Terms of Service

服務條款

jap

English 繁体中文
Effective Date: June 1, 2022
Welcome to DigitalConch!
These Terms of Service set out the terms and conditions by which DIGITAL CONCH PTE. LTD. and its affiliates and subsidiaries (individually and collectively, "DigitalConch", "we", "us" or "our") offer:
(a) our mobile games and applications(“DigitalConch Apps”);
(b) this website (“Website”); and
(d) 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”).
This agreement includes DigitalConch’s policy for acceptable use of the Services and content posted on the Website and DigitalConch apps, your rights, obligations and restrictions regarding your use of the Services and DigitalConch’s Terms of Service. DigitalConch hereby specifically reminds you to carefully read these Terms of Service (hereinafter referred to as the "agreement") and all the schedules hereof, to ensure that you fully understand all provisions of the agreement before you register yourself as a user. The additional terms and conditions applicable to the services provided by DigitalConch in which you choose to participate, those are hereby incorporated into this agreement. You may receive a copy of this agreement by emailing us at: service@DigitalConch.com Subject: Terms of Service.
BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR SERVICES.
DigitalConch may modify this agreement from time to time and such modification shall be effective upon being posted on DigitalConch’s official website. You agree to be bound to any changes to this agreement when you use the Services after any such modification is posted. It is therefore important for you to review this agreement regularly and ensure you are updated as to any changes. DigitalConch reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. DigitalConch exclusively reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Services if DigitalConch determines, in its sole discretion, that you pose a threat to DigitalConch and/or it’s affiliates. DigitalConch also reserves the right to change, alter or remove part of or all your added personal information.
DigitalConch may contain inaccurate, inappropriate, offensive or sexually explicit information or any information prohibited under Section 6 of this Agreement (posted by any members of DigitalConch, for instance, in their profiles), and DigitalConch assumes no responsibility or liability for.
1.Eligibility
To create an account on DigitalConch, you must provide us with at least your name, mobile number and/or email address, and a password and agree to the Terms of Service and the Privacy Policy, which governs how DigitalConch treats your information. You may provide additional information during the registration flow (for example, your gender, age, hobbies and etc.) to create your profile and to receive more customized services on DigitalConch.
Any information that you upload or sync with DigitalConch’s services is covered by the Terms of Service. You can remove your synced information at any time. By using the Services, you agree that DigitalConch may collect, use and share your information in accordance with DigitalConch’s Terms of Service, as revised from time to time. By continuing to use the Services after any changes to these Terms of Service, with or without notice from us, you agree to the revised Terms of Service. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the services provided by DigitalConch does not violate any applicable law or regulation.
IF YOU ARE YOUNGER THAN 18 YEARS OLD OR THE RELEVANT "AGE OF MAJORITY" WHERE YOU LIVE, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE "AGE OF MAJORITY" WHERE YOU LIVE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THESE TERMS OF SERVICE ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES, INCLUDING PURCHASES OR OTHER TRANSACTIONS MADE BY THE MINOR IN CONNECTION WITH THE SERVICES, WHETHER THE MINOR'S ACCOUNT IS NOW OPEN OR CREATED LATER AND WHETHER OR NOT THE MINOR IS SUPERVISED BY YOU DURING SUCH PURCHASE OR OTHER USE OF THE SERVICES.
Your profile may be deleted and your membership may be terminated without warning, if DigitalConch believes that you are under 18 years of age or fail to reach the “age of majority” of adulthood under your national laws.
2.Privacy
Your privacy is very important to us. To better protect your rights, we have provided the DigitalConch’s Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how DigitalConch collects and uses the information associated with your Account and/or your use of the Services. By accessing or using the Services or agreeing to these Terms of Service, you consent to DigitalConch 's collection, use, disclosure, processing and/or transfer of your Content and personal data as described in the Privacy Policy.
3.Accounts and Security
3.1
Some functions of our Services 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 DigitalConch, in its sole discretion, finds offensive or inappropriate, DigitalConch has the right to suspend or terminate your Account.
3.2
Your Account is non-transferable and only for your personal use. You may not authorize any third parties to access or use your Account for any purpose whatsoever or try to transfer the Account or associated Virtual Currency and/or Virtual Items to any third party in any manner.
3.3
You may be able to use your Account to gain access to other products, websites or services, including those offered by third parties, to which we have enabled access or with which we have, contracted, tied up or collaborated. DigitalConch has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies may also apply to your use of those products, websites or services.
3.4
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, (c) ensure that you will not to use the account, User ID, or password of another member at any time or to disclose your password to any third party,(d) immediately notify us via service@DigitalConch.com of any unauthorised use of your User ID and/or password or any other breach of security or non-compliance with these Terms of Service or applicable laws, and (e) ensure that your Account information is accurate and up-to-date. 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. DigitalConch will not be liable for any loss or damage arising from unauthorised use of your User ID, password, or Account or your failure to comply with this Section. You are entirely responsible for maintaining the confidentiality of your password.
