TERMS & CONDITIONS
This website is operated by SkyArk, a company incorporated under the laws of Singapore.
These T&Cs govern your access to and use of the SkyArk Platforms, including any and all SkyArk Services (as defined below).
To go straight to more information on each area of these T&Cs, click on the links below:
- CONTRACTUAL RELATIONSHIP
- CONFLICT OR INCONSISTENCY
- THE SKYARK SERVICES
- SKYARK USERS’ OBLIGATIONS
- DISPUTES WITH OTHER SKYARK USERS
- DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
- THIRD PARTY SERVICES AND WEBSITES
Unless the context otherwise requires, the definitions and interpretative provisions in Schedule1 apply throughout these T&Cs.
- These T&Cs constitute a binding legal agreement between SkyArk and you, that applies to the SkyArk Platforms, the SkyArk Services and all services provided by SkyArk in conjunction with the same.
- Together, these T&Cs and any other terms and conditions as may be agreed between us in writing, shall form the terms of contract between you and SkyArk, for the SkyArk Services you access/subscribe for from time to time. We reserve all rights not granted herein.
- Please read these T&Cs carefully before using the SkyArk Services or registering for a SkyArk Account so that as a SkyArk User you are aware of your legal rights and obligations with respect to SkyArk and the SkyArk Services.
- By accessing the SkyArk Platforms and/or subscribing to the SkyArk Services in any way, you shall be deemed to have used (and be a user of) the SkyArk Platforms and SkyArk Services (a “SkyArk User”). As a SkyArk User, you indicate that you agree to be bound by and comply with these T&Cs (as may be changed, modified or updated by SkyArk in its sole discretion in any way and at any time, by publishing the updated T&Cs on the Website). You agree that you will periodically check the Website for updates to these T&Cs. You understand and agree that you will be considered to have been given notice of any modifications once we post them on the Website and that your continued use of any of the SkyArk Platforms or the SkyArk Services after such notice is posted shall be deemed your acceptance of these T&Cs as modified.
- You also agree to be bound by any application, forum, or game specific rules published within the SkyArk Platforms.
- Your use of the SkyArk Platforms is conditioned upon your compliance with these T&Cs, and any use of the SkyArk Platforms in violation of these T&Cs will be regarded as an infringement of our intellectual property rights in and to the SkyArk Platforms. We reserve the right to terminate your access to the SkyArk Platforms without notice if you violate any of these T&Cs.
- You represent and warrant that (i) you are an individual (not a corporation) and are 18 years old or older (or the relevant age of majority where you live); if you are below the relevant age of majority where you live, you represent that you have obtained the consent of your parent or legal guardian and these T&Cs have been reviewed and agreed by them; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the SkyArk Platforms and are fully responsible for the selection and use of and access to the SkyArk Platforms. These T&Cs are void where prohibited by law, and the right to access the SkyArk Platforms is revoked in such jurisdictions.
CONFLICT OR INCONSISTENCY
- If there is any conflict or inconsistency between any provisions of these T&Cs, the applicable SkyArk Services’ specific T&Cs, and any other terms and conditions as may be agreed between us in writing, the documents shall be construed in the following order of precedence:
- any other terms and conditions as may be agreed between us in writing; and
- these T&Cs.
- In the event such construction fails to resolve the conflict or inconsistency, such conflict or inconsistency will be resolved in SkyArk’s favour.
- For the avoidance of doubt, the most recent published version available on the SkyArk Platforms of the relevant T&Cs, shall be taken to apply in the event of any conflict or inconsistency.
- If there is any conflict or inconsistency between any provisions of these T&Cs, the applicable SkyArk Services’ specific T&Cs, and any other terms and conditions as may be agreed between us in writing, the documents shall be construed in the following order of precedence:
THE SKYARK SERVICES
- The SkyArk Services constitute the SkyArk Platforms and the content, products and services provided by SkyArk through the SkyArk Platforms, as may be amended at SkyArk’s sole discretion from time to time (the “SkyArk Services”). The SkyArk Services include without limitation:
- the SkyArk website (www.skyarkchronicles.com) (the “Website”);
- the SkyArk Chronicles anime role-playing blockchain game (the “Game”);
- the non-fungible tokens (NFTs), Virtual Currencies and Virtual Goods made available through the Game or the SkyArk Platforms, including the SkyArk ($SAR) tokens, the Relic Energy Ore ($REO) tokens;
- the underlying Game’s client software; and
- any other apps, websites, games, products or services that may link to these T&Cs, regardless of how or where you access or use such services, including through mobile devices.
- The SkyArk Services shall also include any services made available through the Game or the SkyArk Platforms, and all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, videos, messages, tags, content, programming, software, application services (including without limitation any mobile application services) or other materials made available by or through us. Any updates, upgrades and new features added to or augmenting the SkyArk Services are also subject to these T&Cs.
- SkyArk reserves the right to change, modify, suspend or discontinue any portion of the SkyArk Services at any time.
- SkyArk reserves the right to refuse to (a) provide you access to the SkyArk Services, or (b) allow you to open a SkyArk Account for any reason whatsoever.
- Subject to your acceptance of and continuing compliance with these T&Cs, SkyArk hereby grants you a revocable, personal, non-commercial, non-exclusive and non-transferable (without right to sublicense) licence to use the SkyArk Services and related software solely in machine executable object code form (excluding source code).
- Unless otherwise agreed by SkyArk, you are only permitted to use the SkyArk Services on your personal device(s) owned by you, or of which you are the primary user, for the sole purpose of performing the functions on the SkyArk Platforms and accessing the SkyArk Services for your personal, non-commercial use, and not for the benefit of any third party, subject to these T&Cs. Unless set out in these T&Cs, no other right, licence or permission is granted to you in relation to the SkyArk Services and your use of the same.
- The SkyArk Services and any portion thereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited or otherwise exploited for commercial purposes without the express consent from SkyArk. Any unauthorised use terminates the licence granted by SkyArk.
