Terms of Use

 

IF YOU ARE UNDER 18 (OR THE AGE OF MAJORITY REGULATED BY APPLICABLE LAWS WHERE YOU LIVE), YOU AND YOUR PARENT OR GUARDIAN MUST REVIEW THIS AGREEMENT TOGETHER. YOUR PARENTS OR GUARDIANS SHALL READ AND ACCEPT THESE TERMS BEFORE YOU USE OUR SERVICE.

YOUR PARENTS OR GUARDIANS SHALL BE RSPONSBLE FOR YOUR CAPACITY FOR LEGAL TRANSACTIONS TO ACCEPT ALL TERMS IN THIS AGREEMENT AND OUR SERVICE.

 

Introduction

Thank you for using Studio Arm’s service!

These Terms of Use (“Terms”) are entered into by and between Studio Arm and You (as defined below), governing account access and use of products, contents, and services offered by Studio Arm.

PLEASE READ THIS AGREEMENT CAREFULLY, INCLUDING THE PRIVACY POLICY, BEFORE INSTALLING ANY GAME OR USING STUDIO ARM SERVICES. IF YOU DO NOT AGREE TO THIS AGREEMENT OR THE PRIVACY POLICY, PLEASE DO NOT INSTALL OR USE ANY STUDIO ARM SERVICES.

By installing the Game (as defined below) or using Studio Arm Services (as defined below), You fully understand all terms, accept, and agree to be bound by these Terms. We may from time to time modify and update these Terms, and the updated terms shall be deemed effective on the date indicated at the top of these Terms. You are responsible for checking these Terms regularly for changes. If You continue to use Studio Arm Services after the changes to these Terms have come into force, You are signifying acceptance to these new terms, unless there are material changes concerning Your interests, in which case we will notify You in other effective ways for You to decide whether to continue using our services

 

1. Definition

Capitalized terms used but not otherwise defined herein, shall have the meanings ascribed to them below:

1.1 “Content(s)” means any material or element related to Games and Studio Arm Services, including but not limited to the software, technology, text, forum posts, chat posts, Virtual Currency, Virtual Items, profile, graphics, images, pictures, designs, music, sound, video, and all audio-visual materials.

1.2 “Game(s)” means any game software provided or operated by Studio Arm, including all updates, enhancements, patches, upgrades, add-ons, free and/or paid downloadable contents to it, any relevant documentations, packaging, manuals, game data and any other elements which are part of the Game, individually or in combination as well.

1.3 “License” as set forth in Section 3.3.

1.4 “Studio Arm Service(s)” mean any and all services provided by Studio Arm related to Games, including but not limited to the game software, servers, websites, platforms, community channels, forums, social media, online or offline events, and other online or offline services.

1.5 “User Contents” means any derivative works of the Game, including but not limited to livestreaming graphics and videos of the Game, game mod, and other works created by users based on the Game.

1.6 “User-Generated Content” (“UGC”) means any Contents generated by Users, which is not related or based on the Game including feedback, suggestions, comments, ideas, forum posts, profile content, and other Contents that Users provide, publish, or otherwise communicate directly or indirectly to Studio Arm regarding the Studio Arm Services and platforms or the Game, refers to as “UGC” as well .

1.7 “Virtual Currency” means any digital points, coins or currencies in Games that Studio Arm may make available under certain restrictions.

1.8 “Virtual Items” means any and all virtual assets in Games, including but not limited to the game personas, characters, accessories, items, costumes, in-game rewards, power-ups, and in-game experiences.

1.9 “You/Your” means a person who, through any legal means, is authorized by Studio Arm a non-commercial license to install the Games and/or use Studio Arm Services as well, referred to as “User” or “End User”.

 

2. Eligibility

Parents and guardians are responsible for the acts of children under 18 years of age (or the age of majority regulated by applicable laws where you live) when using Studio Arm Services, including but not limited to any payments, damages, and/or liabilities related to the acts of their children. Studio Arm recommends that parents and guardians familiarize themselves with parental controls on devices they provide to their children.

