Welcome to the Level Infinite website (“Site”). You
are now reading our Terms of Service (“Terms”) which is a legal agreement between you and Proxima Beta
Pte. Limited (“we”, “us”, “our”, as
appropriate), and governs your use of the Site. We are
a company registered in Singapore with registered office at 10 Anson Road #21-07, International Plaza, Singapore 079903,
company registration number 201632879R.
The End User License Agreement (“EULA”)
and any product-specific terms and conditions shown to you at the point of
log-in or purchase, rather than these Terms, will apply if you purchase,
download or play our game products.
REVIEW CAREFULLY SECTION 14
“DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. IMPORTANT NOTICE
REGARDING ARBITRATION FOR RESIDENTS OF THE UNITED STATES, WHEN YOU AGREE TO THESE
TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN
YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THESE TERMS ALSO INCLUDE A LIMITATION ON DAMAGES THAT YOU CAN
COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SITE. BY USING THE SITE,
YOU AGREE TO THESE PROVISIONS. IF YOU DO NOT
AGREE TO THE TERMS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SITE.
This Site may have content that is not
appropriate for children under a certain age. Make sure you read, understand,
and agree to these Terms if you’re going to use the Site.
Some content available via our Site
may not be appropriate for children under a certain age. In some cases, content
or access may be restricted to certain age groups. Parents and guardians should
supervise their children’s access to our Site and in particular, their use of
any community areas.
As long as you agree to these Terms
(and as long as the Terms aren’t terminated—see Section 13), we grant you permission to access and
use our Site.
User Generated Content. Our site might allow users to
communicate with other users and to create, post, upload, share and distribute
various forms of content for and in connection with our Site, including
pictures, photographs, videos and other information or materials (“User
Generated Content”). We do not make any promises about the accuracy,
integrity or quality of User Generated Content and do not endorse it in any
manner. Enjoy what other users post or share on our Site, but do so at your own
risk. By posting or sharing the User Generated Content on our Site, you are
telling us you have the necessary rights and license to do so and are not
infringing upon the copyright, trademark, patent, trade secret or other
intellectual property rights of any third party. You further acknowledge that
you will not use or contribute User Generated Content that is unlawful,
tortious, defamatory, obscene, invasive of the privacy of another person,
threatening, harassing, abusive, hateful, racist or otherwise objectionable or
inappropriate. We may remove any User Generated Content and any related content
or elements from the Site at our sole discretion.
By sharing any User Generated Content
through the Site, you acknowledge that we may make it available across our Site
and sites of our affiliated companies and we may license, use, copy, modify,
create derivative works based upon, distribute, publicly display, and publicly
perform or otherwise commercially exploit your User Generated Content in
connection with operating and providing our products and services without
paying you for using your User Generated Content.
Additional terms and conditions will apply to purchases of goods or
services and to specific portions or features of the Site, including contests,
promotions or other similar features, all of which terms are made a part of
these Terms by this reference. You agree to abide by such other terms and
conditions, including where applicable representing that you are of sufficient
legal age to use or participate in such service or feature. If there is a
conflict between these Terms and the terms posted for or applicable to a
specific portion of the Site or for any service offered on or through the Site,
the latter terms shall control with respect to your use of that portion of the
Site or the specific service.
We may make
changes to any information on the products or services provided on the Site at any time,
without notice. The materials on the Site with respect to products and services
may be out of date, and we make no commitment to update the materials on the
Site with respect to such products and services.
By using or
accessing the Site, you agree to follow the below User Conduct rules.
You agree not to do any of the following with respect to the Site,
as determined by us:
use them commercially, for a promotional
purpose, or for the benefit of any third party or in any manner not permitted
by these Terms;
misuse the Site, including by attempting to
interfere with, disrupt, damage, hack, reverse engineer, modify, exploit bugs,
glitches, vulnerabilities or unintentional mechanics of, or introduce spyware,
time bombs, viruses, worms, or other potentially damaging computer programs
into our Site;
use, or provide, any unauthorized third party
programs that intercept, emulate, or redirect any communication between the Site
and us or that collect information about the Site;
copy, reproduce, distribute, display, mirror,
frame or use them or any individual element within the Site (or any of our
other materials, intellectual property, proprietary information, or the layout
and design of any page or form contained on a page) in a way that is not
expressly authorized in these Terms;
attempt to reverse engineer (except as otherwise
permitted by applicable local law), derive source code from, modify, adapt,
translate, datamine, decipher, decompile, or disassemble or make derivative
works based upon the Site or any Content;
avoid, bypass, remove, disable, impair,
descramble, circumvent, or modify any technological measure we or any of our
providers or any other third party (including another user) implements to
protect them or any of their associated intellectual property;
violate any applicable law or regulation; or
encourage, promote, take part in or enable anyone
else to do any of the foregoing.