- Account and Security
- Some functions of the SkyArk Services require registration for a SkyArk Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that SkyArk, in its sole discretion, finds offensive or inappropriate, SkyArk has the right to suspend or terminate your SkyArk Account.
- You should be responsible for the security of your User ID and password, and it is recommended that you change your password periodically to prevent unauthorised usage or theft of password by third parties.
- Your SkyArk Account is non-transferrable and for your personal use only. You may not authorise any third parties to access or use your SkyArk Account for any purpose whatsoever, or try to transfer your SkyArk Account to any third party in any manner whatsoever.
- You agree to (i) keep your password confidential and use only your User ID and password when logging in, (ii) ensure that you log out from your SkyArk Account at the end of each session, (iii) immediately notify SkyArk of any unauthorised use of your User ID and/or password or any other breach of security or non-compliance with these T&Cs or applicable laws, and (iv) ensure that your SkyArk Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and SkyArk Account even if such activities or uses were not committed by you. SkyArk will not be liable for any loss or damage arising from any unauthorised use of your User ID, password, or SkyArk Account or your failure to comply with these T&Cs.
- You agree that SkyArk may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your SkyArk Account and your User ID. Use of a SkyArk Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you.
- SkyArk shall not be responsible for the security of any and all information transmitted to, from or through the SkyArk Platforms.
- Payments and Refunds
- The fees and charges payable for the SkyArk Services are as set out on the SkyArk Platforms, and may be amended from time to time at SkyArk’s sole discretion. Any such updated fees and charges will apply prospectively to any subscriptions/renewals that take place following the effective date of such updated fees. SkyArk will notify you should such change in fees and charges apply to your subscription. Your continued use of the SkyArk Services (e.g. you do not terminate your SkyArk Account before such effective date) shall be deemed as acceptance of the new fees and charges.
- All subscriptions/renewals shall be non-reversible and non-refundable, regardless of whether they were unauthorised (due to theft or unauthorised usage), transacted without your knowledge or consent, or transacted by mistake.
- You are liable for all charges and payments for all SkyArk Services procured or obtained through the SkyArk Platforms.
- All payments for the SkyArk Services shall be paid:
- without any set-off, condition, or counterclaim;
- net of any tax levied on the provision of the SkyArk Services (save for corporate income tax); and
- free and clear of all deductions or withholdings.
- If any tax is levied, or any deduction or withholding is required, by law in respect of the provision of any SkyArk Services, you shall pay such additional amount as will, after provision for such tax, deduction or withholding has been made, leave SkyArk with the full amount which would have been received by it had no such provision for such tax, deduction or withholding had been required to be made.
- In the absence of fraud or manifest error, all our records relating to the SkyArk Services are conclusive evidence of the accuracy, completeness, and truth of all matters stated in them.
- The SkyArk Platforms engage the use of third party escrow and payment agent(s) to collect the fees and charges payable for our products and services (the “Payment Agent”).
- All SkyArk Users agree to use and allow the Payment Agent to automatically process their credit card in an amount equal to the cost of the subscription/renewal as reflected on the SkyArk Platforms at the time of subscription/renewal, and to remit the relevant fees and charges to SkyArk.
- In the event that there is a failure to process such payments by the Payment Agent and we do not receive any payments or receive incomplete payments, SkyArk shall not be obliged to provide any SkyArk Services to you. In the event that SkyArk notices such incomplete/bounced payments, SkyArk may notify you. However, it is your responsibility as a SkyArk User to contact us at email@example.com should you suspect any issues with the processing of your subscription/renewal.
- In the event of any refund to a SkyArk User, all SkyArk Users hereby authorise the Payment Agent to refund such relevant amounts directly to such SkyArk User’s credit card.
- Should you have any queries pertaining to the fees, charges, payments, tips, or refunds, you may contact us at firstname.lastname@example.org
- Network Access and DevicesYou are responsible for obtaining the data network access necessary to use the SkyArk Platforms. You are responsible for all internet access charges. Please check with your internet service provider for information on possible internet data usage charges. Your mobile network’s data rates and fees may apply if you access or use the SkyArk Platforms from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the SkyArk Services and any updates thereto. SkyArk does not guarantee that the SkyArk Services, or any portion thereof, will function on any particular hardware or devices. In addition, the SkyArk Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
- Ownership of Intellectual Propert
- Unless otherwise specified in writing, all materials that are part of the SkyArk Platforms (including without limitation any animations, artwork, audio-visual effects, catch phrases, character names, character profile information, characters, computer code, concepts, dialogue, documentation, game titles, games, graphics, illustrations, images, methods of operation, moral rights, musical compositions, objects, photographs, sounds, stories, text and themes) are owned, controlled or licensed by us and are protected by law from unauthorised use. All contents of the SkyArk Platforms are protected by international copyright laws. “SkyArk Chronicles” and all names and logos of the SkyArk Platforms or games published by us are trademarks owned by us and may not be used without our express written consent. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the SkyArk Platforms. All trademarks not owned by us that appear in the SkyArk Platforms are their respective owners’ property, who may or may not be affiliated with, connected to, or sponsored by us.
- You do not acquire any of our ownership rights by using the SkyArk Platforms, downloading material from or uploading material to the SkyArk Platforms, or by purchasing any virtual goods therein.
- You shall comply with all trademark rules, copyright notices, information and restrictions contained in any content accessed through the SkyArk Platforms. You agree not to broadcast, copy, create derivative works based on, display, license, modify, participate in the transfer or sale of, perform, publish, redistribute, reproduce, translate, transmit, upload or otherwise exploit for any purposes whatsoever any content or material from the SkyArk Platforms, except as expressly permitted herein, without our express prior written consent.
- Virtual Currencies and Goods
- The SkyArk Platforms may include virtual, in-game currencies (“Virtual Currencies”) including, but not limited to cash, tokens, chips, coins or points, that may be purchased from us for “real world” money if you are a legal adult in your jurisdiction. The SkyArk Platforms may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from us for “real world” money or for Virtual Currencies.
