Terms of Service of Potato Play Pte. Ltd.

1. INTRODUCTION

1.1 Welcome to Potato Play. These Terms of Service set out the terms and conditions by which Potato Play Pte. Ltd. and its affiliates and subsidiaries (individually and collectively, "Potato Play", "we", "us" or "our") offer:

1. our PC and mobile games ("Games");
2. the underlying Games client software and the Potato Play PC and mobile platform client software ("Software");
3. this website, including the Potato Play Shop ("Site"); and
4. any other apps, websites, games or services that link to this Terms of Service, regardless of how you access or use them, including through mobile devices,

(collectively, the "Services").

1.2 The Services also include any services provided by or through the Potato Play platform client software, any services made available through our Games or the Site, and all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including without limitation any mobile application services) or other materials made available by or through us ("Content"). Any updates, upgrades and new features added to or augmenting the Services are also subject to these Terms of Service.

1.3 Please read these Terms of Service carefully before using the Services or opening a Potato Play account ("Account") so that you are aware of your legal rights and obligations with respect to Potato Play.

1.5 Potato Play has the right to revise these Terms of Service at any time without providing notice to its users. It is your responsibility to check this page regularly to make note of any changes. Your continued use of the Services shall be deemed irrevocable acceptance of those revisions.

1.6 Potato Play reserves the right to change, modify, suspend or discontinue any portion of the Services at any time. Potato Play may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Potato Play may also impose limits on certain features or restrict your access to parts of, or the entire, Services in its sole discretion and without notice or liability.

1.7 Potato Play reserves the right to refuse to provide you access to the Services or to allow you to open an Account for any reason.

2. PRIVACY

2.1 Your privacy is very important to us at Potato Play. To better protect your rights, we have provided the Potato Play Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Potato Play collects and uses the information associated with your Account and/or your use of the Services. By using the Services or agreeing to these Terms of Service, you consent to Potato Play's collection, use, disclosure and/or processing of your Content and personal data as described in the Privacy Policy.

3. LIMITED LICENSE

3.1 Potato Play grants you a non-exclusive, non-transferable limited right and license to install the Software and access and use the Services, subject to the terms and conditions of these Terms of Service and for personal use only. This license does not allow you to make any commercial use or any derivative use of the Services (including without limitation any of its individual elements, including but not limited to the Games, Software or Content). All rights not specifically granted by Potato Play under these Terms of Service are hereby reserved by Potato Play. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Potato Play.

3.2 You acknowledge and agree that all title, ownership rights and intellectual property rights connected with the Services (including but not limited to any derivative works, titles, computer code, objects, themes, characters, character names, stories, dialogues, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, "applets" incorporated in the Services, and any related documentation) are the property of Potato Play and where applicable, third party proprietors identified in the Services.

3.3 By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the Services on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.4 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Potato Play. You acknowledge that Potato Play may, in its sole discretion and at any time, discontinue providing any part of the Services without notice.

4. TERMS OF USE

4.1 The license for use of the Services is effective until terminated as set forth in these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In such event, no notice shall be required by Potato Play to effect such termination.

4.2 You agree not to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. use the Services to harm minors in any way;
3. use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
5. remove any proprietary notices from the Services;
6. cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Potato Play;
7. use the Services for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
8. use the Services for fraudulent purposes;
9. attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Potato Play with respect to the Services and/or data transmitted, processed or stored by Potato Play;
10. harvest or collect any information about or regarding other Account holders, including without limitation any personal data or information;
11. 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);
12. 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;
13. upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other unauthorised form of solicitation;
14. upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
15. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
16. intentionally or unintentionally violate any applicable local, state, national or international law, regulation, statute, ordinance or treaty;
17. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above;
18. use any game data mining, robots or similar data gathering or extraction methods in connection with the Services;
19. sell, buy, trade or otherwise transfer your Account, or offer to sell, buy or trade Accounts;
20. access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes;
21. use the Services in any manner that could damage, disable, overburden, or impair any Potato Play server, or the network(s) connected to any Potato Play server, or interfere with any other party's use and enjoyment of the Services;
22. gain or attempt to gain unauthorized access to any Services, Accounts, computer systems or networks connected to any Potato Play server or to any of the Services, through hacking, password mining or any other means;
23. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services;
24. use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising, except as expressly permitted by these Terms of Service;
25. use the Services to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the Services;
26. use any information or content from the Services in order to harass, abuse, or harm another person;
27. use the Services in a manner inconsistent with any and all applicable laws and regulations;
28. use the Services in any way that violates these Terms of Service.

