant digital currencies / non-fungible tokens (such as digital vouchers, coins, gold,
diamond points, FANCOINS etc.) or third-party vouchers. The physical rewards may include signed jerseys,
caps, bootcamp tours, live gameplays with Players etc.
- The digital rewards shall not require any kind of payment and
shall not be redeemable or convertible into cash. The digital currencies shall solely serve the purpose
of enabling the User to access further levels within the Services in the manner specified in the
characteristics of such digital rewards.
- The third-party vouchers shall also not require any kind of
payment and shall be provided by the Company in association with paid promotion with third party
entities who may be sponsoring or promoting itself through the Services. The third-party vouchers, may
be convertible into tangible products, tangible services or digital services, in accordance with the
specifics of the third party who is providing such vouchers according to the terms and conditions of the
- The User shall avail or purchase, as the case may be, the
Giveaways, including the FANCOINS, vouchers and digital rewards, only from the Company, or through the
authorized partners of the Company, and through the Platform/Services.
- The Company shall have the sole discretion and right to withdraw,
amend, modify, alter, and cancel any of the aforementioned in-game purchases and virtual items, at any
time, without any notice. The Company shall also be entitled to change the terms, increase or decrease
the values, and introduce new methods or concepts in this regard.
- The User shall use the in-game purchases and virtual items only
for the purposes which it has been provided, and they shall not be transferable, assignable or
substitutable, except as otherwise provided by the Company.
- In the event any in-game purchases and virtual items require a
transaction with a Third-Party Service provider (including payment service providers), the User agrees
User shall be solely responsible for any payments made from his bank account in this relation. The
Company shall not be a party to such transaction or agreement, and shall not be responsible for any
actions or omission, claims of misconduct, fraud or negligence pertaining to the transaction. The
Company accepts no obligation and responsibility for the use of the payment option by the Third-Party
Service provider. Once payment is made by the User, the User shall not have the further right to cancel
and redeem, or require a refund of the payment already made by him/her.
- The decisions of the Company are final and binding in all matters
relating to the vouchers and digital awards/rewards. In no event shall the Company be obligated to award
any prizes other than the prizes specified in these terms and conditions.
- The User acknowledges that certain jurisdictions have laws
regarding contests that may prevent the Company from awarding the User a prize or reward. By availing
the Services, the User understands and accepts the risk that the User may not be able to receive a
- PAYMENT OF IN-APP PURCHASE CHARGES
- In-app Purchase Charges: Charges applicable to the Services are as described in the relevant section of the
Platform. Such fee shall be paid by User to the Company, using the Third-Party Services and under the
payment terms agreed between User and Company, on the Platform.
- Taxes: All
charges payable by User are exclusive of applicable taxes and duties. User shall provide to Company any
information reasonably requested by the Company in connection with payment of taxes.
- Company reserves the right to alter any or all charges from time to
time, without notice. The User shall be liable to pay all applicable charges and taxes for availing the
- User Restrictions & IPR Ownership
- Except as expressly granted and permitted in this Agreement, User
does not obtain any right in and to the Services or may copy or use the Services in any manner, or for
any other purpose. User shall not attempt to (a) modify, alter, translate, tamper with, repair, or
otherwise create derivative works of Services or Platform; (b) reverse engineer, disassemble, decompile
or decrypt the product, Services, Platform or otherwise apply any other process or procedure to
discover, extract, reconstruct, or derive the source code, underlying ideas, algorithms, file format,
programming or interoperability interfaces, components, trade secrets or other proprietary information
embodied in or associated thereto; (c) except as and to the extent expressly permitted under this
Agreement, rent, lease, resell, sub-license or otherwise distribute the Services to other people or
entities, or otherwise charge them for the use of the Services; or (d) use the Services (or any of its
underlying concepts and ideas) to create or improve (directly or indirectly) a substantially similar
product, Platform or Service. The license granted to User in this Agreement is conditional on
User’s continued and full compliance with the terms and conditions of this Agreement and may be
terminated by Company, if User does not comply with any term or condition of this Agreement. During and
after the term of this Agreement, User shall not assert, nor shall User authorize, assist, or encourage
any third party to assert, against Company or any of its Affiliates, customers, vendors, business
partners, or licensors, any patent infringement or other intellectual property infringement claim
regarding the Services availed by the User.
- Company shall retain its intellectual property rights in any
computer programs, data, software, hardware, Platform, Services, Confidential Information or other
material which constitute pre-existing proprietary items of the Company and which are provided by the
Company to User for the provision of the Services, with respect to which no right, title or interest
shall be transferred or be deemed to be transferred from the Company to User.
