Terms

1. Services

1.Gameclub provides one or more websites Gameclub, which may include functionalities such as application portals, applications, and other mobile gaming features (collectively, this gaming service, this websites, and this functionality are referred to as the “Services”).

2.Any sweepstakes, contest, raffle and/or other promotion made available through the Services (“Promotions”) may be governed by specific rules that Gameclub establishes that are separate from this Terms of Use (“Individual Rules”). By participating in any such Promotion, you agree to become subject to those other Individual Rules, which may vary from the terms and conditions set forth in this Terms of Use. With respect to any Promotion, if there is any inconsistency between the provisions of this Terms of Use and the Individual Rules, the provisions of the Individual Rules shall prevail.

2. Using Services

1.You agree that Gameclub may, in connection with the operation of the Services and at its sole discretion, send you messages to your registered phone numbers that constitute notices, advertisements and/or other announcements.

2.You may be required to register in order to access the Services and certain areas of the Services. Such registration and use of the basic functions of the Services is free of charge up to a certain amount of memory on the Services separately specified by Gameclub. With respect to any registration, Gameclub may refuse to grant you, and you may not use, any log-in information, including but not limited to a phone number, that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that Gameclub rejects for any other reason in its sole discretion. You will not hold more than one account at any given time, except if you are a “Guest User”(as defined in the Privacy Policy). You may not register an account on behalf of any other individual. You represent and warrant that all information that you submit in connection with any registration (including, without limitation, information related to your identity) is accurate and complete; that you have not been previously restricted from accessing or using any of the Services; and that you are at least 13 years of age. You are responsible for managing, and keeping accurate and updated the information that you enter when registering for the Services, including, without limitation, your email address, phone number and password. In addition, you are not permitted to interfere with the registration of your actual IP address through the use of a Virtual Private Network (or “VPN”) or otherwise. Gameclub is not liable for any loss or damages incurred by you related to any inaccurate or non-updated information or such interference with your registration.

3.Gameclub reserves the right, but is not obligated, to monitor any content, materials, postings, email messages or other information (whether or not made available to other users of the Services, and including but not limited to the content of user email) that you submit, post, or transmit when using the Services, including the content of email messages submitted by you through the Services. Gameclub may, in its sole discretion and without obligation, conduct audits of the same. Gameclub also may, in its sole discretion, delete such content, materials, postings, email messages and/or other information and/or make all and/or part of such content, materials, postings, email messages and/or other information inaccessible to you and/or other users of the Services, in each case without providing advance notice to you. If Gameclub determines that it is necessary to protect the Services or other rights and assets of Gameclub, or the life, body, or property of a third party, Gameclub may disclose or provide such content, materials, postings, email messages and other information to a public institution, such as a court, law enforcement agency, or the like.

4.You are responsible for the telecommunication and other costs that arise in conjunction with your access to and use of the Services.

3. User Management Obligations

1.Passwords

a. Your log-in information and password are for your personal use only, and not for use by any other person. You may not make public, disclose, sublicense, lease, lend, sell, gift, bequeath, trade, establish a security interest on, transfer or provide use or access to any log-in information or passwords or associated account settings (including any game-related information), except as expressly provided by Gameclub, and any such act or attempted act is prohibited and void. You shall not attempt to use or access the Services with any log-in information or password that you did not personally register with Gameclub.

b. You are responsible for maintaining the confidentiality of any password that you may use to access the Services, and Gameclub may deem the person using the Service with an account with registered password to be the person who registered the account. You are fully responsible for all interaction with the Services that occur in connection with your log-in information and/or password. You agree to immediately notify Gameclub of any unauthorized use of your log-in information and/or password or any other breach of security related to your account or to the Services, and to use reasonable efforts to remedy such breaches (including any breaches relating to known or suspected copyright infringement in connection with the Services), and to ensure that you “log off”/exit from your account with the Services (if applicable) at the end of each session. Gameclub is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

c. In the event that Gameclub or a third party incurs losses or damages due to the unauthorized use of your log-in information and/or password, you will indemnify and hold harmless Gameclub and its affiliates and its and their respective directors, officers, employees, agents, successors and assigns (collectively, “Gameclub Indemnified Parties”) and each such third party for such losses or damages.

2.Communities

a. A “community” is a message board where users of the Services can exchange opinions about specific topics. A community may be managed by a user of the Services and may have functions that enable such manager to control other users’ eligibility to participate in the community. You acknowledge and agree that Gameclub does not endorse and is not responsible or liable for any content, products, information or other materials on and/or available through the communities.

b. If you create or manage a community, you are obligated to manage the content posted by other users of the Services to such community. For purposes of this Terms of Use, such content will be treated as if it were posted or modified by you.

c. If you are a community manager, you may appoint another user of the Services to be the new manager, in which case, such newly appointed manager succeeds to your obligations as the community manager.

d. Gameclub may, in its sole discretion, close or otherwise remove a community and/or change the community manager, including, without limitation, in the event that (i) the community manager leaves the community without a successor community manager, (ii) the community manager’s account is suspended or terminated, or (iii) Gameclub determines that the purpose and/or usage of a community violates this Terms of Use.

