Last Revised - September 20, 2021
Please read these Terms of Service (the “Terms”), carefully, before using enjin.io, enjinx.io, or any other domains, apps, products, services, or content provided by Enjin Pte. Ltd. (“Enjin”) and its affiliates (the “Services”), whether as a guest or registered user.
We operate and control our Services from our offices in Singapore. Our Services are not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation. Accordingly, those persons who chose to access our Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Our Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use our Services. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using our Services.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Services thereafter. Any changes to these Terms will be in effect as of the “Last Revised” date referred to at the top of this page.
Your continued use of the Services after following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
1.2 – WHAT THESE TERMS CONTAIN
Enjin offers a variety of Services which may be accessed through our websites and apps. In order to interact with our Services, you may be required to register an account with us. These Services may be provided by us for free. All Services are provided "as is," with the possibility of future changes as part of an ongoing effort to improve the Services we offer.
Enjin may also offer specific services or features such as giveaways, Non-Fungible Token (“NFT”) campaigns, contests, sweepstakes, and other events. These other services are subject to additional terms and conditions (the “Additional Terms”), that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible for reviewing such Additional Terms to determine whether or not you are eligible to participate. The Additional Terms are hereby incorporated by reference into these Terms. In the event that there is an irreconcilable conflict between the Additional Terms and these Terms, the Additional Terms shall prevail.
Each of our Services have a defined limit in one way or another. We may, or may not, choose to disclose those limits. Any such limits may be changed at any time, with or without prior notice.
Enjin is always expanding and thus you may see changes to our Services without warning. Due to the evolving nature of technologies and the way we do business, we reserve the right, with or without notice, to modify, suspend, terminate, or discontinue providing any of the Services at any time. We release updates on a regular basis, some of which are not publicly announced. These are done to improve system stability, add new features, allow us time to perform routine maintenance, or comply with applicable law. We are not liable in the event that we modify, suspend, terminate or discontinue any part of the Platform or its Services.
We have created a Help Center which will provide general support. It is likely that any inquiry you may have will already be answered in the form of an article. We strongly urge our customers and users to check the Help Center prior to contacting Support, as this will save both you and us time.
If you are experiencing any issues, are unable to find any information pertaining to your inquiry on our Help Center, or want to reach out to our team, you may do so by sending us an email at email@example.com.
When contacting us, we want to provide you with the best possible support, so please follow these steps to ensure a fast and relevant response:
When Enjin requests information, the information you submit should be complete and accurate. You also agree that if any of the provided information changes, you will make the necessary changes to your account as soon as reasonably possible.
You agree not to log into another user's account or try to gain access to another user's account. You should never share your login information with another user or a third party. Your account is your sole responsibility, and any claims that someone else used your account to violate these Terms or change your settings will be dismissed.
You are also responsible for any problems that arise as a result of your account's use. Any damage to our system or our Services caused by your account will be your responsibility.
We reserve the right to cancel your account, without notice, for any reason, at any time.
You are solely responsible for your actions, content, and the behavior of your account. We work hard to keep our Services safe and enjoyable for everyone. Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability.
You agree not to:
The above-mentioned acts are not an exhaustive list. You agree not to allow or encourage any third party to use any of our Services to commit any of the above-mentioned or similar acts. You also agree to immediately notify us if you violate or are accused of having violated any of these Terms at firstname.lastname@example.org.
Please be aware that we handle each instance of a violation or alleged violation of these Terms on a case-by-case basis. We reserve the right to act or refrain from acting on any violations in any way we deem appropriate. We are not obliged, however, to follow up on any leads or reports of violations. We are also under no obligation to enforce these Terms or impose penalties for violations of it in any way. However, even if we choose not to enforce our rights under these Terms, we may do so in the event of a violation.
In such cases, we reserve the right, but do not have the obligation to:
Any violation of these Terms may result in any of the following:
In the interests of our users and the Services, in the event that any individual has had his or her account or access blocked or is banned under this provision, he or she is prohibited from creating or using another account on or seeking access to (either the portion or entirety of) our Services, unless we provide explicit permission.
