Terms of Service

Last Revised - September 20, 2021

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1 – ACCEPTING THESE TERMS

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.

By using or accessing our Services, you are deemed to have read, accepted, executed and agreed to be bound by all the terms and conditions of these Terms, our Privacy Policy, and our Cookies Policy, incorporated herein by reference. If any provision of these Terms or any future changes are unacceptable to you, do not use or continue to use our Services.

1.1 – CHANGES TO THESE TERMS

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

  • Our Services
  • Privacy Policy
  • Contacting Enjin 
  • Your Account
  • Acceptable Use and Conduct
  • User Content 
  • Representations and Warranties
  • Intellectual Property Rights
  • Intellectual Property Policy
  • Third Party Websites and Content
  • Disclaimer Of Warranties
  • Indemnity
  • Limitation Of Liability
  • Termination
  • Governing Law
  • Dispute Resolution
  • Other Provisions
2 – OUR SERVICES

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.

2.1 – OTHER SERVICES

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.

2.2 – LIMITS

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.

2.3 – CHANGES TO OUR SERVICES

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.

3 – PRIVACY POLICY

We ask that you review the terms of our Privacy Policy, so that you are aware of how we collect and use your information. 

4 – CONTACTING ENJIN 
4.1 – HELP CENTER

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.

4.2 – SUPPORT 

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 support@enjin.io.

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:

  • The subject of your email, should provide a brief, generalized, explanation of the problem or inquiry.
  • The body, or description of your email, should explain, in detail, the problem or inquiry.
  • To protect yourself, you should not submit any sensitive information (such as passwords, API keys, or credit card details) in either the subject or the body of your email. If you receive such a request, do not reply with the requested information. Send the email containing the request (or ticket identifier) to abuse@enjin.io instead.
  • Support tickets should be submitted in English whenever possible. If you send a support ticket in another language, you may receive a response informing you that we are unable assist you. Alternatively, we may attempt to use an online translation service, such as Google Translate. If we use an online translation service, you may experience slower response times and the responses may not necessarily be accurate because of the translation service used. Therefore, we strongly urge our customers to contact us in English for the best support experience.


If you are contacting us for business or marketing purposes, you may reach out to us at enj.in/contact or contact@enjin.io.

5 – YOUR ACCOUNT

In order to use some of our Services, you may be required to register an account. You are solely responsible for the security of your username, email address and password. You agree that all information you provide to use our Services is governed by our Privacy Policy

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. 

6 – ACCEPTABLE USE AND CONDUCT

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:

  • Create an account for the purpose of username “squatting”;
  • Create multiple accounts in order to “game” our statistical systems;
  • Create a user account for the purpose of advertising your commercial or noncommercial website or services, without our express permission;
  • Share access to your account;
  • Engage in harassment, threats, stalking, spamming, or vandalism; 
  • Post content that infringes on a third-party’s copyrights, trademarks, patents, or other proprietary rights under applicable law.
  • Post content that is false or inaccurate, with the intent to deceive, or constituting libel or defamation;
  • Post irrelevant content, repeatedly post the same or similar content, or otherwise impose an unreasonable or disproportionately large load on Enjin’s infrastructure;
  • Impersonate an Enjin employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Use any manual or automated means, including agents, spiders, robots, crawlers, data mining tools, or the like to:
       
       ○ download data from our Services – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define the term “well-behaved”; or

       ○ to access or manage any user’s account: or

      ○ to monitor or copy our Services or the content contained therein.
  • Use our support system for any reason other than to make helpful, meaningful suggestions or request account, or billing aid, and support;
  • Collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any user of our Services, or to proxy authentication credentials for any user of our Services for any purpose, including automating logins to our Services.
  • Use our Services in order to gather or datamine information on other users, including their private information, IP address, or other network profile data;
  • Use our Services in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • Attempt to gain unauthorized access to Enjin’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, our Services;
  • Obtain access to a network or the Services without authorization;
  • Interfere or attempt to interfere with the proper operation of the Services or prevent others from using the Services, or disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to our Services, or negatively affect other people’s ability to use our Services;
  • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of our Services; 
  • Attempt to attack another person by using our Platform or its Services;
  • Attempt to incite other users to commit unlawful or harmful acts, intimidate or threaten other users, or distribute private data or information;
  • Attempt to gather and distribute any private information on any other user, including their address, name, IP address, place of residence or work, or age, gender, or any other private information without their explicit permission; and
  • Post child pornography or any other content that violates applicable law concerning child pornography;
  • Post obscene material that is unlawful under applicable law; 
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm Enjin or users of our Services, or expose them to liability; and
  • Use the Services in a manner that is inconsistent with applicable law and these Terms.