 

3. Licenses

3.1 With the exception of any third-party materials and UGC addressed below, all Contents, Games, Studio Arm Services, User Contents and all title, ownership rights, intellectual property rights, neighbouring rights, and other rights and interests in and to them are solely owned by Studio Arm or its licensors and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.

3.2 You acknowledge that the use of Games or Studio Arm Services may require the feature supporting of certain third-party software and/or website, and that will be Your own responsibility to comply with the terms and conditions required by such third-party software and/or website.

3.3 Upon Your agreement to comply with all provisions in these Terms, Studio Arm grants You a personal, limited, non-exclusive, non-commercial, non-transferable, non-sublicensable, non-assignable and fully revocable license (“License”) to use the Games and Studio Arm Services. You acknowledge that the rights aforementioned are licensed, not sold, to You. To any usage of Studio Arm Services and Contents beyond the License, including for any commercial purposes, You shall obtain a separate consent from Studio Arm.

3.4 Except as permitted by these Terms, You shall not:

(1) Reverse engineer, translate, adapt, disassemble, decompile, or reduce to any form any Game or Services in whole or in part;

(2) Copy, reproduce, modify, translate, distribute, transmit, publish, perform, display, or communicate through internet any Studio Arm Services, Games, Contents in whole or in part;

(3) Sell, sub-license, rent, grant a security interest in any Studio Arm Services, Games, Contents in whole or in part; and/or

(4) Conduct any other act prohibited by applicable laws and regulations of Your country of residence to Studio Arm Services, Games, or Contents.

3.5 Any title, rights, and interests (including but not limited to the ownership, intellectual property rights, and proprietary rights) in Games, Contents, and Studio Arm Services not expressly granted herein are retained and reserved by Studio Arm and/or its licensor.

3.6 To ensure the security and to maintain features of Games and Studio Arm Services, Studio Arm may update the whole or part of relevant software from time to time. You agree and acknowledge that it is Your own responsibility to determine whether Your device is compatible with Studio Arm Services and Games.

 

4. Virtual Items and Virtual Currency

4.1 You acknowledge that when obtaining any Virtual Currency or Virtual Items, You receive a personal, limited, non-exclusive, non-commercial, non-transferable, non-sublicensable, and revocable license to use them in Games or Studio Arm Services. You do not have any real-world property rights to the Virtual Items and Virtual Currency and no ownership interest in them is transferred to You, and they have no monetary value and have no value outside of Games and Studio Arm Services.

4.2 Any Virtual Items with specific expiration date shall be used within the time limit. Studio Arm reverses the right to void and invalidate such Virtual Items, without any notice, after the expiration date of it, no matter such Virtual Items are used or not.

4.3 Virtual Currency and Virtual Items cannot be sold, traded, transferred, or exchanged for real money, and are not refundable unless otherwise required by laws or policies of Your country. Once You redeem Virtual Currency for any Virtual Item, such Virtual Item is not returnable, exchangeable, or refundable, and You are not entitled to a refund for that used Virtual Currency.

4.4 To keep the normal update and operation of the Game and Studio Arm Services, maintain a fair environment in the Game, and for other purposes, Studio Arm may change the value, price, or characteristics of the Virtual Currency and Virtual Items, or the conditions to obtain them, in its sole discretion and without notice, at any time before the dispatch of such Virtual Currency or Virtual Items. Studio Arm shall have no liability to You or anyone else for these actions.

4.5 Certain maximums may apply to purchases of Virtual Currency, depending on Your age or transaction method according to local laws or policies of the country where You work or live. Studio Arm reserves the right to change the maximum amount applicable to Virtual Currency purchases at any time without notice, in order to accommodate to the requirements of the applicable law.