During the term of this Agreement and for [●]years thereafter, the
Receiving Party shall (a) take reasonable measures to protect the Confidential Information of the Disclosing
Party that are no less than those measures taken by the Receiving Party to protect its own Confidential
Information of similar nature; and (b) not disclose the Confidential Information of the Disclosing Party,
except to Affiliates, employees, agents or professional advisors on a need to know basis, provided that they
have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it
confidential, or except when required by law after giving reasonable notice the Disclosing Party if allowed
- Limitation of Liability
Company shall not be responsible for losses of any kind resulting from
User’s transaction on the Platform. The liability for use / misuse of a card, bank account, wallet
etc., including any fraudulent act shall be on the User and the onus to 'prove otherwise' shall be
exclusively on the User. All information collected by the Company shall be governed as per the Privacy
Policy of the Company.
- General Disclaimer
- Company makes no other express, implied or statutory
representations, guarantees or warranties of any kind with regard to the Services. The Services are
otherwise provided “as is”
without any warranty, including, without limitation, the warranties of merchantability, fitness for a
particular purpose, satisfactory quality, accuracy, correspondence to description, title, quiet
enjoyment, and non-infringement, which are all expressly disclaimed.
- The Company has endeavoured to ensure that all the information
provided by it on the Platform is correct, but the Company neither warrants nor makes any
representations regarding the quality, accuracy or completeness of any data or information displayed on
the Platform. The Company makes no warranty, express or implied, concerning the Platform and/or its
contents and disclaims all warranties of fitness for a particular purpose and warranties of
merchantability in respect of information displayed and communicated through or on the Platform,
including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether
direct or consequential, to any User or any other person, arising out of or from the use of any such
information as is displayed or communicated through or on the Platform.
- The User further agrees that any information provided by the
User in connection with the Services may be used by the Company in accordance with these terms and
- Unless prohibited by applicable law, the acceptance of a User
to avail the Services constitutes the User’s permission to use their details and information, in
perpetuity, in any manner that the Company.
- The Company shall not be responsible for the delay or inability
to use the Services on the Platform, the provision of or failure to provide the Services, or for any
information, software, products, Services and related graphics obtained from the Company through the
Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the
Company shall not be held responsible for non-availability of the Platform during periodic maintenance
operations or any unplanned suspension of access to the Platform that may occur due to technical reasons
or for any other reason whatsoever. User understands and agrees that any material and/or data downloaded
or otherwise obtained from the Company through the Platform is done entirely at his/her discretion and
risk and he/she shall be solely responsible for any damage to his/her equipment including a phone,
internet access, etc., or any other loss that results from such material and/or data.
- These limitations, disclaimer of warranties and exclusions
apply without regard to whether the damages arise from (i) breach of contract, (ii) breach of warranty,
(iii) negligence, or (iv) any other cause of action, to the extent such exclusion and limitations are
not prohibited by applicable law.
- USER'S OBLIGATIONS
- The User's rights on the Platform are conditioned upon
compliance with each of the following: -
- in order to utilize the Services provided by the Company, the User
must be over the age of [●] and if the User is under the age of [●], he/she must have
his/her parent’s or legal guardian’s permission prior to availing the Services, and by
participating/streaming, the User represents that his/her parent or legal guardian has provided such
permission and agreed to these terms and conditions;
- the User shall not use any one or more of the licenses (and any
associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise,
view, display, forward, any material or information, whether personally identifiable or not, posted by
or concerning any other user of the Platform, unless the User would have obtained prior permission from
such user to do so;
- the User shall not interfere with or disrupt, or attempt to
interfere with or disrupt, the operation of the Platform (or any parts thereof);
- the User shall abide by all copyright notices, information,
restrictions contained in or associated with any of the Platform content;
- the User shall not remove, alter, interfere with or circumvent any
copyright, trademark, watermark, or other proprietary notices marked/displayed on the Platform;
- the User shall not remove, alter, interfere with or circumvent any
digital rights management mechanism, device or other content protection or access control measure
(including, without limitation geo-filtering and/or encryption) associated with the Platform;
- the User shall not use any of the rights granted to him/her or any
of the Platform content in a manner that suggests an association with any of the Company's products,
Services or brands, unless otherwise specifically permitted by the Company;
- the User shall not do anything on the Platform that would prevent
other users' access to or use of the Platform or any part thereof;
- The User represents and confirms that he/she is not a person barred
from accessing and using the Platform and availing the Services under the laws of Singapore or under the
laws of the relevant jurisdiction, as applicable, or other applicable laws.
- The User acknowledges and agrees that as between the Company and
the User, the Company owns all right, title and interest in the Services and the Platform; and nothing
in these terms and conditions shall confer on the User any license or right of ownership in the
Company’s intellectual property rights and/or the Platform or its contents.
- The User also understands that the Services may include certain
communications from the Company as service announcements and administrative messages. The User
understands and agrees that the Services are provided on an "as-is-where-is" basis and that
the Company does not assume any responsibility for deletions, mis-delivery or failure to store any User
communications or personalized settings.
- LICENSE AND PROPRIETARY RIGHTS
- Subject to the terms and conditions, the Company hereby grants to
the User, if and only to the extent the necessary functionality is provided to the User on or through
the Platform, the following limited, revocable, non-exclusive, non-transferable, non-assignable,
worldwide, royalty-free rights and licenses (each a "License"):
- the License to access, view and otherwise use the Platform
(including, without limitation any information or Services provided on or through the Platform) for the
personal and lawful use only by the User, as intended through the normal functionality of the Platform;
- the License to use any other functionality expressly provided by
the Company on or through the Platform for use by Users, subject to the terms and conditions.
