Website Terms of Service
Last Updated: 2021-10-29
TABLE OF CONTENTS
- A Few Important Notices—arbitration and damages
- Seizure Warning
- License and Use of the Site
- Other Terms and Conditions
- User Conduct
- Ownership of the Site
- Third Party Websites and Resources
- Data Charges and Mobile Devices
- Warranty Disclaimers
- Limitation of Liability
- Dispute Resolution and Governing Law
- Contact Information
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.
1. A Few Important Notices—arbitration and damages
If you’re in the US, you’re agreeing (i) to arbitrate almost all disputes rather than have them heard in a court of law or by a jury, and (ii) not to participate in a class action lawsuit against us.
PLEASE 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.
2. Seizure Warning
The Services may contain flashing lights, images, and other luminous stimulations which may induce epileptic seizures in certain individuals. If you have an epileptic condition, please consult your doctor before using the Services. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while using the Services, please immediately discontinue using the Services and consult your doctor.
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.
4. License and Use of the Site
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.
License Grant. So long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use the Site, including any Content, for your internal, personal entertainment or informational (as applicable) purposes leveraging only the functionality of the Site until the expiration or termination of these Terms. Any other use of the Site and its components, other than as expressly permitted herein, is strictly prohibited. We and our licensors reserve all rights not granted to you in these Terms. “Content” means all articles and other written content, artwork, titles, themes, objects, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, job listings and descriptions, and any other content within the 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.
5. Other Terms and Conditions
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.
6. User Conduct
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.
7. Ownership of the Site
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.
8. Third Party Websites and Resources
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.
By subscribing to our newsletter you agree to receive emails from us. The aim of our newsletter service is to keep our you updated about our products and services. The subscription to our newsletters service is optional.
We reserve the sole right to either modify or discontinue the newsletter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. We reserve the sole right to unsubscribe users / visitors from or newsletter service, without notice. We will do so with any subscriber we deem registered with invalid or fake information.
10. Data Charges and Mobile Devices
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.
11. Warranty Disclaimers
We don’t make any guarantees about the Site.
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.
12. Limitation of Liability
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.
14. Dispute Resolution and Governing Law
You are agreeing to the laws of Singapore. If there is a dispute between us, we agree it’ll be resolved through arbitration, with each of us paying our own costs.
- 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.
- Arbitration Rules. 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.
- Sever Ability. 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.
- 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.
16. Contact Information
If you have any questions about these Terms or the Site, please contact us at our Support Email Address.