GENERAL TERMS OF USE

 

A.    INTRODUCTION

 

1.    These General Terms of Use (“Terms”) govern the access and/or use of websites operated and/or controlled by Titan Digital Media Pte Ltd., and its affiliates (“we”, “us”, or “our”). For clarity, these Terms are also applicable to the access to and use of our services, games, software, social media sites, apps and e-commerce stores (collectively, “services”)).

 

2.    Additional terms and conditions (“Service Terms”) may apply when you access and/or use certain services provided by us. Such Service Terms shall apply in addition to these Terms regarding your access and/or use of such services.  

    

3.    When you access or use our websites and/or the services, you are deemed to have agreed and accepted to be bound by the Terms and, if and where applicable, the Service Terms. If you do not agree, please do not access or use our websites and/or services.

 

B.    DATA PRIVACY

 

By accessing or using our websites and/or the service(s), you agree and accept that personally identifiable information that you submit to us will be processed in accordance with the terms under our Data Privacy Notice. Please click here for our Data Privacy Notice.   

 

C.    ELIGIBILITY

 

1.    Unless otherwise stated, our websites, products and service(s) are not intended for children, minors and/or legally incapacitated person(s). By accessing and using our websites and/or services, you represent and warrant that:

 

(a)    You have reached the age of majority applicable at your location, or that you are an emancipated minor, and that you agree with and accept the Terms as well as the Service Terms, if and where applicable; or

 

(b)    You are the parent or legal guardian of a minor or legally incapacitated person. Both you and your child or ward accept and agree to be bound by these Terms as well as the Service Terms, if and where applicable. More specifically, you agree and accept to be fully responsible and liable for anything that may arise out of your child’s or ward’s access and/or use of the website or services, including but not limited to, all purchases made by your child or ward on the website.

 

2.    In addition to the above, you understand and agree that our websites, products and services may not be available, suitable, appropriate, or legal for residents at certain location(s). By accessing and using our websites, products and services, you represent and warrant that:

 

(a)    You (and your child or ward, if you are the parent or legal guardian) are not, in any way, prohibited or restricted from accessing and/or using our websites, products and services;

 

(b)    you will access and use our websites, products and services in accordance with our terms, conditions, guidelines and/or policies as well as in compliance with all applicable laws, rules, codes, directives, guidelines, policies and regulations issued and/or mandated by relevant authorities; and

 

(c)    You have the relevant permission, authority, licenses, hardware, software, operating tools, internet access, network, bandwidth, electric supply, security systems, accessories and support (collectively, “resources”) necessary or required for you to access and/or use our websites, products and/or services, and that you shall procure and maintain such resources at your own risk, expense and liability.

 

D.    LIMITATION OF USE

 

1.    We are pleased to grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to access and use our websites and services solely for personal use subject to your compliance with the Terms and Service Terms, if and where applicable. This limited license to access and use does not, whether by estoppel, implication or otherwise, grant you any express or implied rights over the content of our websites and services, and you hereby agree that you will not claim any right, title or interest therein. 

 

2.    Notwithstanding the above, you may create a hyperlink to our websites without our prior written permission if (i) you are not doing so for profit, commercial gain or to further your commercial interests; (ii) you are doing so only for personal, non-commercial, internal, informational purposes; and (iii) you are not doing so to mislead, harm, defraud, to misrepresent and/or in violation of any rights, fiduciary obligations, contractual obligations, laws and regulations. 

 

E.    ACCOUNT REGISTRATION

 

1.    To access and use certain services on our websites, you may choose to create an account with us. By creating an account, you agree and accept that you: 

 

(a)    are duly authorised, and have the necessary rights and permissions to create a binding agreement with us;

 

(b)    will provide us with accurate and complete information required to set up the account; 

 

(c)    will update us if and when the information required by us to maintain your account changes; 

 

(d)    will maintain confidentiality and security of your account information, including your account user name and password; 

 

(e)    will be responsible and liable for all the activities and transactions made on your account; 

 

(f)    will notify us immediately of any breach of security or unauthorized use of your account; and

 

(g)    will not trade, divest, transfer, assign, license or sell your account contrary to the Terms and/or Service Terms, if and where applicable, without our prior written permission. 

 

F.    INTELLECTUAL PROPERTY RIGHTS

 

1.    The content of our websites and services, including but not limited to, the artwork, drawings, images, text, photographs, services, software, games, trademarks, service marks, brand names, logos, audio files, graphics, etc, are owned by or licensed to us, and are protected by intellectual property laws and regulations. Except in the manner as permitted under these Terms, you shall not use the content of our websites and services without our prior written consent.