4.6 YOU UNDERSTAND AND AGREE THAT STUDIO ARM WILL NOT OFFER REFUNDS FOR VIRTUAL CURRENCY OR VIRTUAL ITEMS UNDER THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT, THIS AGREEMENT, OR ANY STUDIO ARM SERVICES, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW OF THE COUNTRY WHERE YOU LIVE OR WORK.

4.7 If an Account is permanently banned, all Virtual Items licenses and Virtual Currency balances associated with the suspended Account are forfeited. Studio Arm will have no obligation or responsibility to and will not reimburse You for any Virtual Currency or Virtual Items lost due to Your violation of these Terms.

4.8 Notwithstanding these Terms, the laws in Your country may apply to the purchases of Virtual Items and Virtual Currency supplied by Studio Arm to You, and You may have rights or remedies as set out in such laws that apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in these Terms.

 

5. User Account

5.1 To access and use Studio Arm Services, You may be required to create a user account (“Account”). Before signing into Your Account, You might not be able to access some portions or features of Studio Arm Services. Studio Arm may provide the option for You to log in Your Account and access the Game or Studio Arm Services using Your credentials (e.g., username and password) from a third party recognized by Studio Arm. If You choose to use this feature, You acknowledge and agree that Studio Arm may obtain Your information from such third party.

5.2 If any Studio Arm Services requires You to create a “username” or “persona” to represent yourself in game or online, You should not use Your real name and may not use a username or persona that is used by someone else or that Studio Arm determines is vulgar, offensive, infringes someone else’s rights, or violates this Terms.

5.3 When creating an Account with us, we may ask You to provide certain personal information. You agree to ensure such information is accurate and up-to-date. You acknowledge and agree that, subject to applicable laws of the country where You live or work, Studio Arm may apply the “anti-addiction system” or other similar features to Your Account to restrict Your access to Studio Arm Services or parts of it.

5.4 It is Your own responsibility to maintain the safety and security of Your Account, and to keep Your username, password, any other relevant account information (collectively “Account Information”) confidential. Studio Arm is under no obligation to manage Your Account Information and will not compensate or reimburse You for any loss, stolen, misappropriation of Your Account, unless it is attributed to Studio Arm. If You suspect any possible issues regarding the security of Your Account, please inform Studio Arm immediately, so we may assist You accordingly.

5.5 You agree that You shall be fully responsible for all activities, payments, and contents that occur under Your Account or relating to Your account, no matter it is authorized by You or not.

5.6 Studio Arm may limit, suspend, terminate, remove, or delete Your Account, game information, and refuse Your access to Studio Arm Services, without any prior notice, in the event that we reasonably suspect You are failing to comply with these Terms, including but not limited to any actual or suspected illegal or improper use of Studio Arm Services. In such cases, any licenses granted to You by Studio Arm will automatically end immediately.

5.7 If an Account is inactive for successive 365 days, Studio Arm has the right to delete such Account and remove any records or balances (including the Virtual Currency and Virtual Items) in it, which cannot be retrieved. Studio Arm may suspend or terminate Your Account when there is any outstanding balance due from You.

5.8 If You choose to use the Game or Services through “Quick Game”, “Guest Mode”, or other similar convenient modes (collectively “Quick Modes”) without creating or registering an Account, all Your game data under such Quick Modes will not be uploaded to Studio Arm’s servers, and the data will be irretrievable when the Game is uninstalled or Your device is damaged.

5.9 We do not recognize or allow the transfer of Account between players. You may not, and may not offer to, purchase, sell, gift, or trade any Account. Any such attempt shall be null and void and may result in the termination and forfeiture of the Account.

 

6. Data and Privacy

6.1 Your privacy is important to Studio Arm. When You use Studio Arm Services, Studio Arm may collect and store Your personal information (such as age and nationality) and data from Your terminal devices (including computers or mobile phones), such as IP address and device ID, for the purpose of operating the business, improving Games and Studio Arm Services, providing relevant support and services, etc.