- You understand, acknowledge and agree that the Virtual Currencies may function as cryptocurrencies in that they are issued on a blockchain and may be listed on centralised or decentralised exchanges. The market value of cryptocurrencies (and therefore the potential market value of the Virtual Currencies) may go up or down, and they may not have market value. You should expect fluctuations, both up and down, in the market value (if any) of Virtual Currencies that you purchase, if any, and such fluctuations may be extremely volatile, including price crashes (including to zero value) that may occur in the event of political or economic crises that cause a large-scale sell-off of Virtual currencies. In addition, there may not be a market for resale of Virtual Currencies or exchanging Virtual Currencies for fiat currencies and SkyArk cannot and does not guarantee market liquidity for Virtual Currencies or the ability to exchange Virtual Currencies for fiat currencies by purchasers of Virtual Currencies. By purchasing the Virtual Currencies, you agree that you have carefully considered these risks and accepted the same.
- Purchase Limitations
- Not all persons are permitted to participate in the purchase of the Virtual Currencies. Please also be aware of the rules and regulations of the country in which you reside, of which you are a citizen, or in which you have tax residency, as such country or territory may not permit you to invest in cryptocurrencies of any kind and/or particularly the initial coin offerings of cryptocurrencies.
- The Virtual Currencies are only intended for sophisticated purchasers who are knowledgeable and experienced in cryptocurrencies and blockchain technologies and protocols. By purchasing, holding, or using the Virtual Currencies, you acknowledge that transactions using cryptocurrencies (including cryptographic tokens) may be inherently unstable and you agree to accept all risks in connection therewith, and agree that SkyArk is not liable for any loss that you may suffer or incur, and further acknowledge, accept and assume the risks discussed in these T&Cs.
- The Virtual Currencies are intended to be marketed, offered and sold to persons only in those jurisdictions and to those persons where and to whom they lawfully may be offered for sale and for use (but excluding any prohibited jurisdiction, as further described in clauses 4.10(c)(vii) and 4.10(c)(viii) below) (the “Permitted Jurisdictions”).
- The marketing, issuance, offering and sale of the Virtual Currencies is expressly being made in the Permitted Jurisdictions on the basis that the Virtual Currencies do not constitute a security, financial instrument or other regulated investment or financial product in those jurisdictions such that a prospectus or other disclosure requirements and other investor safeguards and regulatory documents or licensing that are typically required in connection with a securities offering will not apply to the marketing, issuance, offering and sale of the Virtual Currencies in the Permitted Jurisdictions. SkyArk is not licensed, registered or otherwise regulated in the Permitted Jurisdictions in relation to the marketing, issuance, offering and sale of the Virtual Currencies.
- The Virtual Currencies do not represent a stock, commodity or any other investment instrument. The Virtual Currencies are not securities and shall not in any case be considered as such and the offer of the Virtual Currencies has not been registered with any government entity or regulatory authority. You acknowledge and agree that the Virtual Currencies do not represent any share, stake, debt or security or equivalent rights in SkyArk. Holders of the Virtual Currencies are only entitled to a limited and functional right to use them: (A) in connection with the SkyArk Platforms if they are successfully developed and/or operated in accordance with these T&Cs; and (B) in the event SkyArk permits the Virtual Currencies to be used as in-service crypto-currency for third party websites, platforms, services or networks, as set forth and in accordance with the policies of such third party websites, platforms, services or networks.
- SkyArk reserves the right to cancel any purchase of the Virtual Currencies at any time in SkyArk’s sole discretion and without prior notice and without any liability or further obligation of any kind whatsoever to you or any other party, in the event SkyArk finds such measures reasonable and/or necessary in a particular situation, including, but not limited to, change of regulatory requirements, or upon suspicion or detection that you do not primarily reside or are not domiciled in a Permitted Jurisdiction or are engaged in fraud.
Prohibited Jurisdictions, Entities, and Citizens/Nationals
- Certain jurisdictions expressly prohibit or restrict the offer, sale and/or purchase of cryptocurrencies and/or cryptographic tokens, while other jurisdictions may require SkyArk and/or the Virtual Currencies to be licensed, registered, authorised or otherwise regulated. Some other jurisdictions have or may have been excluded from the sale of the Virtual Currencies for other reasons, as determined by SkyArk in its sole discretion (each such territory, a “Prohibited Jurisdiction”).
- The Virtual Currencies may not be marketed, offered or sold directly or indirectly to any residents in or citizens/nationals of the Prohibited Jurisdictions and these T&Cs may not be supplied to any residents in or citizens/nationals of the Prohibited Jurisdictions, or used in connection with the offer or sale of the Virtual Currencies to residents in or citizens/nationals of the Prohibited Jurisdictions. The information contained in these T&Cs will not constitute an offer to sell or an invitation, advertisement or solicitation of an offer to buy any Virtual Currencies within a Prohibited Jurisdiction. For the avoidance of doubt, the list of Prohibited Jurisdictions may be changed from time to time, irrespective of the awareness of SkyArk and relevant amendments may be made to these T&Cs. You are only permitted to use the Website and purchase the Virtual Currencies if your primary residence or domicile is not in one of the Prohibited Jurisdictions.
- To the extent a resident from a Prohibited Jurisdiction attempts to enter into these T&Cs, such purported participation is void and of no force or effect.
- Persons under the age of 18 are not permitted to participate in the sale of the Virtual Currencies.
- You acknowledge that your purchase of the Virtual Currencies or Virtual Goods is final and is not refundable, exchangeable or transferable, in particular when we cease making the SkyArk Platforms available, whether such action is taken at our sole discretion or due to unforeseen events.
- The price to be paid by you is the price indicated on the Website or within the SkyArk Platforms. When you purchase a licence to use our Virtual Currencies or Virtual Goods, or purchase a subscription to use the SkyArk Platforms, you agree to pay the applicable taxes that we or our agent assesses on your purchase. If you reside in Europe, the price includes any applicable VAT. We reserve the right to amend the price and specifications shown in relation to any SkyArk Platforms, any subscription, Virtual Currencies and Virtual Goods. Where applicable, we will also state the period for which the relevant offer or price remains valid. If you decide not to complete a purchase, you should, if enabled by your device’s operating system, select “no” or close the window that requests your confirmation. Otherwise, to the extent the operating system, distributor and other factors permit, we may be able to provide you with a credit against your future purchases; we do not offer any returns or cancellations of purchases.