 

2.    Our websites and/or services may allow you to submit content to us and/or to post content. By submitting any content (including but not limited to your feedback, your ideas, creative materials, etc) to us or posting any content on our websites or services, you represent and warrant that:

 

(a)    your submission and/or posts do not, whether by estoppel, implication or otherwise, create or imply any legal relationship (whether, agency, partnership, joint-venture, employer-employee, franchisor-franchisee, or otherwise) between you and us and/or grant you any express or implied rights to payment or any form of remuneration, royalties, or fees;

 

(b)    you have all the necessary rights and permissions to submit such content to us and/or to post such content on our websites and/or services;

 

(c)    you are duly authorised to grant us and hereby grant us a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sub-licensable license to use, reproduce, modify, adapt, create derivative works, publish, translate, distribute, perform, and display such content in whole or in part thereof and to incorporate such content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes; 

 

(d)    The content which you submit to us and/or post on our websites and/or services is not confidential or proprietary information. Such content does not and will not infringe upon or violate any rights, fiduciary obligations, contractual obligations, laws and regulations;

 

(e)    The content which you submit to us and/or post on our websites and/or services is not misleading, objectionable (offensive, inappropriate or upsetting) or false, and will not cause harm, injury, loss or damage in any way; and

 

(f)    You are submitting content to us and/or posting content on our websites and/or services at your own risk, liability and expense, and you shall indemnify us and keep us harmless from any claims that may arise therefrom. 

 

If you do not agree with the above, please do not submit any content to us or post any content on our websites and/or services.

    

3.    If you believe any content on our websites and/or services may have infringed upon any copyright(s) and/or intellectual property rights, suspected infringements can be reported to us at the contact details provided below.  

 

G.    RULES OF CONDUCT  

 

1.    The limited license granted to you for your access and use of our websites and services is conditional upon your compliance with the following rules of conduct. By accessing and using our websites and/or services, you irrevocably and unconditionally agree and accept that you will not under any circumstances, unless otherwise expressly permitted under the Terms and/or Service Terms: 

 

(a)    use our websites or services in any way or manner that is contrary to or non-compliant with our terms, conditions, guidelines and/or policies;

 

(b)    use our websites and/or the service(s) on our websites in any way that may negatively affect, harm or injure us, our affiliates and/or other users of our websites or services, including without limitation, posting any comments on our websites or services to glorify, incite or endorse ethnic, racial or religious hatred, strife or intolerance;

 

(c)    misrepresent or suggest any type of association, approval or endorsement by us;

 

(d)    hack, attempt to hack, tamper with, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of our websites, services and/or any part thereof;

 

(e)    remove, disable, modify, add to or tamper with any program code or data, copyright, trademark, intellectual property right or other proprietary notices and legends contained on or in our websites, services and/or any part thereof;

 

(f)    create software which mimics any data or functionality in our websites or service(s);

 

(g)    our websites and services may only be accessed and used via authorized servers, and you must not take any action to bypass the authorized servers;

 

(h)    use or attempt to use an account of another user without authorization from such user, engage in identity theft, impersonate anyone, or engage in fraudulent, deceptive, or misleading practices;

 

(i)    use our websites, services and/or any part thereof to collect, harvest, post, upload, transmit, distribute, disseminate, store, submit, publish or send personally identifiable information, including without limitation, names, addresses, email address or credit card information, without prior written authorization;

 

(j)    use our websites, services and/or any part thereof to send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes;

 

(k)    use our websites, services and/or any part thereof to upload, transmit, distribute, store, send viruses, corrupted data or other harmful, disruptive or destructive files;

 

(l)    without our prior written consent, through any means, commercially exploit, copy, disable, display, distribute, frame, perform, rent, re-engineer, reproduce, republish, tamper, transfer, transmit, mirror, modify, sell, or create derivative works of our websites, services and/or any part thereof; 

 

(m)    Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by us to access our websites, services and/or any part thereof, including without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available on our websites and/or services; and/or

 

(n)    Use our websites, services or any part thereof to cheat, or use any bugs, glitches, vulnerabilities or unintentional mechanics in our websites or services to gain improper advantage(s) or unauthorized access.

 

H.    PURCHASES

 

1.    Offer to Purchase. When you submit an electronic order form to us, you are making an offer to purchase which, if accepted by us, will result in a binding contract between you and us, subject to our standard terms and conditions of sale which is incorporated by reference into these Terms. We shall have the right, in our sole, absolute and unfettered discretion, to accept or reject your offer to purchase.

 

2.    Prices. Prices are subject to change without notice and confirmed only upon our acceptance of your offer to purchase. You understand, agree and accept that we shall have the right to cancel the order if there is a difference between your offer price and the price at which we are willing to accept the offer. 