6.2 Your data is collected, used, stored and transmitted by Studio Arm, in accordance with all applicable local laws, policies, and Studio Arm’s Privacy Policy which is incorporated into these Terms by reference. Please read through the Privacy Policy carefully before You continue accessing or using Studio Arm Services.

 

7. User-Generated Content and User Content

7.1 You acknowledge and agree that You are responsible for Your UGC and User Content. You may not upload, transmit, or share any UGC or User Content that infringes a third-party’s legitimate rights (including intellectual property rights), or violates the laws, regulations, local policies and this Terms.

7.2 Studio Arm reserves the right, in its sole discretion, to remove, edit or disable UGC or in-game User Content for any reason, for instance if Studio Arm reasonably believes that the UGC or in-game User Content contains illegal contents or violates these Terms in general, but it cannot be deemed as Studio Arm’s obligation to remove any harmful UGC or User Content in the Game or Studio Arm Services. Studio Arm has no obligation to pre-screen all UGC and User Content and does not endorse or approve any UGC or User Content available in Studio Arm Services. Studio Arm will not be responsible or liable for any UGC or User Content.

7.3 By uploading or contributing the UGC, You grant to Studio Arm, its licensors and licensees, an irrevocable, non-exclusive, perpetual, transferable, assignable, worldwide, sublicensable, royalty-free license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, payment or attribution of any kind to You or any third party. You also grant to all other users who can access and use Your UGC in Games and Studio Arm Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute Your UGC on or through the relevant Studio Arm Services without further notice, attribution, or compensation to You.

7.4 If any right or interest (such as moral rights) in the UGC may not be licensed or transferred under any applicable laws, You hereby expressly waive and agree not to assert any such rights, credits, and/or claim for any compensation from Studio Arm.

7.5 If You find any UGC or in-game User Content that infringes Your legitimate rights or does harm to public interests, You can always contact Studio Arm’s customer support to submit Your requests directly.

 

8. Rules of Conduct

8.1 To use Studio Arm Services, You shall comply with all provisions of these Terms and other rules or policies Studio Arm publishes on its official websites, game platforms, or in the game from time to time. You represent, warrant, and agree that You will not use Studio Arm Services in any unlawful, threatening, or harassing manner, or take any action that, in Studio Arm’s sole discretion, is considered offensive, libellous, defamatory, immoral, objectionable, or unethical, or that is otherwise inconsistent with laws and regulations applicable in the country or region where You live or work.

8.2 In addition to the above, during Your use of Studio Arm Services, You agree not to:

·         Violate any law, rule, regulation, or local policies, which are applicable to Your use of Studio Arm’s Services.

·         Upload files that contain a virus or corrupted data and code.

·         Interfere with or disrupt any Studio Arm Services or any server or network used to support or provide Studio Arm Services, including any hacking or cracking into any Studio Arm Services.

·         Log in to Games or Studio Arm Services in any prohibited way, including but not limited to maliciously registering user accounts in bulk, intentionally crush down servers, and breaking any system barrier.

·         Log in to Games or Studio Arm Services through an Account of any third party. (At the meantime, we strongly encourage You to keep Your account and password safe, and do not lend, lease, share or otherwise transfer Your account to other users.)

·         Use any robot, spider or other automated device or process to access Studio Arm Services for any purpose such as scraping data or copying material.

·         Use any software or program that damages, interferes with, or disrupts Studio Arm Services or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files, and time bombs.

·         Remove information related to copyright ownership or other intellectual property rights from Games and Studio Arm Services.

·         Use or distribute unauthorized software programs or tools (such as “auto”, “macro”, hack, or cheat software), or use exploits, bugs, or problems in Studio Arm Services to gain unfair advantage.

·         Modify or forgery instructions or data to change or modify the functionality or operation effects of Games or Studio Arm Services; or disseminate, whether for commercial purpose or not, aforementioned methods to the public.