The blocking of an account, access, or the banning of a user under this provision shall be in accordance with Part 15 of these Terms.
Whenever you make use of a feature that allows you to upload content to our Services, or to make contact with other users of our Services, you must comply with the content standards set out in Part 6 above and in this section.
Any content you upload to our Services will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in 7.2 below.
By uploading your content to our Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your content. You agree that your content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described in 7.2.
You warrant that any such content complies with these Terms, and you will be liable to us and indemnify us if that warranty is breached. This means that you will be liable for any loss or damage we sustain as a result of your breach of warranty.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in accordance with these Terms. You are solely responsible for securing and backing up your content.
When you upload content to our Services, you grant us a license to access, use, host, cache, store, copy, reproduce, transmit, display, publish, distribute, adapt and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) your content in any and all media or distribution methods (now know or later developed) but solely as required to be able to operate and provide our Services.
You agree that these rights and licenses are worldwide, non-exclusive, royalty-free, transferable, sub-licensable, worldwide and irrevocable (for so long as your content is stored with us), and include a right for us to make your content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of our Services, and solely for purpose of providing our Services, and to otherwise permit access to disclose your content to third parties if we determine such access is necessary to comply with our legal obligations.
By using our Services, you represent and warrant that:
Our trademarks, logos, images, service marks, trade names and other distinctive branding features are used on our system and by our Services. We do not give you a license to use any of these, and you may not use them without our permission.
Our Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Enjin, its licensors, or other providers of such material and are protected by Singapore and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms.
You may link to our homepage (http://enjin.io) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without further notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com.
We want to ensure that the content that we host do not infringe the proprietary rights of others.
If you are the owner of content that is being improperly used on our Service without your permission, you may request that the content be removed. To make such a request, please email us with the required information at firstname.lastname@example.org.
The owner of the intellectual property right (the “IP”) or a person authorized to act on his behalf must submit the following information:
Alternatively, you can make use of the relevant forms found here (depending on the allegedly infringing material, please use Form A or Form C).
Pursuant to these Terms, we shall remove any infringing material that complies with the above notice requirements, and we may terminate, in appropriate circumstances, users and account holders of our Services who are repeat infringers.
However, we also recognize that not every takedown notice is valid or in good faith. In such cases, we strongly encourage users to file counter-notifications when they appropriately believe a takedown demand is invalid or improper.
To file a counter-notification with us, you must provide us with the following information:
Alternatively, you can make use of the relevant forms found here (depending on the material, please use Form B or Form D). When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion.
Our Services may contain features and functions that link to third-party websites, servers, directories, systems, networks or any other kind of third-party hosting or hosted content. Anytime you access this content, what you do with it is between you and the provider of that content. We do not endorse or support any third-party content, and cannot be held responsible for what is contained on external systems. We expressly disclaim any responsibility for what happens on third-party systems. Third-party systems are not a part of our Services in any way, and we imply no affiliation or endorsement by having them on our system.
Please make sure that you familiarize yourself with the safety and reputation of any third-party links that you click or otherwise access, and that you take the appropriate steps to back-up your data, protect your privacy, and guard yourself against viruses, malware, scams or other types of risks that can be found on the Internet.
Our Services may include content provided by third parties, including materials provided by advertisers, other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Enjin, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Enjin. We are not responsible, or liable to you or any third party, for the content, accuracy, or legality, of any materials provided by any third parties.
ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
We cannot be held responsible or liable for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in or accessible through our Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.
We are not responsible for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We are not responsible for any harm that might come from downloading or accessing any information or material on the Internet through our Services.
THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ENJIN, ITS SUPPLIERS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ENJIN, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. ENJIN, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. ENJIN, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES.
YOU UNDERSTAND AND AGREE THAT: (A) THE SERVICES WILL NOT BE UNINTERRUPTED OR ERROR-FREE; (B) THERE IS NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED; (C) ENJIN HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE SERVICES; (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA; AND (E) ENJIN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THROUGH THE SERVICES, OR ON ANY WEBSITE LINKED TO IT.
