IX. Governing Laws and Dispute Resolution

This Agreement shall be governed by, and will be construed under, the laws of Singapore, without regard to the principles of conflict of laws, and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods.

You and the Company agree that any disputes relating in any way to or arising under or out of your use of Our Games or this Agreement shall first be negotiated in good faith informally for at least thirty (30) days before either party initiates any legal proceeding.

Negotiations will begin upon receipt of written notice by the party raising a dispute. The Company will send its notice to your billing address and e-mail you a copy to the e-mail address you have provided to us. You will send your notice via the contact information in each related Game or on the official website of such Game.

If a dispute cannot be resolved through negotiations, either you or the Company may elect to have the dispute (except as set forth in Section 11 below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You should review this provision carefully. This arbitration provision limits your and the Company’s ability to litigate claims in court and you and the Company each agree to waive your respective rights to a jury trial.

The arbitration will be held by Singapore International Arbitration Centre (“SIAC”) . You hereby consent to personal jurisdiction and venue in SIAC.

The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a dispute is subject to arbitration. The arbitrator has authority to decide all issues of arbitrability, including where a party raises as a defense to arbitration that the claims in question are subject to one or more Exceptions to Negotiations and Arbitration in Section 11, below.

Your arbitration fees and your share of arbitrator compensation shall be governed by the Singapore Arbitration Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and the Company, and any award of the arbitrator may be entered in any court of competent jurisdiction.

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation. However, the arbitrator shall shift such fees and costs to ensure that you do not pay significant forum fees. In addition, you shall not be required to pay any type of fee or cost in arbitration that you would not have had to pay had you been free to file your claim in court. The parties understand that the right to discovery may be more limited in arbitration than in court. However, each side will be permitted discovery sufficient to allow that side a fair opportunity to present or defend their claims.

CLASS AND COLLECTIVE ACTION WAIVER.

You and the Company agree that any arbitration or court proceeding shall be limited to the dispute between the Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT:

a. A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND THE COMPANY;

b. THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND

c. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.

Any dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then void, and any ongoing or future dispute will be submitted to a court of competent jurisdiction within Singapore, to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or the Company agree to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.

X. Breach and Indemnification

In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved content; (ii) restoring your Game data to the status before your breach; (iii) terminating your right to use Our Games; and (iv) taking legal action against you or disclosing relevant information to law enforcement authorities.

You will indemnify and hold us harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

XI. Limitation of Liability

The Company shall make reasonable efforts to improve and upgrade the Games Services, but the Games Services are made available to you only on an “as is” basis. To the extent permitted by law, we do not provide any type of warranties, whether express or implied. For example, we cannot predict when issues might arise with our Games Services; therefore, we do not warrant the following: Games Services will surely meet your requirements, the Games Services will not be interrupted, the Games Services will be timely, safe and authentic, or the Games Services will not go wrong. Our liability shall be limited to the extent permitted by applicable law, and under no circumstances will the Company be liable to you for any lost profits, lost revenues, loss of information or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to this Agreement, even if we have been advised of the possibility of such damages.

The Company shall not be liable for the losses caused by Force Majeure factors such as malfunctions, technical defects, coverage limitations, unavoidable factors, computer viruses, hacker attacks, etc. of the telecommunication networks of the basic telecommunication operators involved in the Games Services hereunder.

XII. Miscellaneous Terms

This Agreement and other policies or rules issued constitute the entire agreement between you and the Company regarding your use of the Games Services. When you use any of Our Games or participate in the Games Services or any other service we provide, you agree and acknowledge that you are bound by all such agreements and policies.

Some of the products or services we offer are also governed by other agreements or terms. If you use any of those products or services, such agreements or terms will be made available and will become part of our agreement with you.

If any part of this Agreement is deemed to be unenforceable, the validity of the remaining parts shall not be affected. Our failure to enforce any part of this Agreement shall not be deemed as a waiver of our rights. Any amendment to or waiver of this Agreement shall be in writing and shall be published by us.

Without our consent, you shall not transfer any of your rights or obligations under this Agreement to anyone else.

This Agreement does not confer any third-party beneficiary rights to any User. We reserve the right to freely transfer all our rights and obligations under these terms for mergers, acquisitions, sale of assets or enforcement of laws or otherwise.

Any provision of this Agreement which expressly states that it is to continue in effect after termination or expiration of this Agreement, or which by its nature would survive the termination or expiration of this Agreement, shall do so, regardless of the manner or cause of termination.

No waiver by either Party of a breach or omission by the other Party under this Agreement shall be binding on the waiving Party unless it is expressly made in writing and signed by the waiving Party. Any waiver by a Party of a particular breach or omission by the other Party shall not affect or impair the rights of the waiving Party in respect of any subsequent breach or omission of the same or different kind.

If you have any further questions this Agreement, please contact us via the contact information in the Game or on the official website of the Game.