- You may only use the services of any billing and payment provider identified on the applicable website or in the applicable SkyArk Platform to pay for the Virtual Currencies. Until the billing and payment provider has authorised the use of your credit card or other applicable method for payment, we will not supply any products or services to you. You will be bound by such third party provider’s terms and conditions when using the billing and payment provider’s services. You may be required to create an account with the billing and payment provider, and to provide that provider with your bank account or credit or debit card details. Costs, specifically data charges and related tariffs, associated with accessing and using the SkyArk Platforms depends on your internet service provider and/or wireless carrier. Please refer to your provider’s terms and conditions for details.
- We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currencies and/or Virtual Goods as we see fit in our sole discretion, and we are not liable to you or anyone for the exercise of such rights. Prices and availability of Virtual Goods are subject to change without notice to you and we are not liable to you or any third party for the exercise of such rights.
- User Generated Content
- The SkyArk Platforms may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us and/or to or via the SkyArk Platforms, including, without limitation, comments, data, graphics, images, personal information, photographs, sounds, suggestions, text, writings or other material (collectively “User Content”). Any material you transmit to us will be treated as non-confidential and non-proprietary. We cannot guarantee that other SkyArk Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the SkyArk Platforms. We shall not be responsible for evaluating, using or compensating you for any ideas or information that you may choose to submit.
- If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the SkyArk Platforms you understand and agree that we (i) have no obligation to keep your Submissions confidential; (ii) have no obligation to return your Submissions or respond in any way; and (iii) may use your Submissions for any purpose in any way without notice or compensation to you. We are not responsible for any SkyArk User’s misuse or misappropriation of any content or information you post in any forums, blogs and chat rooms.
- You are solely responsible for the information that you post on, through or in connection with the SkyArk Platforms and that you provide to others. You represent and warrant that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licences in these T&Cs without us incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
- By submitting or transmitting any User Content while using the SkyArk Platforms, you affirm, represent and warrant that such submission or transmission is (i) accurate and not confidential; (ii) free of viruses, adware, spyware, worms or other malicious code; and (iii) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property are in the User Content.
- You grant to us the unrestricted, unconditional, unlimited, worldwide, irrevocable, transferable, perpetual fully-paid up and royalty-free, non-exclusive and unlimited right and licence to adapt, archive, broadcast, cache copy, commercialize, create derivative works of, disclose, distribute, enter into computer memory, excerpt, fix, host, improve, introduce into circulation, lease, manufacture, modify, publicly display, publicly perform, publish, re-format, re-title, rent, reproduce, resell, sell, store, sublicense, transfer, translate, transmit, use, or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats, on or through any and all media, software, formula or medium now known or hereafter known or discovered, and with any technology or devices now known or hereafter developed and to advertise, market and promote the same.
- To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
- The licence you grant us to use your User Content terminates when you remove or delete your User Content or you close your SkyArk Account, unless your User Content has been shared with others, and they have not removed or deleted it. However, you understand and accept that any removed or deleted content may remain in back-up copies for a reasonable period of time.
- We have no obligation to monitor any User Content or enforce any intellectual property rights that may be associated with your User Content, but we are entitled to enforce such rights through any means as we deem fit, including taking and controlling actions on your behalf.We reserve the right to limit the storage capacity of the User Content that you post on, through or in connection with the SkyArk Platforms.
- We have no obligation to accept, display, review, monitor or maintain any User Content. If we choose at any time, in our sole discretion, to monitor the SkyArk Platforms, we have the right, in our sole discretion, to remove or delete User Content from the SkyArk Platforms without notice to you for whatever reason at any time. By entering into these T&Cs, you hereby provide your irrevocable consent to such monitoring and recording. We may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that we reserve the right to treat User Content as content stored at the direction of users for which we will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set out in clause 4.13(c) below when violations are brought to our attention.
- You acknowledge that you do not rely on us to monitor or edit the SkyArk Platforms and that the SkyArk Platforms may have content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
- You also understand that we cannot guarantee (i) the identity of any other SkyArk Users with whom you may interact in the course of using the SkyArk Platforms; and (ii) the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the SkyArk Platforms is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
- Posting on Other Websites
- Subject to these T&Cs, we agree to grant you a limited, revocable, non-exclusive, non-transferable licence to post an image of your personal avatar and/or screen shot from your SkyArk Account within the SkyArk Platforms and any other materials that we specifically authorise in writing may be posted, for non-commercial purposes only, on other websites, on your own personal website or on a third party website that permits posting of content at the direction of users, provided that such third party website (i) is not our commercial competitor, (ii) does not criticize, or take other actions that could reasonably expected to result in harm to, us, (iii) does not obtain any rights to such posted content other than a non-exclusive licence to post it at your direction, (iv) does not charge for access to such posted content and does not associate products, services or advertising with such posted content, and (v) together with all website to which it links, complies with all applicable laws, and does not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other rights of any kind of any third party or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable contents, information, topic, name or other material (an “Authorised Website”). All of our rights and remedies are expressly reserved, and we may revoke this limited licence, in whole or in part, upon notice.
- Without limitation to the generality of clause 4.12(a), the following terms and conditions apply to your posting of a copy of your avatar and/or screen shots on an Authorised Website:
- You must display a prominent link to the Website’s homepage in connection with any of your use of the content or material permitted hereunder, including, without limitation, in e-mails you are sending friends.
- You must display the statement “Copyright SkyArk Chronicles Holdings Pte. Ltd. All Rights Reserved. Used With Permission.” on every page on which the posting appears.