Our Site, including our Content, are owned
by us or our licensors.
We and our affiliates and licensors own all title, ownership and
intellectual property rights in the Site (including all Content therein). You
agree not to remove, alter or obscure any copyright, trademark, service mark or
other proprietary rights notices incorporated in or accompanying the Site. You
understand and agree that you have no ownership interest in the Site or any
Content therein. In the event that we in our sole
discretion conclude that you are violating these Terms, you agree that we may
exercise any or all of our rights under these Terms, including termination of these
Terms and your access to our Site.
Although we are not obligated to monitor access to or use of the Site
or to review or edit any Content, we have the right to do so for the purpose of
operating and publishing the Site, to ensure compliance with these Terms, to
protect the health or safety of anyone that we believe may be threatened, to
protect our legal rights and remedies, to report a crime or offensive behavior,
or to comply with applicable law. We may (but don’t have to) remove or disable
access to any Content, at any time and without notice. We may (but don’t have
to) investigate violations of these Terms or conduct that affects the Site.
Outside links are for your
convenience, but we can’t guarantee them.
The Site may contain links to third party websites or resources. We
provide these links only as a convenience and are not responsible for the
content, products or services on or available from those websites or resources
or links displayed on such websites. We are not a party
to any relationship or separate agreement entered into between you and any such
third parties, and we disclaim any and all liability relating thereto. You acknowledge sole responsibility for and assume all risk arising
from, your use of any third party websites or resources.
You agree that we are not and will not be
responsible for any loss of damage of any type incurred
as the result of any of your transactions with third parties. Any questions,
complaints, or claims related to any product or service should be directed to
the appropriate vendor.
This is a reminder that you are responsible for all data-related charges
that you may incur for using our Site, including, without limitation, mobile
and data charges. You should understand or ask your service provider what
charges you may incur before using the Site.
We don’t make any guarantees about the
TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SITE AND ALL MATERIALS
AND INFORMATION AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS,” WITHOUT
WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, PROXIMA
BETA PTE. LIMITED AND ITS AFFILIATES (TOGETHER, THE “COMPANY PARTIES”)
EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT. The Company Parties
make no warranty that the Site or the materials or information available
through the Site will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. The Company Parties make no
warranty regarding the quality, accuracy, timeliness, truthfulness,
completeness or reliability of the Site or the materials or information
available through the Site.
Although the Site is accessible worldwide,
not all features, products or services discussed, referenced, provided or
offered through or on the Site are available to all persons or in all
geographic locations, or appropriate or available
for use in all geographic locations. We reserve the right to limit, in its sole
discretion, the provision and quantity of any feature, product or service to
any person or geographic area. Any offer for any feature, product or
service made on the Site is void where prohibited.
This Section limits what you can
recover from us in a dispute.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY
PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR LIABLE,
WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR
OTHER THEORY, TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (INCLUDING,
WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES)
ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE OR RESULTS OF
USE OF THIS SITE OR ANY CONTENT ON OR IN THIS SITE, EVEN IF THAT COMPANY
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Notwithstanding the foregoing, some countries, states, provinces or
other jurisdictions do not allow the exclusion of certain warranties or the
limitation of liability as stated above, so the above terms may not apply to
you. Instead, in such jurisdictions, the foregoing exclusions and limitations
will apply to the maximum extent permitted by the laws of such jurisdictions.
As mentioned in the beginning of these
Terms, the EULA will apply if you purchase, download or play our game products.
As such, the limitations and exclusions of liability set out in the EULA (and
not those set out in this clause 9) will apply to any liability arising as a
result of the supply of game products to you via this Site.
To the fullest extent consistent with applicable law, we may suspend,
modify or terminate your access to and use of the Site and Content, with no
liability or notice to you, specifically in the event that (a) we cease
providing the Site (or parts thereof) to similarly situated users generally;
(b) you breach any terms of these Terms (including our other policies specified
in these Terms); (c) we otherwise deem it necessary to suspend or modify your
access to and use of the Site or terminate these Terms in our sole discretion
for any reason. Upon any termination, discontinuation or cancellation of the Site,
these Terms, the rights granted to you will automatically terminate, you may no
longer exercise any of those rights or these Terms.