CRYPTOCURRENCY ASSETS (INCLUDING, WITHOUT LIMITATION, NFTS) ARE INTANGIBLE DIGITAL ASSETS WHICH EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE RELEVANT NETWORK. THE NETWORK IS NOT UNDER THE CONTROL OR INFLUENCE OF ENJIN. ENJIN CANNOT GUARANTEE THAT IT CAN EFFECT THE TRANSFER OR RIGHT IN ANY CRYPTOCURRENCY ASSETS.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENJIN OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE SERVICES (INCLUDING THROUGH SUPPORT SERVICES OR PROFESSIONAL SERVICES) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend, and hold harmless Enjin, its successors, subsidiaries, affiliates (including companies under common ownership), co-branders, contractors, employees, third party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third-party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to:
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ENJIN OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (REGARDLESS IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OR THE INABILITY TO USE THE SERVICES.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN ENJIN (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
To the extent that foregoing limitation of liability is prohibited, our sole obligation to you for damages shall be limited to the amount you paid us to use the Services to which such claim relates in the 12-month period preceding the filing of such claim.
You agree that any third party who is not a direct contracting party in the provision of our Services shall not be entitled to make any claim whatsoever against us, and that the Contracts (Rights of Third Parties) Act of Singapore and any subsequent revision or replacement thereof is specifically excluded.
Enjin reserves the right, in our sole discretion, to terminate your access, or use of the Services, ban you as a user, delete any content or data uploaded by you, terminate these Terms, or terminate part or all of our Services, with or without cause, and with or without notice. You acknowledge and agree that, upon any such termination, any licenses granted by Enjin shall terminate and Enjin shall have no liability or obligation to you.
Even after your use and participation are banned, blocked or otherwise suspended, these Terms will remain in effect with respect to relevant provisions, including Parts 2,6,7,8,9,11,12,13,14,15,16,17 and 18.
You agree that all matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related, shall be governed by and construed in accordance with the laws of Singapore (without reference to conflict of laws principles).
You agree to file any legal suit, action, or proceeding (each a “Dispute”) arising out of, or related to, these Terms or the Services exclusively in the courts of Singapore, although we retain the right to bring any Dispute against you for breach of these Terms in your country of residence or any other relevant country. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Singapore, in any Dispute relating to us or these Terms.
You waive any and all objections to the exercise of exclusive jurisdiction over you and over the subject matter by such courts and to venue in such courts including any defense of forum non conveniens.
You irrevocably waive, to the fullest extent permitted by applicable law, any right you may have to a trial by jury in respect of any Dispute directly or indirectly arising out of, under or in connection with these Terms.
At Enjin’s sole discretion and election, we may require you to refer any Disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to be finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. In such event, the seat and venue of such arbitration shall be Singapore, the Tribunal shall consist of a single arbitrator, and the language of the arbitration shall be English.
To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree that you have had the opportunity to seek independent legal advice relating to all the matters provided for in these Terms and agree that (a) there shall be no presumption that any ambiguity in these Terms should be construed in favour of or against any party solely as a result of such party’s actual or alleged role in the drafting of these Terms, and (b) the provisions of these Terms and all documents entered into pursuant to these Terms are fair and reasonable.
No waiver by Enjin or any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Enjin to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any term, clause, or provision of these Terms is held invalid and unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other terms, clauses, or provisions of these Terms.
You, third parties, and we are all independent parties with respect to each other. These Terms not mean an agency or partnership between us and you or any third party. It also does not constitute a joint venture, or an employment relationship. You agree that Enjin has no special relationship with or beneficiary duty to you. No parties to these Terms (including us, you, and any third party) have the right to enter into an agreement for or on the behalf of any other agreeing party. No parties to these Terms may become involved in a situation that results in obligation or liability of any other agreeing party.