- You agree to include, and not remove or alter, our trademark, copyright, intellectual property rights or other proprietary rights notices, as provided by us on the SkyArk Platforms and within e-mail page(s), when displaying an avatar or images from our SkyArk Platforms, and you agree to comply with usage guidelines that may be provided by us from time to time. You agree that all goodwill that arises in connection with your use of our trademarks inures exclusively to us, and you agree not to challenge our ownership or control of any of our trademarks, nor use or adopt any trademarks that might be confusingly similar to such of our trademarks
- Usage Rules
- As a condition of your use of and access to the SkyArk Platforms, you agree to comply with these Usage Rules, which are provided as an example rather than as a limitation, and any application or game specific rules published within the SkyArk Platforms. These Usage Rules are not meant to be exhaustive, and it is at our sole discretion to determine what conduct it considers to be a violation of these T&Cs or improper use of the SkyArk Platforms and to take action up to and including termination of your SkyArk Account and exclusion from further participation in the SkyArk Platforms. We may also post additional rules that apply to your conduct during your use of and access to the SkyArk Platforms.
- Any use of the SkyArk Platforms in violation of these Usage Rules, as determined by us in our sole discretion, is strictly prohibited, and can result in the immediate revocation of your limited licence granted under clause 4.5, and you may be liable for violations of law. Any attempt by you to disrupt or interfere with the SkyArk Platforms, including undermining or manipulating the legitimate operation of any of the SkyArk Platforms is a violation of our policy and may constitute a violation of criminal and civil laws.
- You agree that your use of and conduct on the SkyArk Platforms shall be lawful and your User Content will not:
- include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
- include any offensive comments that are connected to gender, national origin, physical handicap race or sexual preference; hate speech is strictly not tolerated;
- promote violence or describe how to perform a violent act;
- abuse defame, disparage, embarrass, harass, intimidate, libel, mock, ridicule, spam, threaten or do anything else to anyone that is unwanted;
- violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
- be in violation of these T&Cs or the SkyArk Platforms’ rules of conduct,
(collectively “User Content Restrictions”).
- You also agree that you will not, under any circumstances:
- use abusive, offensive, or defamatory screen names and/or personas;
- engage in cheating or any other activity deemed by us to be in conflict with the spirit or intent of the SkyArk Platforms, including but not limited to circumventing or manipulating these T&Cs, our game rules, game mechanics or policies;
- make improper use of our support services or submit false reports of abuse or misconduct;
- use the SkyArk Platforms, intentionally or unintentionally, in connection with any violation of these T&Cs or any applicable law, rule or regulation or any other requirements or restrictions posted by us on the SkyArk Platforms, or do anything that promotes the violation of the above;
- Cheating and Hacking
- promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or Virtual Goods or Virtual Currencies;
- attempt to impersonate any other person, indicate falsely that you are our employee or representative, or attempt to mislead users by indicating that you represent us or any of our partners or affiliates;
- trick, defraud or mislead us or other SkyArk Users, especially in any attempt to learn sensitive account information such as passwords;
- create SkyArk Accounts by automated means or under false pretences or mislead others as to the origins of your communications;
- use any game cheating/hacking/altering software or tools;
- except as may be the result of standard search engine or web browser usage, use or launch, develop or distribute any automated system, including, without limitation, any cheat utility, robot (or “bot”), spider, scraper or offline reader that accesses the SkyArk Platforms, or use or launch any unauthorised script or other software;
- block or obscure any notice, banner or advertisement on the SkyArk Platforms;
- disguise the source of your User Content or other information you submit to the SkyArk Platforms or use tools which anonymise your internet protocol address (e.g. anonymous proxy) to access the SkyArk Platforms;
- disrupt, overburden, or aid or assist in the disruption or overburdening of (i) any computer or server used to offer or support the SkyArk Platforms or any of our game environment (each a “Server”); or (ii) the enjoyment of the SkyArk Platforms or any of our games by any other person;
- upload any software or content that you do not own or have permission to freely distribute;
- Commercial Activity
- sell the SkyArk Platforms or any part thereof including but not limited to Virtual Goods or Virtual Currencies, SkyArk Accounts and access to them in exchange for real currency or items of monetary value;
- post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums;
- engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
- post messages for any purpose other than personal communication, or transmit unauthorised communications through the SkyArk Platforms, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities;
- Unauthorised Use or Connection to the SkyArk Platforms
- upload, disseminate or transmit (or attempt to upload, disseminate, or transmit) adware, bombs, cancelbots, corrupted data, keyboard loggers, time spyware, Trojan horses, viruses, worms or any other malicious or invasive code or program or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any person’s uninterrupted use and enjoyment of the SkyArk Platforms and User Content or alters, disrupts, impairs, interferes with or modifies the use, features, functions, operation or maintenance of the SkyArk Platforms or the User Content;
- decompile, reverse assemble, reverse engineer, modify or attempt to discover any software (source code or object code) that the SkyArk Platforms create to generate web pages or any software or other products or processes accessible through the SkyArk Platforms;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the SkyArk Platforms;
- interfere or attempt to interfere with the proper functioning of the SkyArk Platforms or connect to or use the SkyArk Platforms in any way not expressly permitted by these T&Cs;
- attempt to gain unauthorised access to the SkyArk Platforms, other party’s registered accounts or to the computers, Servers, or networks connected to the SkyArk Platforms by any means other than the user interface provided by us, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the SkyArk Platforms;
- interfere with or circumvent any security feature of the SkyArk Platforms or any feature that restricts or enforces limitations on use of or access to the SkyArk Platforms or User Content;
- make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- bypass any robot exclusion headers or other measures we employ to restrict access to the SkyArk Platforms or use any software, technology, or device to send content or messages, scrape, spider, or crawl the SkyArk Platforms, or harvest or manipulate data;
- use any unauthorised third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the SkyArk Platforms or that is in transit from or to the SkyArk Platforms, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the SkyArk Platforms to store information about our game characters, elements, or environment; we may, at our sole and absolute discretion, allow the use of certain third party user interfaces;
- copy, modify or distribute rights or content from any of our sites or games, or our copyrights or trademarks or use any method to copy or distribute the content of the SkyArk Platforms except as specifically allowed in these T&Cs;
- use, facilitate, create, or maintain any unauthorised connection to the SkyArk Platforms, including without limitation (i) any connection to any unauthorised server that emulates, or attempts to emulate any part of the SkyArk Platforms; or (ii) any connection using programs, tools, or software not expressly approved by us;
- intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the SkyArk Platforms, whether through the use of a network analyzer, packet sniffer or other device;
- Collection and Publication of Personal Information
- collect or reveal through the SkyArk Platforms any personal information (whether in text, image or video form) about another individual, including another person’s address, phone number, e-mail address, credit card number, financial information or any information that may be used to track, contact or impersonate that individual;
- solicit or attempt to solicit personal information from other SkyArk Users; or
- (xxxiv)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”, “passive collection mechanisms” or “pcms”).
