Welcome to the garena.com website (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a garena.com account ("Account") so that you are aware of your legal rights and obligations with respect to Garena Interactive Holding Limited. and its affiliates and subsidiaries (individually and collectively, "we," "us," or "Garena").
The "Service" includes (a) the Site, (b) the services provided by the Site and by the Garena client software made available through the Site, and (c) all information, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, or other materials made available through the Site or services ("Content"). Any new features added to or augmenting the Service are also subject to these Terms of Service.
BY USING THE SERVICE OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU ARE YOUNGER THAN 18 YEARS OLD, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS TERMS OF SERVICE.
Garena has the right to revise this Terms of Service at any time without providing notice to its users. Your continued use of the Service, this Site, or your Account, shall be deemed irrevocable acceptance of those revisions.
Garena reserves the right to change, modify, suspend or discontinue any portion of this Site or the Service at any time. Garena may also impose limits on certain features or restrict your access to parts or the entire Site or Service in its sole discretion and without notice or liability.
Garena reserves the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.
Garena grants you a limited license to access and use the Service subject to the terms and conditions of this Terms of Service for personal use only. This license does not allow you to make any commercial use or any derivative use of the Service (including any of its individual elements or Content). By using or accessing the Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service, the Site and its Content. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service, the Site or its Content.
You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Garena. You acknowledge that Garena may, in its sole discretion and at any time, discontinue providing any part of the Service without notice.
ACCOUNTS AND SECURITY
Some functions of our Service require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Garena, in its sole discretion, finds offensive or inappropriate, Garena has the right to suspend or terminate your Account
You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, and (c) immediately notify Garena of any unauthorized use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Garena will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
You agree that Garena may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your Account and your User ID, and remove or discard from the Site any Content associated with your Account and User ID. Grounds for such termination may include, but are not limited to, (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms of Service, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, or the business interests of Garena. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim against Garena, or a claim which in any way involves Garena, then Garena may terminate your Account.
If your Account is or remains inactive (which means you have not logged into your Account) for more than 6 months, Garena has the right to delete or deactivate your Account and all Shells in your Account shall be forfeited.
Your Shells will be valid for a period of 1 year from the date of the last top up. As an illustration, if you top up 10 Shells on 14th October 2010, your Shells will be valid until 13th October 2011 (if there is no top up activity during that period) and these 10 Shells (or the balance of these Shells) will expire on 14th October 2011. However, if you top up another 10 Shells on 13th October 2011, all 20 Shells will be valid until 13th October 2012.
You may only use the Service and/or open an Account if your applicable jurisdiction allows you to accept this Terms of Service.
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY GARENA OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, GARENA DOES NOT WARRANT THAT THE SERVICE, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GARENA BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF RAPTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICE.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
LINKS TO THIRD PARTY SITES
The links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Garena in any manner whatsoever. Therefore, Garena is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Garena is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Garena of any linked site and/or any of its content therein.
TERM OF USE
The license for use of this Site is effective until terminated. This license will terminate as set forth within this Terms of Service or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by Garena to effect such termination.
You agree not to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; use the Site to harm minors in any way; use the Site to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site; remove any proprietary notices from this Site; cause, permit or authorize the modification, creation of derivative works, or translation of the Site without the express permission of Garena; use the Site for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein; use the Site for fraudulent purposes; attempt to decompile, reverse engineer, disassemble or hack the Site, or to defeat or overcome any encryption technology or security measures implemented by Garena with respect to the Site and/or data transmitted, processed or stored by Garena; harvest or collect any information about or regarding other Account holders, including, but not limited to any personal data or information; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; use the Site to intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law; use the Site to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; use the Site to "stalk" or otherwise harass another; and/or use the Site to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above. You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Garena, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. Garena does not control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Garena be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
You acknowledge that Garena may or may not pre-screen Content, but that Garena and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available on the Site. Without limiting the foregoing, Garena and its designees shall have the right to remove any Content that violates this Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Garena or submitted to Garena, including without limitation information in Garena Forums and in all other parts of the Site.
You acknowledge, consent and agree that Garena may access, preserve and disclose your Account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Garena, its users and the public.
YOUR CONTRIBUTIONS TO THE SERVICE
By submitting Content for inclusion on the Service, you represent and warrant that you have all necessary permissions to grant the licenses below to Garena. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Service, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Garena and its successors a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you terminates once you or Garena removes your contributed Content from the Service. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
THIRD PARTY CONTRIBUTIONS TO THE SERVICE
Each contributor to the Service of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Garena is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Garena responsible for any user's actions or inactions, including things they post or otherwise make available via the Service.
In addition, the Service may contain links to third party text and video feeds (and podcasts) (collectively, "third party feeds"), websites and offers, links to download third party software applications. Additionally, third parties may make available, on their own websites, third party feeds, and software applications. These third party links, third party feeds, websites and software applications are not owned or controlled by Garena. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Garena has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third-parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Service, you agree that Garena shall not be liable in any manner due to your use of, or inability to use, any third-party feed, website or widget. You further acknowledge and agree that Garena may disable your use of, or remove, any third party links, third party feeds, or applications on the Service to the extent they violate these Terms of Service.
VIOLATION OF OUR TERMS OF SERVICE
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify our Copyright Agent.
A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit Garena to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.
The Copyright Agent will only respond to any claims involving alleged copyright infringement.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
you possess the legal right and ability to enter into this Terms of Service and to comply with its terms; you will use this Service for lawful purposes only and in accordance with this Terms of Service and all applicable laws, regulations and policies; and you will only use this Service on a computer on which such use is authorized by the computer's owner.
You agree to indemnify, defend and hold harmless Garena, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of this Service.
If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Garena reserves all rights not expressly granted herein. Garena may modify this Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in this Terms of Service shall constitute a partnership or joint venture between you and Garena. The failure of Garena at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Service against or relating to Garena or any Indemnified Party under this Terms of Service will be subject to the exclusive jurisdiction of the Supreme Court of Singapore and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Service and any agreements included or referred to in this Terms of Service constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.