·         Access or use Games and/or Studio Arm Services through any third-party software, plug-ins, and/or systems that are not developed or authorized by Studio Arm; or disseminate, whether for commercial purpose or not, aforementioned software to the public.

·         Contribute UGC, organize or participate in any activity, group, or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, or is otherwise reasonably objectionable.

·         Publish, post, upload or distribute UGC or content that is illegal or that may infringe any rights or privacy of any third party.

·         Attempt to obtain, or phish for, a password, account information, or other private information from anyone else in Studio Arm Services.

·         Sell, buy, trade, or otherwise transfer or offer to transfer Your Account, any personal access to Studio Arm Services, or any Contents associated with Your Account, including Virtual Currency and Virtual Items inside or outside Studio Arm Services except as expressly permitted by this Terms, applicable laws or otherwise permitted in the gameplay.

·         Apply for refund maliciously or take advantage of rules of third-party platforms for unjust enrichment.

·         Take advantage of the price differential of Virtual Currency or Virtual Items to make profit by buying and/or selling Virtual Currency and/or Virtual Items from/in different territories.

·         Improperly use in-game support or complaint hotlines, or make false reports to Studio Arm staff.

·         Use information about users publicly available in any Studio Arm Services (e.g., in the forum) for any inappropriate purpose, including to identify such users in the real world.

·         Post or disclose any personal information (except expressly requested by Games or Studio Arm Services) of any third party, including the ID number, real name, residential address, etc.

·         Use Studio Arm Services in a country in which Studio Arm is prohibited from offering such services under applicable laws.

·         Exploit Studio Arm Services, for any commercial purpose, including without limitation (a) using at a cyber cafe, computer gaming center or any other location-based site; (b) gathering Virtual Items, Virtual Currency, or other in-game resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling.

·         Other activities that significantly disturbs the peaceful, fair, and respectful gaming environment.

·         Impersonate another person (including celebrities), misrepresent that You are a Studio Arm employee or a representative of Studio Arm, or attempt to mislead users by indicating that You represent Studio Arm or any of Studio Arm’s subsidiaries or affiliates.

·         For Political and Religion purpose.

·         Implement cyberbullying on other players in the game.

·         Promote, encourage, or help others to take part in any prohibited activity described above.

8.3 You acknowledge and agree that Studio Arm has the right to evaluate Your action solely based on data collected by Studio Arm in Games and/or Studio Arm Services and decide whether You have violated the above rules or not.

8.4 If You or someone using Your Account violates the above rules and fails to remedy this violation after a written warning, Studio Arm may take actions as described in Section 8.5 against You. In case of severe violations, Studio Arm may take these actions without any warning or notice. You acknowledge that Studio Arm reserves the right to suspend or terminate Your Account when Studio Arm detects any suspicious action under Your Account.

8.5 Studio Arm may take one or more following actions against the violation of rules and stipulations set forth in these Terms:

·         Warning.

·         Blocking communication.

·         Revise in-game profile.

·         Off-lining.

·         Deleting or forfeiture of Virtual Currency and/or Virtual Items.

·         Blocking login temporarily or permanently

·         Suspending all or part of in-game features temporarily or permanently.

·         Suspending or terminating the Account temporarily or permanently.

·         Deleting game files.

·         Disbanding in-game organization.

·         Other appropriate action determined by Studio Arm based on the nature of Your acts.

8.6 You understand and agree that: (1) During the suspension period, the Virtual Currency and Virtual Items in Your Account is not usable; and (2) Studio Arm has no obligation to compensate You for those Virtual Items that have been expired in the suspension period.

8.7 If You have any question or problem regarding Your accessing or using of Studio Arm Services, please access to Studio Arm’s customer support and contact us.

 

9. In-game and Forum Conduct

9.1 You should fully understand and agree that You must be responsible for all actions under Your Account, including but not limited to any content You publish and any consequences arising therefrom.