- As we do not control or endorse the content, messages or information found in User Content portions of the SkyArk Platforms or external sites that may be linked to or from the games or their forums, we specifically disclaim any responsibility with regard thereto. However, we reserve the right to access and/or record any online activity during your use of and access to the SkyArk Platforms and you hereby consent to our access and record of your activities. We also reserve the right to remove any of the User Content at our sole discretion.
- Should you wish to terminate your subscription and/or delete your SkyArk Account, please contact us at email@example.com. We endeavour to reply to all queries within [3-5] Business Days. You will receive a confirmation notice stating your subscription expiration date/account deletion date. No refunds will be made in the event of termination by any SkyArk User.
- In the event that there has been a breach of these T&Cs, or any illegal or inappropriate use of the SkyArk Services, SkyArk reserves the right to, without warning, suspend service or disable your SkyArk Account. To the extent permissible under the applicable law, SkyArk will not bear any responsibility for any resultant damages from such suspension, change of User ID and password, or disabling of your SkyArk Account(s).
- SkyArk reserves the right to retain full custody of any funds and personal data which may be turned over to governmental authorities in the event that your SkyArk Account is suspended/terminated arising from suspected to be/pending investigations in connection with illegal activities.
- The SkyArk Services constitute the SkyArk Platforms and the content, products and services provided by SkyArk through the SkyArk Platforms, as may be amended at SkyArk’s sole discretion from time to time (the “SkyArk Services”). The SkyArk Services include without limitation:
SKYARK USERS’ OBLIGATIONS
- As a SkyArk User, you are to use all SkyArk Services strictly for personal and non-commercial purposes only.
- You represent and warrant that:
- all information provided to SkyArk are true, accurate and not misleading in any way;
- you have all requisite legal right and power, to subscribe for and/or use the SkyArk Services;
- you have all necessary and relevant experience and knowledge to interact or transact with cryptocurrencies, cryptographic tokens, the SkyArk Platforms and blockchain-based systems, have a full understanding of the relevant frameworks of the foregoing, and have obtained sufficient information about SkyArk, the SkyArk Platforms and the Virtual Currencies to enter these T&Cs, and in particular you have carefully and thoroughly read these T&Cs; and
- you are aware of all the merits, risks and any restrictions associated with cryptocurrencies, cryptographic tokens, blockchain-based systems, and accept responsibility for evaluating purchasing or using the foregoing.
- You understand and acknowledge that:
- it is possible that due to a number of reasons outside of SkyArk’s control, including but not limited to, changes in regulatory or intellectual property law, technological advancements, decreases in token or cryptocurrency or cryptographic token utility, social or economic reforms, the failure of commercial relationships, or the malfunction, breakdown or abandonment of SkyArk, blockchain-based technology and other related technologies may dissolve, disappear, be abandoned or otherwise no longer operate, or operate with material impairments;
- the market value of cryptocurrencies (and, therefore, the potential market value of the Virtual Currencies) may go up or down, and the market value of cryptocurrencies have demonstrated extreme volatility. Any cryptographic tokens may not have market value. You should expect fluctuations, both down and up, in the market value (if any) of the Virtual Currencies that you purchase, if any, and such fluctuations may be extremely volatile, including price crashes (including to zero value) that may occur in the event of political or economic crises that cause a large-scale sell-off of the Virtual Currencies. In addition, there may not be a market for resale of the Virtual Currencies or exchanging the Virtual Currencies for fiat currencies, and SkyArk cannot and does not guarantee market liquidity for the Virtual Currencies or the ability to exchange the Virtual Currencies for fiat currencies by purchasers of the Virtual Currencies. In the event that the Virtual Currencies are listed on an exchange or may be transferred through other means in accordance with applicable law, the potential market value of the Virtual Currencies may be subject to drastic fluctuations and extreme volatility. Therefore, the price at which you purchase the Virtual Currencies may not represent an accurate valuation of the Virtual Currencies. Further, there is no guarantee of market liquidity for the Virtual Currencies or the ability to exchange the Virtual Currencies for equal value in fiat currency; and
- the Virtual Currencies are a new issue of cryptographic tokens for which there is no established public market, and an active trading market may not develop. Although SkyArk hopes eventually to list the Virtual Currencies on a cryptocurrency exchange, there can be no assurance that such exchanges will accept the Virtual Currencies for listing or maintain the listing if it is accepted. There also can be no assurance that a secondary market will develop or, if a secondary market does develop, that it will be a liquid market or that it will continue for the life of the Virtual Currencies. The liquidity of any market for the Virtual Currencies will depend on a number of factors, including: (i) the number of holders of the Virtual Currencies; (ii) SkyArk’s performance and financial condition; (iii) the development and performance of the SkyArk Platforms; (iv) the market for similar cryptographic tokens; (v) the interest of traders in making a market for the Virtual Currencies; (vi) the interest of financial institutions and other enterprises in utilising the Virtual Currencies; (vii) regulatory developments in the cryptographic token or cryptocurrency industries; and (viii) legal restrictions on transferring or selling the Virtual Currencies. The cryptographic token market is a new and rapidly developing market which may be subject to substantial and unpredictable disruptions that cause significant volatility in the prices of cryptographic tokens. There can be no assurance that the market, if any, for the Virtual Currencies will be free from such disruptions or that any such disruptions may not adversely affect your ability to sell your Virtual Currencies. Therefore, there is no assurance that you will be able to sell your Virtual Currencies at a particular time, or that the price received upon a sale, if any, will be favourable.