 

3.    Errors and Omissions Excepted. Product descriptions, including without limitation, the product features, prices, specifications, functionality, design, configurations, components, colours, availability, source, material, accessories, inclusions, and options are provided on best endeavour basis, to serve only as estimates and are subject to change without notice. Products and services under promotion, depicted as free gifts and/or featured in bundle sets are limited in quantities, provided on first-come-first-serve basis, and are subject to change without notice. Product images indicated on our websites are for illustration purposes and are also subject to change without notice. We do not warrant that any information on our websites and services are accurate, complete, reliable, suitable, fit-for-purpose, current, or error-free. If a product to be supplied or has been supplied to you by us does not comply with the product description and/or images as depicted on our websites or services, your sole remedy is to cancel the order or to return the product to us in unused condition for a full refund, whichever applicable.

 

4.    Refunds. Should you make a purchase from us, you understand, accept and agree that all returns and refunds relating to products and services that we supply to you are subject to our standard refund policy which is incorporated by reference into these Terms. To the extent permitted under law, we will generally not provide refunds for the following:-

 

(a)    Software, subscriptions, videos, toys and/or games after they have been accessed, save for those with latent defects;

 

(b)    Personal and clothing items (including but not limited to clothes, undergarments, socks, shoes, masks and bags) after they have been removed from their original packaging, save for those with latent defects;

 

(c)    Food or any perishable items after they have been removed from their original packaging, save for those with latent defects;

 

(d)    items that are not faulty or defective; and

 

(e)    virtual in-game items, including but not limited to, game accounts, game characters, virtual goods or currency, etc.  

 

You can reach us at the contact details provided below if you would like support in this area.

 

5.    Risk of loss. Unless otherwise stated on our confirmation of order, the risk of loss for products that we ship to you shall generally pass upon our delivery to the carrier.

 

6.    Payment. Purchases can be made through any of the payment methods that we have identified as acceptable. 

 

7.    Restrictions. Certain products and services are subject to restrictions. You understand, accept and agree that:

 

(a)    our prohibited and restricted items policy, which is incorporated herein by reference, shall apply; and

 

(b)    we may be legally required to ask for further identification or information from you before certain orders can be processed and that this can result in delays in the fulfilment of your order or the cancellation of the order.

 

8.    Virtual in-game items. When you purchase any virtual in-game items from us, you are granted a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited personal license to use such virtual in-game items on our websites and/or services. You will not acquire any other interest, right or title to such virtual in-game items which shall remain our exclusive property. For avoidance of doubt, virtual in-game items are digital items with no monetary value, and may not be sold, divested, transferred, traded or redeemed for real money or items of value. Virtual in-game items and their prices are subject to change, and we may, at any time and in our sole, absolute and unfettered discretion, modify the virtual in-game items and/or change the retail prices of any virtual in-game items without notice and without any liability to you or any third party. In addition, we shall have the rights to manage, update, regulate and/or eliminate any virtual in-game items on our websites and/or services without any liability to you or any third party. You agree that you shall not, whether for yourself or on behalf of any third party, sell, divest, transfer, trade or redeem such virtual in-game items in any manner contrary to the Terms and/or Service Terms, if and where applicable.         

 

I.    THIRD PARTY WEBSITES

 

Third party businesses, organizations or companies may use our websites and/or services to advertise, market, promote, and/or supply certain products and services to you. There may also be links on our websites and/or services to third party websites. The terms and conditions of such third-party businesses, organizations or companies will apply to your access and use of their websites as well as your purchase of any products and/or services offered by them. We do not endorse and do not have any control over such third-party products, services, terms and conditions. To the maximum extent permissible under law, we do not accept any responsibility or liability for the actions, products, services, website content, terms, conditions and policies of such third-party businesses, organizations or companies. Please carefully review the terms and conditions of such third-party businesses, organizations or companies before using their websites and services, or making any purchases from them.  

 

J.    COMPLIANCE WITH EXPORT CONTROL REGULATIONS

 

If you transfer any goods, information, software, technology, and/or related services to a third party using our websites or service(s) on our websites, you shall be required to comply with all export and re-export restrictions as well as regulations of Choose an item., European Union and those of the United States of America that may apply to such goods, information, software, technology, and/or related services.

 

K.    DISCLAIMERS AND LIMITATION OF LIABILITY

 

1.    Your access and use of our websites and services shall be at your own risk, expense and liability. Our websites and services are provided on “as is” and "as available " basis with no representations or warranties of any kind, express or implied. To the maximum extent permitted by law, we expressly exclude:

 

(a)    All conditions, warranties and other terms that might otherwise by implied by law into these Terms and/or Service Terms; and

 

(b)    Any and all liability to you (whether direct or indirect and of any nature whatsoever), whether arising under these Terms and/or the Service Terms, or otherwise in connection with your access and/or use of our websites and services.