3.4
You agree that DigitalConch 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 Services any Content associated with your Account and User ID. Grounds for such termination may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) violation of any applicable law, (d) fraudulent, harassing, defamatory, threatening or abusive behaviour or (e) behaviour that is harmful to other uUsers, third parties, or the business interests or reputation of DigitalConch or that may otherwise subject DigitalConch to legal or regulatory action. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim (under any cause of action whatsoever) either against DigitalConch, or which in any way involves DigitalConch, then DigitalConch may terminate your Account.
3.6
If your Account is or remains inactive (which means you have not logged into or used your Account) for more than 12 months, DigitalConch has the right to delete or deactivate your Account and all Virtual Currency and Virtual Items (as defined below) in your Account shall be forfeited and no refunds will be made in respect of the same to the fullest extent authorized by law.
3.7
You may only use the Services and/or open an Account if your applicable jurisdiction allows you to accept these Terms of Service.
Subject to your compliance with these Terms, DigitalConch hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, any the Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DigitalConch or its licensors, except for the licenses and rights expressly granted by these Terms.
4.Limited license
Subject to your compliance with these Terms, DigitalConch hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, any the Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DigitalConch or its licensors, except for the licenses and rights expressly granted by these Terms.
Illegal and/or unauthorized use of the services provided by DigitalConch, including collecting usernames, phone number and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the DigitalConch website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the services provided by DigitalConch.
5.Proprietary rights in Content on DigitalConch
By displaying or publishing (posting) any content on or through the services provided by DigitalConch, you hereby grant to DigitalConch a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the services provided by DigitalConch.
You represent and warrant that: (i) you own the content posted by you on or through the services provided by DigitalConch or otherwise have the right to grant the license set forth in this section, and (ii) the posting of content by you on or through the services provided by DigitalConch does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the services provided by DigitalConch.
The services provided by DigitalConch contain content generated by DigitalConch which is protected by copyright, trademark, patent, trade secret and other laws, and DigitalConch owns and retains all rights in the content generated by DigitalConch and the services provided by DigitalConch. DigitalConch hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the content generated by DigitalConch (excluding any software code) solely for your personal use in connection with viewing the DigitalConch website and using the services provided by DigitalConch. Any liability raising from your inappropriate use of DigitalConch’s content shall be borne by you.
The services provided by DigitalConch contain content of members and other right licensors. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the services provided by DigitalConch.
6.Terms of use
6.1
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 DigitalConch to effect such termination.
6.2
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, harassing, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(2)
use the Services to harm minors or make available Content that is harmful to children or minors in any way;
(3)
upload, post, email, transmit or otherwise make available any Content that violates the rights, including any patent, trademark, copyright, intellectual property or other propriety rights, of any party
(4)
use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(5)
forge headers or otherwise manipulate identifiers in order to disguise or mislead as to the origin of any Content or communications transmitted through the Services;
(6)
remove any proprietary notices from the Services;
(7)
cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of DigitalConch;
(8)
use the Services for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
(9)
use the Services for fraudulent or unlawful purposes, including for any purposes relating or encouraging money laundering or gambling or otherwise inconsistent with, or contrary to, applicable laws;
(10)
attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof) or any network connected with the Services, or to attempt to breach, defeat or overcome any authentication measures, encryption technology or security measures implemented by DigitalConch with respect to the Services, any network connected to or associated with the Services, and/or any data transmitted, processed or stored by DigitalConch;
(11)
upload, post, email, transmit or otherwise make available any Content containing any software viruses or any other computer code, file or program designed to interrupt, destroy, alter and/or limit the functionality of the Services and/or any computer resource belonging to DigitalConch or its Users;
(12)
upload, post, email, transmit or otherwise make available any Content that threatens the unity, integrity, defence, security or sovereignty of the nation or jurisdiction from which you are accessing or using the services, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to other nations;
(13)
attempt to solicit, harvest or collect any information about or regarding other Users or Account holders, including without limitation any personal data, account information, passwords or other information;
(14)
attempt or gain unauthorized access to any portion or feature of the Services including any other User’s account;
(15)
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);
(16)
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;