DISPUTES WITH OTHER SKYARK USERS
You are solely responsible for your interaction with other SkyArk Users and other parties that you come in contact with through the SkyArk Platforms. We hereby disclaim any and all liability to you or any third party relating to your use of the SkyArk Platforms. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other SkyArk Users. If you have a dispute with other users or other parties, you agree to release us and indemnify us from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
- WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU.YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER OR DUTY TO TAKE ANY ACTION REGARDING: WHICH SKYARK USERS GAIN ACCESS TO THE SKYARK PLATFORMS; WHAT CONTENT YOU ACCESS THROUGH THE SKYARK PLATFORMS; HOW YOU MAY INTERPRET, USE OR BE AFFECTED BY THE SKYARK PLATFORMS OR THE CONTENT ACCESSED THEREIN; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE SKYARK PLATFORMS. YOU HEREBY RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED ANY CONTENT THROUGH THE SOFTWARE. THE SKYARK PLATFORMS MAY CONTAIN, OR DIRECT YOU TO WEBSITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SKYARK PLATFORMS, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SKYARK PLATFORMS.
- TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SKYARK PLATFORMS IS AT YOUR SOLE RISK. THE SKYARK PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE ARE NOT LIABLE FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. WE PROVIDE THE SKYARK PLATFORMS ON A COMMERCIALLY REASONABLE BASIS AND DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SKYARK PLATFORMS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SKYARK PLATFORMS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “OUR PARTIES”) WARRANT THAT THE SKYARK PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE.
- IN ADDITION, SKYARK MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SKYARK PLATFORMS OR ANY CONTENT, SERVICES OR GOODS LINKED THROUGH THE USE OF THE SKYARK PLATFORMS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SKYARK SERVICES, AND ANY CONTENT, SERVICE OR GOOD OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- YOU UNDERSTAND AND EXPRESSLY AGREE THAT SKYARK DOES NOT REPRESENT, WARRANT OR GUARANTEE IN ANY WAY THAT THE VIRTUAL CURRENCIES MIGHT BE SOLD OR TRANSFERRED, OR BE SALEABLE OR TRANSFERABLE, OR THERE IS AN ABILITY OR WILL BE A PLATFORM TO EXCHANGE THE VIRTUAL CURRENCIES FOR FIAT CURRENCIES, CRYPTOCURRENCIES OR CRYPTOGRAPHIC TOKENS, DURING OR AFTER THE SALE OF THE VIRTUAL CURRENCIES. SKYARK FURTHER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE REGULATORY OVERSIGHT OR THE USE OR SECURITY OF ANY SUCH EXCHANGE.
- Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO THE SUBJECT MATTER OF THESE T&CS AND THE USE OF, OR INABILITY TO USE, THE SKYARK PLATFORMS AND YOUR PURCHASE OF, OR YOUR USE OF, THE VIRTUAL CURRENCIES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY AND THAT OUR PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SKYARK PLATFORMS OR YOUR PURCHASE OF, OR YOUR USE OF, THE VIRTUAL CURRENCIES.
- YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT OUR PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OUR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER SKYARK USERS AND OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF THE SKYARK PLATFORMS AND EXTERNAL WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE NINETY DAYS (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS IN SUCH PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SKYARK PLATFORMS AND TO CANCEL YOUR SKYARK ACCOUNT.
- WHILE WE USE COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, WE ASSUME NO LIABILITY FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOOD OR SERVICES, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, AND ANY MATTER BEYOND OUR REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION ANY DAMAGE YOU MAY SUFFER BY USING THE SKYARK PLATFORMS WHILE OPERATING A MOTOR VEHICLE, IN VIOLATION OF THESE T&CS, ACTS OF GOD, WARS, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRES, EARTHQUAKES, STORMS, TYPHOONS, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, LOCKOUTS OR LABOUR DISPUTES, EPIDEMICS, GOVERNMENTAL RESTRICTIONS, BREAKDOWNS IN ELECTRONIC AND COMPUTER INFORMATION AND COMMUNICATIONS SYSTEMS, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOUR OR MATERIALS), WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING THE SKYARK PLATFORMS, CONTENT, SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.
- SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, OUR PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPICABLE LAW IN SUCH JURISDICTIONS. IN PARTICULAR, NOTHING IN THESE T&CS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY OUR NEGLIGENCE OR FRAUD. WE ALSO DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH US AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- You agree to indemnify and hold Our Parties, their licensors, contractors, vendors, and content providers harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of your use or misuse of the SkyArk Platforms, your violation of any term, condition, obligation, representation or warranty in these T&Cs for which you are responsible, in connection with your distribution of any User Content on or through the SkyArk Platforms, or your infringement of any intellectual property or other rights of any person or entity. Without limiting the generality of the foregoing, you agree to indemnify and hold Our Parties harmless for any improper or illegal use of your SkyArk Account, including the illegal or improper use of your SkyArk Account by someone to whom you have given permission to use. You agree that you will be personally responsible for your use of the SkyArk Platforms and for all of your communication and activity on or through the SkyArk Platforms, including any User Content you contribute, and that you will indemnify and hold harmless Our Parties from any liability or damages arising from your conduct on the SkyArk Platforms, including any User Content that you contribute.
- We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You acknowledge and agree that the provisions in this clause 7.3 shall survive any termination of your SkyArk Account, the SkyArk Platforms or these T&Cs.
THIRD PARTY SERVICES AND WEBSITES
- The SkyArk Platforms may contain links to third party services or websites that we do not own or control. When you access third party services or websites, you do so at your own risk. We have no control over, and are not responsible for, the content, accuracy, privacy policies, or practices of or opinions expressed in any such third party services or websites, and we will not and cannot monitor, verify, censor or edit the content of any third party services or websites. You hereby represent and warrant that, in addition to your obligations under these T&Cs, you have read and agreed to be bound by all applicable agreements and/or policies of any third party services or websites relating to your use of the SkyArk Platforms and that you will act in accordance with them.