9.2 To facilitate a positive environment in Games and forums, You agree not to:

·         Interfere with or disrupt another player’s use of Studio Arm Services. This includes disrupting the normal flow of game play, chat, or dialogue within Studio Arm Services by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding, or hitting the return key repeatedly.

·         Harass, defame, threaten, bully, embarrass, spam, or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.

·         Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that Studio Arm (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.

·         Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.

·         Post any politics, religion, ethnicity, and/or sexual content that may be offensive and discriminatory to other users.

·         Post any solicitation information in connection with cheating tools, real money trading (if applicable laws or regulations required otherwise), boosting and/or other activities prohibited by Studio Arm.

·         Conduct inappropriate, abusive, harassing, profane, threatening, hateful, offensive, or vulgar in-game behaviours, including but not limited to maliciously harm or kill teammates in Games, maliciously chase and kill in Games, etc.

·         Other conducts that may violate the laws, regulations, local policies applicable in the country or region where You live or work.

·         Encourage or assist other users to do any of the above.

9.3 Studio Arm reserves the right to edit or remove any message or Contents posted in Games or forums without notice for any reason. Posting privileges are provided as a courtesy that can be rescinded at any time, at Studio Arm’s sole discretion. Studio Arm reserves the right to take one or more actions described in Section 8.5 if You violate the stipulation in Section 9.2.

 

10. Service and Availability

10.1 You acknowledge that Studio Arm Services may be interrupted for reasons within or beyond the control of Studio Arm. Studio Arm cannot and does not guarantee that You will be able to access to our Games or Studio Arm Services whenever You wish to do so. In the following circumstances, Studio Arm will not be liable for any damage (including the loss of any Virtual Currency or Virtual Items), nor will Studio Arm compensate You for the interruption or suspension of Games and Studio Arm Services:

·         Periodic inspection, updating, or maintenance of Games and/or Studio Arm Services.

·         Any damage or destroy to the game server.

·         Unexpected crush down of software, hardware, or electronic communication equipment.

·         Network failure resulting from activities of third-party service providers.

·         Emergency act to protect the safety or security of any users or third parties.

·         Any unforeseeable and/or inevitable problem on the server or system.

·         Other circumstances caused by a third-party or force majeure.

10.2 Studio Arm reserves the right to terminate whole or part of its services, in its sole discretion, with notice demanded by applicable laws in advance.

 

11. Termination

This Terms is effective from the earlier of the date You purchase, download, or use the Game, until terminated according to its terms. Both You and Studio Arm (or its licensors) may terminate this Terms at any time for any reason or for no reason. Termination by Studio Arm will be effective upon notice to You, termination, or deletion of Your Account (if any), or Studio Arm’s decision to permanently discontinue offering and/or supporting the Game or Studio Arm Services, which it may do at any time in its sole discretion. You may terminate this Terms (and consequently, Your Account (if any) at any time by accessing to the customer support and notifying Studio Arm. Upon termination of these Terms, Your right to use the Game shall immediately cease, and You must immediately uninstall the Game and destroy all copies of the Game in Your possession.

Notwithstanding the foregoing, obligations under this Terms, for example obligations related to IP rights (Section 3 and 7) etc. shall survive the termination of the Terms. And also, after this Terms is terminated, both parties shall still be responsible for any consequences resulting from such party’s behavior before the termination, that is to say, if any third party hold Studio Arm liable for the consequences of Your actions prior to the termination of this Terms, Studio Arm has the right to recover all the damages from You.

You will not receive any compensation or reimbursement for any Virtual Iterms and Virtual Currencies upon termination of this Terms for any reason, whether such termination was voluntary or involuntary, except as required by applicable law or policy.