5. ACCOUNT REGISTRATION AND SECURITY

5.1 You may be required to register for an Account to access certain features of the Services. When you register for an Account, you agree to provide accurate, current and complete information about yourself as prompted by the registration form, and to maintain and promptly update such information to keep it accurate, current and complete.

5.2 You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You agree to notify Potato Play immediately of any unauthorized use of your Account or any other breach of security.

5.3 Potato Play reserves the right to suspend or terminate your Account at any time if we believe that you have violated these Terms of Service or engaged in fraudulent, illegal or harmful activity.

6. PAYMENTS AND PURCHASES

6.1 Some Services may require payment of fees. You agree to pay all fees associated with your use of the Services. All fees are non-refundable unless otherwise stated.

6.2 Prices for Services are subject to change at any time. Potato Play reserves the right to modify, suspend, or discontinue any paid Services at any time without prior notice.

6.3 You are responsible for any taxes that may be applicable to your purchases.

7. INTELLECTUAL PROPERTY

7.1 All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Potato Play or its content suppliers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 The compilation of all content on the Services is the exclusive property of Potato Play and is protected by copyright laws.

8. USER CONTENT

8.1 You retain ownership of any content you submit, post, or display on or through the Services ("User Content"). By submitting, posting, or displaying User Content, you grant Potato Play a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods.

8.2 You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit.

9. DISCLAIMER OF WARRANTIES

9.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Potato Play does not warrant that the Services will be uninterrupted, secure, or free of errors, viruses, or other harmful components.

10. LIMITATION OF LIABILITY

10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POTATO PLAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.

11. TERMINATION

11.1 You may terminate your Account at any time by contacting us at the contact information provided below.

11.2 Potato Play may terminate or suspend your Account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms of Service.

11.3 Upon termination, your right to use the Services will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. MODIFICATIONS TO THE SERVICES

12.1 Potato Play reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Potato Play shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

13. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

13.1 Each contributor to the Services 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, Potato Play 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 Potato Play responsible for any user's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

13.2 In addition, the Services may contain links to third party text and video feeds (and podcasts) (collectively, "third party feeds"), products, websites, services and offers, or 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, products, websites, services and software applications are not owned or controlled by Potato Play. 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. Potato Play 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 Services, you agree that Potato Play 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 Potato Play may disable your use of, or remove, any third party links, third party feeds, or applications on the Services to the extent they violate these Terms of Service.

14. VIOLATION OF OUR TERMS OF SERVICE

14.1 If you believe a user of our Services is violating these Terms of Service, please contact us at contact@potatoplay.com

15. MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

15.1 If you believe that your work (as included on the Services) 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:

1. a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright interest that is allegedly infringed;
2. a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed;
3. a description of the exact name of the infringing work and the location of the infringing work on the Services;
4. information sufficient to permit Potato Play to contact you, such as your physical address, telephone number and e-mail address;
5. 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 authorised by the copyright owner, its agent, or the law; and
6. a statement by you that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on the copyright owner's behalf.

16. YOUR REPRESENTATIONS AND WARRANTIES

16.1 You represent and warrant that:

1. you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms;
2. you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations; and
3. you will only use the Services on a machine or device on which such use is authorised by the machine's or device's owner.

17. INDEMNITY

17.1 You agree to indemnify, defend and hold harmless Potato Play, and its shareholders, subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (a) the hosting, operation, management and/or administration of the Services by or on behalf of Potato Play, (b) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (c) your use or misuse of the Services, or (d) your breach of any law or the rights of a third party.

18. SEVERABILITY

18.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

19. GOVERNING LAW

19.1 These 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, to the extent applicable, are expressly disclaimed. Any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to Potato Play or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.

20. GENERAL PROVISIONS

20.1 Potato Play reserves all rights not expressly granted herein.

20.2 Potato Play may modify these Terms of Service at any time by posting the revised Terms of Service on the Site. Your continued use of the Services after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

20.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

20.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Potato Play, nor does it authorise you to incur any costs or liabilities on Potato Play's behalf.

20.5 The failure of Potato Play 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.

20.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Potato Play's affiliates and subsidiaries (and each of Potato Play's and its affiliates' and subsidiaries' respective successors and assigns).

20.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

20.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

20.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service, please contact us at: info@potatoplay.com.