 

2.    We and our affiliates shall not be responsible or liable in any way for loss or damage of any kind arising out of your use of or inability to use our websites, services, products and/or any part thereof, including without limitation, damages, special, incidental, punitive, exemplary or consequential damages, damages for loss of profits, loss of data, loss of use, loss of availability, loss of goodwill, work stoppage, computer failure or malfunction, any unauthorised access to, or the modification, use, interception, or obstruction of use of, computer material, or any and all other damages or losses, whether direct or indirect. Further and without prejudice to the generality of the foregoing, we and our affiliates shall not be responsible or liable in any way for any loss or damage to any account or in-game information such as virtual in-game items, statistics, or user standings, ranks or profile information stored at our websites and/or services. We shall not be responsible or liable for any interruptions of service, including without limitation ISP disruptions, software or hardware failures, or any other event which may result in a loss of data or disruption of service. If and to the extent that any such liability cannot be excluded under law, in no circumstances shall our maximum aggregate liability exceed the cost of the product or service or one hundred US Dollars (100 USD), whichever is higher.

 

3.    The foregoing is a comprehensive limitation of liability that applies to all loss or damages of any kind, including without limitation, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms and Service Terms is intended to exclude or limit any liability that may not by law be excluded or limited, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

 

L.    INDEMNITY

 

1.    By accessing and using our websites and/or services, you agree and accept to indemnify, defend and hold us, our affiliates, officers, directors, employees and agents harmless from and against any actual or threatened claims, costs, damages, losses, or other liabilities, including any related costs, such as reasonable attorney’s fees, which arise as a result of (a) your use of our websites; (b) your use of our services; (c) content which you make available through our websites and/or services; (d) your breach of these Terms, and/or Service Terms, if and where applicable; and/or (e) your violation of any rights, policies, restrictions, rules, sanctions, laws and regulations.

 

2.    Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. 

 

3.    If you are obligated to indemnify us, we will have the right, in our sole, absolute and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

 

M.    MODIFICATION AND TERMINATION

 

By accessing and using our websites and/or services, you agree and accept that:

 

1.    We have the rights, but not the obligation, to monitor, review, screen, post, remove, reject, and/or modify any content on our websites and services, at any time, for any reason, without notice and without liability to you or any third party.

 

2.    we shall have the rights, but not the obligation, to cancel, modify, maintain, update, impose restrictions on, suspend or discontinue our websites and services, or any part thereof, at any time, for any reason, without notice and without liability to you or any third party.

 

3.    we shall have the right to cancel, change, impose restrictions on, suspend, discontinue or terminate your access and use of our websites and services, or any part thereof, at any time, for any reason, without notice and without liability to you or any third party. 

 

4.    you shall have no rights to bring claims against us with respect to any monitoring, reviewing, screening, posting, removing, rejection and modification of any content on our websites and services, and that we shall not have any responsibility or liability to you that may arise out of such monitoring, reviewing, screening, posting, removing, rejection and modification of content on our websites and services.

 

5.    you shall also have no rights to bring claims against us with respect to any cancellation, change, maintenance, modification, update, discontinuance, imposition of restrictions, suspension or termination in connection with our websites and/or services, and that we shall not have any responsibility or liability to you that may arise out of such cancellation, change, modification, update, suspension, discontinuance or termination.

 

N.    CONTACT INFORMATION 

 

You can send us feedback, complaints or enquiries via post at:

 

Titan Digital Media Pte Ltd.

Singapore Post Centre 

PO Box 680

Singapore 914023

 

Or reach us via our online Contact Form at https://www.titandigitalmedia.com

 

O.    MISCELLANEOUS

 

1.    Any failure by us to require performance, claim a breach, assert or exercise any right or provision under the Terms or Service Terms, if and where applicable, shall not constitute a waiver of such right or provision.

 

2.    If any provision of the Terms or Service Terms, if and where applicable, is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms or Service Terms shall continue in effect.

 

3.    The Terms, Service Terms and any other supplementary documents referred to herein constitute the entire agreement between you and us with respect to our websites and services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, between you and us.

 

P.    GOVERNING LAW AND JURSDICTION

 

1.    These Terms and the Service Terms, if and where applicable, 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 excluded.

 

2.    If there are any dispute or claims in connection with our websites and/or services that cannot be resolved between you and us, either you or us may (a) refer the matter to (a) the Small Claims Tribunal ("SCT"), if the matter is within the SCT’s jurisdiction; (b) submit the claim or dispute for arbitration in Singapore or (c) submit the claim or dispute to any competent courts of Singapore.

 

Q.    CHANGES TO TERMS

 

We may revise these Terms and the Service Terms from time to time without any prior notice. You may determine if any revision has taken place by referring to the date on which these Terms and/or Service Terms, was last updated. Your continued use of our websites and/or services shall constitute your acknowledgement, agreement and acceptance of the revised Terms and/or Service Terms, if and where applicable. 

 

Last updated     :     27 April 2021