(17)
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;
(18)
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;
(19)
use any modified, hacked, or other unauthorized version of the Services, including to cheat, gain unfair advantage relative to other Users, or for any other purpose;
(20)
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other uUsers of the Services are able to type, or otherwise act in a manner that negatively affects other uUsers' ability to engage in real time exchanges;
(21)
interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(22)
take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(23)
use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including without limitation laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(24)
use the Services 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;
(25)
make, enable, cause or permit, any transactions (including payments or financial transactions) that you are not authorized to;
(26)
create, access or use multiple Accounts to with respect to any single App or Service;
(27)
attempt to sell or transfer your Account or any associated Virtual Currency and/or Virtual Items to any third party in any manner;
(28)
use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(29)
facilitate or encourage any violation of these Terms of Service or our other policies, including the Privacy Policy, as amended from time to time; and/or
(30)
use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above.
6.3
The following is a partial list of the kind of content/activities that is illegal or prohibited to post on or through the services provided by DigitalConch. DigitalConch reserves the right to investigate and take appropriate legal action against anyone who, in DigitalConch’s sole discretion, violates this provision, including without limitation, removing the offending communication from the services provided by DigitalConch, terminating the membership of such violators and filing a lawsuit for DigitalConch’s loss, if any, caused thereby. Prohibited content includes, but is not limited to content that, in the sole discretion of DigitalConch:
prohibited content:
(1)
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(2)
(2)violates any patents;
(3)
harasses or advocates harassment of another person;
(4)
exploits people in a sexual or violent manner;
(5)
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(6)
solicits personal information from anyone under 18;
(7)
provides any telephone numbers, street addresses, last names, URLs or email addresses;
(8)
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(9)
promotes an illegal or unauthorized copy of another person’s copyright work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(10)
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming” or “spamming”;
(11)
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(12)
promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(13)
solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
(14)
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(15)
includes a photograph of another person that you have posted without that person’s consent; or
(16)
uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile such as pictures of celebrities.
prohibited activities:
(1)
criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of malicious or harmful files, copyright infringement, patent infringement, or theft of trade secrets;
(2)
advertising to, or solicitation of, any member to buy or sell any products or services through the use of services provided by DigitalConch, transmission of any chain letters or junk email to other members. It is also a violation of these rules to use any information obtained from the services provided by DigitalConch in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
(3)
covering or obscuring the banner advertisements on your personal profile page, or any DigitalConch page via HTML/CSS or any other means;
(4)
any automated use of the system, such as using scripts to add friends or send comments or messages;
(5)
interfering with, disrupting, or creating an undue burden on the services provided by DigitalConch or the networks or services connected to the services provided by DigitalConch;
(6)
attempting to impersonate another member or person;
(7)
using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
(8)
selling or otherwise transferring your profile;
(9)
using any information obtained from the services provided by DigitalConch in order to harass, abuse, or harm another person;
(10)
playing an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the services provided by DigitalConch on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
(11)
using the services provided by DigitalConch in a manner inconsistent with any and all applicable laws and regulations.
6.4
DigitalConch may delete any content that in the sole judgment of DigitalConch violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. DigitalConch assumes no responsibility for monitoring the services provided by DigitalConch for inappropriate content or conduct. If at any time we chooses, in its sole discretion, to monitor the services provided by us, DigitalConch nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
6.5
You are solely responsible for the content that you post on or through any of the services provided by DigitalConch, and any material or information that you transmit to other members and for your interactions with other members. DigitalConch does not endorse and has no control over the content. Content is not necessarily reviewed by DigitalConch prior to posting and does not necessarily reflect the opinions or policies of DigitalConch. DigitalConch makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.
6.6
In the event your Account is deleted or deactivated in accordance with the preceding Clause 6, all Virtual Currency and Virtual Items (as defined below) in your Account shall be forfeited and no refund will be made in respect of the same to the fullest extent permitted by law.
6.7
You acknowledge, consent and agree that DigitalConch may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over DigitalConch or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these 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 DigitalConch, its Users, and/or the public.