 

12. Disclaimer; No Warranty; Limitation of Liability

12.1 YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT Studio Arm MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, FITNESS, PERFORMANCE, OR INTEROPERABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND ANY CONTENT CONTAINED WITHIN GAMES AND Studio Arm SERVICES FOR ANY PURPOSE. YOUR USE OF GAMES AND STUDIO ARM SERVICES IS AT YOUR OWN RISK. Studio Arm SERVICES ARE LICENSED AND PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

12.2 STUDIO ARM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO GAMES AND STUDIO ARM SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST ENTENT PERMITTED BY APPLICABLE LAWS. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN WILL SURVIVE ANY TERMINATIIN OR EXPIRATION OF YOUR ACCESS TO GAMES OR STUDIO ARM SERVICES.

12.3 YOU SPECIFICALLY AGREE THAT IN NO EVENT WILL STUDIO ARM, OUR REPRESENTATIVES, MANAGERS, PARTNERS, SHAREHOLDERS, JOINT VENTURERS, THIRD-PARTY CONTRACTORS, EMPLOYEES, LICENSEES, LICENSORS, ADVERTISERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF STUDIO ARM SERVICES, ANY INTERRUPTION IN AVAILABILITY OF STUDIO ARM SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF Studio Arm SERVICES OR THE DATA COLLECTED THROUGH STUDIO ARM SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER FORMS OF DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12.4 THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF STUDIO ARM, OUR REPRESENTATIVES, MANAGERS, PARTNERS, SHAREHOLDERS, JOINT VENTURERS, THIRD-PARTY CONTRACTORS, EMPLOYEES, LICENSEES, LICENSORS, ADVERTISERS, OR AGENTS WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEE PAID BY YOU TO US DURING THE THREE (3) MONTHS PERIOD TO YOUR MAKING A CLAIM AGAINST STUDIO ARM.

 

13. Indemnification

You agree to defend, indemnify, and hold Studio Arm, our representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, advertisers, or agents harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with Your use of Studio Arm Services and any alleged violation by You of these Terms. Studio Arm reserves the right to assume the exclusive defence of any claim for which Studio Arm is entitled to indemnification under this section. In such event, You shall provide Studio Arm with such cooperation as Studio Arm reasonably request.

 

14. Governing Law and Dispute Resolution

14.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to any conflict of law principles. You understand and agree that any dispute arising under these Terms shall be settled through friendly negotiation by both parties. If mutual agreement cannot be reached through negotiation, either party has the right to have the dispute finally and exclusively resolved by arbitration after sending a written notice to the other party. The arbitration shall be conducted in Singapore under the auspices of Singapore International Arbitration Center (“SIAC”). The arbitration proceedings shall be conducted in English. You hereby consent to and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction.

14.2 Subject to applicable laws and regulations, You confirm and agree that any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither You nor Studio Arm will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties.

14.3 You acknowledge that, to the extent permitted by laws of Your country, any disputes arising out Your access or use of Studio Arm Services shall be filed within the earlier of: (1) one [1] year since Your aware of such dispute, and (2) one [1] year from the occurrence of the claim or cause of action.

 

15. Miscellaneous

15.1 Entire Agreement. These Terms, including the Privacy Policy, constitutes the entire agreement between You and Studio Arm, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between You and Studio Arm.

15.2 Severability. If any provision of these Terms is found to be illegal or unenforceable, that provision will be severed. The remainder of these Terms will remain in full force and effect. The severed provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

15.3 Assignment. This agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by You without the prior written consent of Studio Arm. Studio Arm may assign, license, delegate, or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.

15.4 No waiver. Studio Arm’s failure or delay to exercise any right set forth hereunder shall not be considered as a waiver of it, nor shall any single or partial exercise of any right preclude Studio Arm’s further exercise of it.

15.5 Notice. Studio Arm may send You notice through Studio Arm Services, the official website, by email or any other means that You may inform us of. Except as otherwise provided in the Agreement, all notices given by You to Studio Arm shall be made to the address set forth in Section 16.

 

Last updated: 09 January 2023