- By using and accessing to the SkyArk Platforms, you expressly release us and hold us harmless from any and all liability arising from your use of any third party services or websites. You are solely responsible for your dealings with organisations and/or individuals found on or through the SkyArk Platforms, including delivery and payments of goods or SkyArk Platforms, and any other terms, conditions, warranties or representations associated with such dealings. You hereby acknowledge that we shall not be responsible or liable for any loss or damage incurred as a result of any such dealings, and we have no obligation to be involved in any disputes between you and such third party. You further acknowledge that if you have a dispute with other SkyArk Users, you shall release us, our officers, directors, employees, agents, and successors in rights from damages (actual and consequential), claims and demands of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.
- We operate and control the SkyArk Platforms from our offices in Singapore. We make no representation that the SkyArk Platforms are appropriate or available in other locations. The information provided through the SkyArk Platforms is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be prohibited by law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the SkyArk Platforms 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.
- These T&Cs are effective until terminated by either you or us. You may terminate these T&Cs by destroying all SkyArk Platforms-related materials obtained from the SkyArk Platforms, us or any other website or source. The rights granted to you under these T&Cs will terminate immediately and automatically without notice from us if, in our sole discretion, you fail to comply with any term or provision of these T&Cs.
- Your use of the SkyArk Platforms includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into in or through the SkyArk Platforms.
- Suspension, Alteration or Abolishment of the SkyArk Services
- SkyArk reserves the right to suspend, discontinue, alter or abolish part of or the entirety of the SkyArk Services or to modify the SkyArk Platforms’ content in any way and at any time without liability at its sole discretion, with or without notice to you.
- We may also impose limitations on certain features and services or restrict your access to portions or all of the SkyArk Platforms without notice or liability.
- AssignmentSkyArk shall be entitled to assign or transfer, whether absolutely, by way of security or otherwise, all or any part of its rights or obligations under these T&Cs (including any document incorporated by way of reference to them) without the prior consent of a SkyArk User.
- All notices, demands or other communications made by SkyArk to you shall be made in writing and may be delivered through the SkyArk Platforms, by hand, by prepaid registered post, by electronic mail, or through the short messaging system (“SMS”), and shall be deemed to have been duly served (if sent through the internal messaging system, by hand, sent by facsimile, by electronic mail, or by SMS) immediately upon transmission or (if sent via prepaid registered post) on the third Business Day after posting.
- Any notice, demand, or communication by you to SkyArk shall be made in writing and may be delivered through the SkyArk Platforms, by hand, by prepaid registered post, or by electronic mail, but shall be deemed to be duly served only upon actual receipt by SkyArk of such notice, demand, or communication.
- SeveranceIf any provision of these T&Cs is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of these T&Cs, which shall remain valid and enforceable.
- Entire AgreementThese T&Cs, any supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding between you and us, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the SkyArk Platforms, and cannot be changed or modified by you except as we posted on the relevant website.
- Third Party RightsA person who is not a party to these T&Cs shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of the Republic Singapore or otherwise to enforce any of its terms.
- Governing Law and Jurisdiction
- These T&Cs and any non-contractual obligations arising out of, or in connection with, these T&Cs shall be governed by, and interpreted in accordance with, Singapore law, excluding any conflicts of law rules or principles that might refer any such matter to the laws of another jurisdiction. Any dispute arising from these T&Cs shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.
- In case of any dispute or claim arising out of or in connection with or under these T&Cs, SkyArk and you shall first seek to resolve the dispute or claim by friendly discussion. If no solution can be arrived at between SkyArk and you for a continuous period of 4 weeks, the non-defaulting party may proceed to commence an action in the courts of the Republic of Singapore.
DEFINITIONS AND INTERPRETATION
In these T&Cs, unless the context otherwise requires, the following words and expressions shall have the following meanings:
“Authorised Website” has the meaning ascribed to it in clause 4.12(a);
“Business Day” means a day other than a Saturday or Sunday or public holiday in Singapore on which banks are open in Singapore for general commercial business;
“Content Restrictions” has the meaning ascribed to it in clause 4.13(c);
“Game” has the meaning ascribed to it in clause 4.1(b);
“Our Parties” has the meaning ascribed to it in clause 7.1(b);
“Payment Agent” has the meaning ascribed to it in clause 4.7(g);
“Permitted Jurisdictions” has the meaning ascribed to it in clause 4.10(c)(iii);
“Prohibited Jurisdiction” has the meaning ascribed to it in clause 4.10(c)(vii);
“Server” has the meaning ascribed to it in clause 4.13(d)(xiv);
“SkyArk Account” means the unique user account that users may register for on the SkyArk Platforms in order to utilise the SkyArk Services;
“SkyArk User” has the meaning ascribed to it in clause 1.4;
“SkyArk Services” has the meaning ascribed to it in clause 4.1;
“SMS” has the meaning ascribed to it in clause 9.6(a);
“Submissions” has the meaning ascribed to it in clause 4.11(b);
“Usage Rules” means the usage rules as set out in clause 4.13;
“User Content” has the meaning ascribed to it in clause 4.11(a);
“User ID” has the meaning ascribed to it in clause 4.6(a);
“Virtual Currencies” has the meaning ascribed to it in clause 4.10(a);
“Virtual Goods” has the meaning ascribed to it in clause 4.10(a); and
“Website” has the meaning ascribed to it in clause 4.1(a).
In these T&Cs:
- a reference to a statute or other legislation includes regulations and other instruments under it, as may be amended from time to time;
- references to any agreement or document in these T&Cs shall include references to such agreement or document as from time to time amended or modified;
- references to “days” and “months” in these T&Cs means calendar days/months;
- any reference to the words “hereof”, “herein” and “hereunder” and words of similar import when used in these T&Cs shall refer to the clauses of or schedules to these T&Cs as specified therein;
- the words “include”, “includes” and “including” or words of similar effect are deemed to be followed by the words “without limitation”; and
- the headings in these T&Cs are for convenience only and shall not affect the interpretation and construction hereof.