7.Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. According to DigitalConch’s policies, this would lead to termination of your membership privileges of if you repeatedly infringe the copyrights of others upon receipt of proper notification to DigitalConch by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on theServices in a way that constitutes copyright infringement, please provide the following information by sending it to legal@DigitalConch.com : (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the services provided by DigitalConch; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement made by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

8.Member Disputes

You are solely responsible for your interactions with other members of DigitalConch. DigitalConch reserves the DigitalConch, but has no obligation, to monitor disputes between you and other members.

9.Virtual Items and Virtual Currency

In connection with some of the games and other Services, you are offered the option to purchase of DigitalConch Diamonds, coins, or other in-game virtual currency("Virtual Currency"), virtual in-game items or skins or other entitlements available via the Services(“Virtual Items”). DigitalConch owns, has licensed, or otherwise has the rights to use all appearing or originating in the Services and DigitalConch Apps, including vitual items and vitual currency.
Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in DigitalConch Apps, and they have no “real world” value. By purchasing or receiving Virtual Items and Vitual Currency all that you receive is a limited license to use them in DigitalConch Apps by these Terms or such other terms as may apply; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you. The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice.
You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency, except only that where allowed you can exchange, within the Services and DigitalConch Apps, those Virtual Items and Virtual Currency that cannot be purchased with “real world" money ("Tradable Items") for other Tradable items so long as no money or anything of monetary value is paid or given for Tradable items; any other purported or attempted exchange is strictly prohibited. Virtual items and Virtual Currency may never be redeemed by you for“real world" money, goods, wares, merchandise, services, or anything of monetary value from DigitalConch or any other person.

10.Charges and Payments

10.1
Depending on your jurisdiction and the Services you elect to purchase, you may from time to time make payments to us or to other third parties.If you do elect to make such purchases or otherwise incur charges in connection with your use of the Services, you agree to pay that charge in order to receive such Virtual Currency, Virtual Items, or to receive access to and/or the benefits of such Services. The price stated for the Virtual Currency, Virtual Items, and/or Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel any transaction and/or your access to the Services if we do not receive full payment from you within the stipulated due date for payment. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your Account and its Content.
10.2
Generally, to pay the charges for any Virtual Currency, Virtual Items or other Service, you will be asked to select a payment method before you complete your purchase or at the time you initiate the transaction sign up for that Service. In many cases, Virtual Currency or other Services may also be purchased directly from certain authorized third parties. Payments for Virtual Currency, Virtual Items, or other Services may also be processed via third-party payment service providers. In such cases, the purchase of Virtual Currency, Virtual Items or other Services from such third parties or via such third party payment service providers is governed by their own respective terms and conditions, privacy policies. and the applicable laws of the jurisdiction where such purchases are being made.
10.3
10.3We may change the price of Virtual Currency, Virtual Items and/or any Service at any time. If there is a fixed term and price for your Service offer, that price will remain in force for the duration of that term.
10.4
Your right to use any Virtual Currency or Virtual Items is a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable license to use such Virtual Currency and Virtual Items solely for your personal entertainment and non-commercial use in the Services only. Once purchased, any purchased Virtual Currency or Virtual Items will be valid indefinitely unless fully used or redeemed within the Services, until your Account is terminated for any reason or if we are no longer able to legally service your Account (for example, if you withdraw your consent for us to use your personal data). If your Account is or remains inactive (which means you have not logged into your Account) for more than 12 months, DigitalConch has the right to delete or deactivate your Account and all Virtual Currency and Virtual Items in your Account shall be forfeited in accordance with Clause 3.6 above.
10.5
Virtual Currency and Virtual Items have no monetary value and have no value outside of the Services. Virtual Currency and Virtual Currency cannot be sold, traded, transferred, redeemed, or otherwise exchanged for cash or other goods or services outside of the DigitalConch Apps and Services. Virtual Currency may be only redeemed for Virtual Items or other entitlements available via DigitalConch Apps and Services.
10.6
Unless otherwise provided by applicable law or by the express terms of a Service offer, all purchases for Virtual Currency, Virtual Items or other Services are final and non-refundable. Once you redeem any Virtual Currency for a Virtual Item or other entitlement, that Virtual Item or other entitlement is final and not returnable, exchangeable, or refundable. You may cancel any Services at any time, but all pre-payments and all purchased of any Virtual Currency, Virtual Items or other Services are strictly non-refundable. If you made such a purchase from an authorized third party or otherwise made payment via a third party payment service provider, you may also need to consult those third parties’ respective terms and conditions for additional information regarding their respective policies for refunds.