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 support@enjin.io

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:

  • Investigate your use of our Services to determine whether a violation of these Terms has occurred, or to comply with any applicable law, legal process, or appropriate governmental request;
  • Detect, prevent, or otherwise address fraud, security, or technical issues or respond to user support requests; or
  • Manage our Services in a manner designed to facilitate their proper functioning and protect the rights, property, and safety of ourselves and our users, partners, and the public.

Any violation of these Terms may result in any of the following:

  • We may issue a warning and demand that you remedy your violation, where applicable;
  • We may refuse, disable, or restrict certain portions of your access to our system;
  • We may delete content or data that you have added to our system;
  • We may completely ban you from accessing our system;
  • We may delete your account entirely from our system, with no liability to you; or
  • We may take legal action against users who violate these Terms (including reports to law enforcement authorities).

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.


7 – USER CONTENT
7.1 – UPLOADING CONTENT

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.


7.2 – RIGHTS GRANTED TO ENJIN

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.


8 – REPRESENTATIONS AND WARRANTIES

By using our Services, you represent and warrant that: 

  • You will submit true, accurate, current, and complete registration information; 
  • You will maintain the accuracy of such information and promptly update such registration information as necessary; 
  • You have the legal capacity and you agree to comply with these Terms; 
  • You are not under the age of 13; 
  • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our Services; 
  • You have the right to grant Enjin the appropriate license to your content;
  • You will not use our Services for any illegal or unauthorized purpose; and 
  • Your use of our Services will not violate any applicable law or regulation.
9 – INTELLECTUAL PROPERTY RIGHTS
9.1 – TRADEMARKS

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.


9.2 – OTHER INTELLECTUAL PROPERTY

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. 


9.3 – LINKING TO OUR SITE

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 legal@enjin.io.


10 – INTELLECTUAL PROPERTY POLICY 

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 legal@enjin.io.

The owner of the intellectual property right (the “IP”) or a person authorized to act on his behalf must submit the following information: 

  • information to contact you, such as your name, an address, telephone number and e-mail address; 
  • identification of the IP that is claimed to be infringed; 
  • identification of the allegedly infringing material that is requested to be removed, including a description or a URL to where it is located on our Services (please also include screenshots); 
  • an explanation for objecting to the allegedly infringing material;
  • a statement on the specific country concerned;
  • a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the IP owners, its agent or the law; 
  • a statement that the information above is accurate, and under penalty of perjury, that you are the IP owner or the authorized person to act on behalf of the IP owner; and
  • a statement that the complainant submits to the jurisdiction of the courts in Singapore for the purposes of any proceedings relating to the allegedly infringing material;
  • the physical or electronic signature of the owner of or of a person authorized to act on behalf of the owner of the IP or of an exclusive right that is allegedly infringed;
  • Please also attach the following: 
        ○ Proof of your identity; 
        ○ Proof of ownership of the IP from the proper authority, if any; 
        ○ Proof of right to use the IP granted by owner; and
        ○ Proof of authority to represent the IP owner, if not the IP owner.
  • Certified English translations of any of the above, as applicable. 

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:

  • information to contact you, including your name, an address, telephone number and e-mail address; 
  • identification of the material that has been removed or to which access has been disabled;
  • the location or link at which the material appeared before it was removed or access to it was disabled; 
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled or that the content is not infringing the IP of others (please note that you will be liable for damages if you materially misrepresent that content is not infringing the IP of others); 
  • a statement that the information above is accurate; 
  • a statement that you submit to the jurisdiction of the courts in Singapore for the purposes of any proceedings relating to the material; and 
  • your physical or electronic signature.
  • Please also attach the following: 
        ○ Proof of your identity; 
        ○ Proof of ownership of the IP from the proper authority, if any;
        ○ Proof of right to use the IP granted by owner; and
        ○ Proof of authority to represent the IP owner, if not the IP owner.
  • Certified English translations of any of the above, as applicable. 

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. 


11– THIRD PARTY WEBSITES AND CONTENT

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.


12 – DISCLAIMER OF WARRANTIES

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.


13 – INDEMNITY

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:

  • Your content and your data;
  • Your use of, or connection to, our platform or any Services offered by us;
  • Your use of our support services;
  • Your misuse of any of the above; 
  • Your breach or alleged breach of these Terms or any law or regulation; or
  • Violation of any right of a third party. 
14 – LIMITATION OF LIABILITY

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.


15 – TERMINATION

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.


16 – GOVERNING LAW

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). 


17 – DISPUTE RESOLUTION
17.1 – Jurisdiction

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. 


17.2 – Waiver by Jury Trial 

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.


17.3 – Arbitration

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.


17.4 – Limitation on time to file claims

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.


18 – OTHER PROVISIONS 
18.1 – Reasonableness

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.


18.2 – No Waiver 

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.


18.3 – Severability 

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.


18.4 – Relationship of the Parties

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.


18.5 – Entire Agreement

These Terms, our Privacy Policy, and our Cookies Policy constitute the sole and entire agreement between you and Enjin regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

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