- The content of the Platform, and all copyrights, patents,
trademarks, service marks, trade names, software codes and all other intellectual property rights
therein, whether registered or unregistered, are owned by the Company and/or its licensors and are
protected by applicable Indian and international copyright and other intellectual property laws. The
User acknowledges, understands and agrees that he/she shall not have, nor be entitled to claim, any
rights in and to the content of the Platform and/or any portion thereof.
- The Company may provide the User with content including
information, sound, photographs, graphics, video or other material through the Platform. This material
may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may
use this material only as expressly authorized by the Company and shall not copy, transmit or create
derivative works of such material without express authorization from the Company.
- The User acknowledges and agrees that he/she shall
not upload, post, reproduce or distribute any content on the Platform that is protected by copyright or
other proprietary right of a third party, without obtaining the permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent of the owner must contain the
appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of
copyrighted or other proprietary content is illegal and could subject the User to personal liability or
The User agrees to indemnify, defend and hold harmless the Company, its
affiliates, group companies and their directors, officers, employees, agents, third party service providers,
and any other third party providing any service to the Company in relation to the Services whether directly
or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses
(including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted
against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any
breach or non-performance of any terms of the terms and conditions including any representation, warranty,
covenant or agreement made or obligation to be performed by the User pursuant to the terms and
- TERM AND TERMINATION
- Term: This Agreement commences on the Effective Date shall remain in effect, unless it is
terminated as set forth in this Agreement.
- Termination for Breach: Company may terminate this Agreement for breach if the User is in breach of the
- Termination for Convenience: Company may terminate this Agreement for convenience, at any
time and for any reason, by providing a prior written notice to the User.
- Effects of Termination: Upon the expiration /termination of this Agreement: (i) User shall not be entitled to
receive new Services anymore; (ii) all charges (including taxes) owed by User to Company through the
effective day of termination shall immediately become due; (iii) User must permanently stop exercising
any of its rights hereunder; and (iv) User shall destroy all Confidential Information of the Company
received pursuant to this Agreement.
- Notices: All notices, communications, reports, approvals or consents, required or permitted by
this Agreement, must be in writing, in English, and addressed to the other Party’s primary point
of contact. Notices to Company must be sent by email to [●] and shall be
treated as given upon their receipt, as verified by written or automated receipt or by electronic log.
User is responsible to keep its email account with Company current.
- Assignment: User may not assign, transfer, delegate or sublicense this Agreement, any part thereof
or any right thereunder, without the prior written consent of the Company. Subject to the foregoing,
this Agreement shall be binding upon, and inure to the benefit of, the Parties and their respective
successors and assigns.
- Force Majeure: Company shall not be
liable for failure or delay to perform any obligation under this Agreement, to the extent caused by
circumstances beyond its reasonable control, such as act of God, war declared, terrorism, negligence by
User, civil or political disturbance, internet downtime, lock-outs, floods, fire, epidemic, pandemic and
other exceptional circumstances.
- No Agency: This Agreement does not create any agency, partnership or joint venture between the
Parties and neither Party has any authority to bind the other.
- No Waiver: Neither Party shall be deemed to have waived, or restricted its right to enforce, any
rights under this Agreement by failing to exercise or enforce (or delaying the exercise or enforcement
of) such rights. All waivers by us must be in writing to be effective.
- Severability: If any term of this Agreement (or part thereof) is held by a court of competent
jurisdiction to be invalid, illegal, or unenforceable, it shall be interpreted to have been limited,
eliminated or severed, to the minimum extent, as necessary to keep the obligations of the Parties, and
the rest of the Agreement, in full force and effect.
- No Third-Party Beneficiaries: This Agreement does not confer any benefits on any third-
party individual or entity that is not a Party to this Agreement, unless it expressly states that it
- Equitable Relief: Parties acknowledge that a breach of any provisions of this Agreement pertaining to
Confidential Information, or the ownership of, license to and restriction on, intellectual property
right, may cause irreparable injury to the injured Party, for which monetary damages would not be an
adequate remedy, and the injured Party shall be entitled to seek injunctive or other equitable relief in
any state, federal, or national court of competent jurisdiction for any actual or alleged breach of
- Applicable Law: This Agreement shall be deemed to have been made in, governed by and construed pursuant
to, the laws of Singapore.
- Venue: All claims or disputes arising out of or relating to this Agreement shall be litigated
exclusively in the courts located in Singapore.
- Survival: The following Clause shall survive expiration or termination of this Agreement: 10
(Payment of in-app Purchase Charges), 11
(User Restrictions & IPR Ownership), 12
(Confidentiality), 13 (Limitation of Liability), 18.4 (Effects of Termination), and 19 (Miscellaneous).