The following Sections will survive termination of these Terms: 7 (first two sentences only), 11, 12, 14 through 16, and this sentence of Section 13.
Governing Law. These Terms and any action related thereto, including but not
limited to any dispute, controversy, difference, or claim arising out of or
relating to these Terms or the enforcement, interpretation, breach, termination
or validity thereof or the use of the Site (collectively, “Disputes”) will
be governed by the laws of Singapore without reference
to choice of law rules but you will have the additional protection of the
mandatory laws of the country in which you live. The mandatory laws of the
country in which you live take priority over the laws of Singapore. The provisions of the U.N. Conventions on
Contracts for the International Sale of Goods shall not apply.
Dispute Resolution. Any Dispute will be referred to and
finally resolved by arbitration administered by the Singapore International
Arbitration Centre (“SIAC”) under the Arbitration Rules of the SIAC in
force at the time of delivery of the arbitration notice, which rules are deemed
to be incorporated by reference in this clause. This section is set only to the extent permitted by law and does not prevent action in courts of
competent jurisdiction of the territory of your principal residence where such a
right cannot be excluded under applicable law.
The arbitration will be conducted in accordance
with Governing Law with the seat of the arbitration in Singapore and the
language of the proceedings will be in English. The Tribunal will consist of
three (3) arbitrators, with each party nominating one arbitrator within thirty
(30) days after the delivery of the arbitration notice. The appointment of such
arbitrators will be confirmed by the SIAC, and both arbitrators will be
instructed to and will agree on the third arbitrator within ten (10) days of
their confirmation by the SIAC. Should either party fail to appoint an arbitrator,
or should the two arbitrators fail within ten (10) days to reach agreement on
the third arbitrator, such arbitrator(s) will be appointed by the Secretary
General of the SIAC. The arbitrators will award only such damages as are
permitted to be awarded pursuant to these Terms.
Costs. Each party will pay its own costs and expenses (including, without
limitation, counsel fees) of any such arbitration; provided, however, that the
parties will equally share the fees and expenses of the arbitrators.
Injunctive and Declaratory Relief. Notwithstanding anything to the contrary
in these Terms, either party may always apply to a court of competent
jurisdiction for an injunction or any other legal or equitable relief.
Entire Agreement. These Terms and any other document,
policy, or information referred to in these Terms constitutes the entire and
exclusive understanding between you and us regarding the Site and supersede any
and all prior oral or written understandings or agreements between you and us
regarding the Site.
Severability. These Terms describes certain legal rights. You may have other
rights under the laws of your jurisdiction. These Terms does not change your
rights under the laws of your jurisdiction if the laws of your jurisdiction do
not permit it to do so. As noted above, limitations and exclusions of
warranties and remedies in these Terms may not apply to you because your
jurisdiction may not allow them in your particular circumstance. In the event
that certain provisions of these Terms are held by a court or tribunal of
competent jurisdiction to be unenforceable, those provisions will be enforced
only to the furthest extent possible under applicable law and the remaining
terms of these Terms will remain in full force and effect.
No Waiver. Your and our actions or inactions will not create any other rights
under these Terms except as what is explicitly written within these Terms. Our failure to enforce any right or provision of these Terms will
not be considered a waiver of such right or provision. The waiver of any such
right or provision will be effective only if in writing and signed by one of
our duly authorized representatives. Except as expressly set forth in these
Terms, the exercise by either party of any of its remedies under these Terms
will be without prejudice to its other remedies under these Terms or otherwise.
Third Party Rights. A person who is not a party to these
Terms will have no right under to enforce any of its terms.
Consent to Electronic Communications. By using the Site, you consent to receiving
that any notices, agreements, disclosures, or other communications that we send
to you electronically will satisfy any legal communication requirements,
including that those communications be in writing.
No Assignment. You
may not assign or transfer these Terms, by operation of law or otherwise,
without our prior written consent. Any attempt by you to assign or transfer
these Terms, without such consent, will be null and void. Notwithstanding the
title of this Section, we may freely assign or transfer these Terms without
restriction. Subject to the foregoing, these Terms will bind and inure to the
benefit of the parties, their successors and permitted assigns.
Changes to these Terms. We may, from time to time, change, modify or update these Terms,
and the revised Terms will apply prospectively. For easier reference, we will
change the “Last revised” date above.
If you have any questions about these Terms
or the Site, please contact us at our Support Email Address.