11.Membership subscriptions

11.1
In certain jurisdictions and subject to applicable law, we may offer membership subscription plans in our Apps (“Subscriptions”). Subscriptions may be weekly, monthly or such other recurring period as determined by us and notified in our Apps (“Subscription Period”).
11.2
Subscriptions may be purchased by paying the fee specified in DigitalConch Apps (“Subscription Fee”) and are subject to the terms and conditions in Clause 10 above and the additional terms and conditions published within DigitalConch Apps. When making a purchase, you should confirm the category, quantity, duration, automatic renewal term (if optional), etc., of the service to be purchased according to your actual requirements. By making the payment, the same will be confirmed, and you may not request a modification or refund in the absence of just causes specified by law or the Agreement.
11.3
Subscriptions will be automatically renewed for further Subscription Periods, and you will be charged the Subscription Fee, at the end of each Subscription Period until cancelled by you before the renewal date. As we will not notify you prior to such renewal, you are advised to monitor your Subscriptions.
11.4
If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed until you cancel the subscription. If you have purchased the value-added service at the unadjusted rates, you will not be affected by the possible price adjustment in the period of validity of the value-added service purchased, and you do not need to pay extra money; however, that you are required to make the payment at the latest list price on the purchase page during next purchase or auto-renewal. If you do not wish your subscription to renew automatically, you may follow the guidelines. If you fail to cancel auto-renewal at least 24 hours prior to the end of the subscription period, you will be deemed to accept that DigitalConch continues to make the charge in accordance with the agreement and by the auto-renewal cycle you choose. If you stop using DigitalConch within the period of validity of the value-added service, DigitalConch shall not be responsible for refunding the corresponding service fee for the remaining period. Deleting your account on DigitalConch or deleting the DigitalConch Apps from your device would not cancel your subscription.
11.5
You may cancel your Subscription at any time through Google Play or, the Apple App Store, or other app store through which you have enabled your Subscription (as the case may be) in accordance with the applicable terms of service. Upon cancellation, your Subscription shall not be renewed and shall expire on the last day of the Subscription Period. In the event your Subscription Fee or any part of it is refunded, we reserve the right to pro-rate or deduct any Virtual Currency or Virtual Items previously granted by us in the Subscription Period prior to your cancellation taking effect.
11.6
We may allow you to subscribe for more than one Subscription at a time. Subscriptions may have limited availability. Once Subscriptions are fully subscribed, they may no longer be made available for purchase. We reserve the right to make changes to our Subscriptions at any time.

12.Disclaimers

DigitalConch is not responsible for any incorrect or inaccurate content posted on the DigitalConch website or in connection with the services provided by DigitalConch, whether caused by users or by any of the equipment or programming associated with or utilized in the services provided by DigitalConch.
Profiles created and posted by users on the Website and DigitalConch Apps may contain links to other websites. DigitalConch is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by DigitalConch. Inclusion of any linked website on the services provided by DigitalConch does not imply approval or endorsement of the linked website by DigitalConch. When you access these third-party sites, you do so at your own risk. DigitalConch takes no responsibility for third party advertisements which are posted on the Website and DigitalConch Apps or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. DigitalConch is not responsible for the conduct, whether online or offline, of any user of theServices. DigitalConch assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication between members. DigitalConch is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the services provided by DigitalConch or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the services provided by DigitalConch. Under no circumstances shall DigitalConch be responsible for any loss or damage, including personal injury or death, resulting from use of the services provided by DigitalConch, attendance at an event organized or sponsored by DigitalConch, from any content posted on or through the services provided by DigitalConch, or from the conduct of any members of DigitalConch, whether online or offline. The services provided by DigitalConch are provided “AS-IS” and as available and DigitalConch expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DigitalConch cannot guarantee and does not promise any specific results from use of the services provided by DigitalConch.

13.Limitation on Liability

In no event shall DigitalConch be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if DigitalConch has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, DigitalConch’s liability to you for any cause whatsoever and regardless of the form of the action,WILL AT ALL TIMES BE LIMITED TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE (3) MONTHS PRIOR TO YOUR MAKING A CLAIM AGAINST DIGITALCONCH. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation. DigitalConch shall not be liable to any damages or losses caused by your or a third party’s actions, including but not limited to infringement, such as payment service or internet access service by any third party.

14.Disputes

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 DigitalConch 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.

15.Indemnity

You agree to indemnify and hold DigitalConch, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the services provided by DigitalConch in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the DigitalConch website or through the services provided by DigitalConch causing DigitalConch to be liable to another.

16.Other

This Agreement is accepted upon your use of the DigitalConch website, or software, or any of the services provided by DigitalConch and is further affirmed by you becoming a member. This agreement constitutes the entire agreement between you and DigitalConch regarding the use of the services provided by DigitalConch. The failure of DigitalConch to exercise or enforce any DigitalConch or provision of this Agreement shall not operate as a waiver of such DigitalConch or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions. DigitalConch reserves the DigitalConch of interpretation and amendment hereof. Please contact us at: service@DigitalConch.com with any questions regarding this agreement.
DIGITAL CONCH PTE. LTD.