4. Privacy Policy; Information on the Services

1.Personal information and other information that you submit, post and/or transmit through the Services shall be subject to the terms and conditions of Gameclub’s privacy policy (http://www.gameclub.co.id) (the “Privacy Policy”) which are incorporated herein by this reference.

2.Gameclub attempts to ensure that information provided by Gameclub through the Services is complete, accurate and current. Despite such efforts, the information provided by Gameclub through the Services may occasionally be inaccurate, incomplete and/or out of date. Gameclub makes no representation as to the completeness and accuracy of any information available on and/or through the Services, and you agree that Gameclub will not be liable for your use of and/or reliance on such information.

5. Intellectual Property Rights

1.Submissions. For any information, content and/or materials (such as text, graphics, images, photographs, videos, audiovisual works, voice, music, audio works and other materials) you submit and/or post in and/or through the Services (each, a “Submission”), you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section (including, without limitation, as applicable, that the requisite permissions have been obtained from the holder of any rights in the Submission), and that such Submission, and your provision thereof to and/or through the Services, complies with all applicable laws, rules and regulations. You may only submit and/or post Submissions that comply with the foregoing representation and warranty.

2.License. You (or the applicable holder of any rights in the Submission) retain ownership of each Submission, including the copyrights to such Submission. However, for each Submission, you hereby grant to Gameclub and its service providers and designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), fully paid up and royalty-free, perpetual, irrevocable right and license, without compensation to you and/or anyone else, covering all the following matters, unless otherwise specified in the terms applicable to an individual service: to use, reproduce, distribute, adapt (including, without limitation, edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

3.Ownership. Except for the Submissions that users of the Services post and/or modify by using the Services pursuant to this Terms of Use, the information and materials made available through the Services, including the Services themselves, are and will remain the property of Gameclub and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Terms of Use, and solely for so long as you are permitted by Gameclub to access and use the Services, you may view one (1) copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary rights notices. Except as expressly authorized in advance in writing by Gameclub, you agree not to reproduce, transfer, translate, alter, reprint, publicly transmit (including, without limitation, making available for public transmission), forward, distribute, publish, modify, rent, loan, license, sell and/or create derivative works based (whether in whole or in part) on, all or any part of the Services or any materials made available through the Services.

6. Suspension of Account

If Gameclub determines that one or more of the following circumstances applies or has arisen with respect to your registration to use the Services, without limiting Gameclub’s other rights and remedies, Gameclub may refuse to register your account and/or may suspend and/or terminate your account and/or implement countermeasures, such as by not permitting a re-registration:

1.You previously violated this Terms of Use;

2.Your registration is associated with an invitation from a person who previously violated this Terms of Use;

3.Your registration information may be construed as impersonating Gameclub or a third party;

4.Your registration information contains any expressions that defame, slander or incite hatred of third parties or that would disrupt public order and good morals; and/or

5.Gameclub otherwise determines that the registration is inappropriate.

7. Withdrawal

1.If you stop using the Services and wish to renounce your registration (and associated log-in information and password), you will be deemed to have withdrawn from the Services upon your submission to Gameclub of an application to withdraw in accordance with Gameclub’s specified method.

2.After you withdraw from the Services, Gameclub may, but shall have no obligation to, continue to retain any information related to you (such as your personal information and/or any and all data regarding your content). If you re-register for the Services, Gameclub has no obligation to make available to you any information related to your prior registered account.

8. Code of Conduct

1.While using the Services, you agree to comply with all applicable laws, rules and regulations and you agree to respect the rights and dignity of others. Without limiting the foregoing, while using the Services, you agree not to conduct any act that infringes copyright, trademark, privacy, publicity or any other right of any third party (regardless of whether such third party is an individual or corporate entity, or private person or public figure, and regardless of whether the third party is identified by a user ID, nickname and/or name [real or fictitious]). In addition to the other terms and conditions of this Terms of Use, your use of the Services is conditioned upon your compliance with the code of conduct set forth in this Section 8. Your failure to comply with such rules may result in the suspension or termination of your right to access and use the Services, without advance notice. Gameclub also may, in its sole discretion and without advance notice, remove or cease making available content related to your failure to comply with such rules. In such cases, no questions or complaints with respect to the consequences of the deletion or use suspension measures will be accepted.

2.You agree that you will not:

a. Post, transmit, or otherwise make available, through or in connection with the Services:

(i) Anything that is or may be (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary rights without the express prior consent of the owner of such right; (f) related to alcohol or the sale of tobacco products, ammunition, or firearms; or (g) related to wagering or gambling.

(ii) Any material that would give rise to criminal or civil liability; that encourages conduct that would constitute a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”

(iii) Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is potentially harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

(iv) Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” or investment opportunity, or any other form of solicitation.

(v) Any material, non-public information about a Gameclub without the proper authorization to do so.

b. Use the Services for any fraudulent or unlawful purpose.

c. Transfer (in whole or in part) any right to use the Services, unless such transfer is expressly authorized in writing by the Gameclub.

d. Exchange (in whole or in part) any right to use the Services for any cash, property or any property benefits, or advertise, notice or solicit the making of any such exchange.

e. Attempt to gain for yourself or any other person any unfair advantage with respect to the use of the Services, including by using cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software, or by exploiting any bugs or errors in the Services. You also agree not to inform any person (other than Gameclub) of such bugs or errors.

f. Use the Services in connection with designing or assisting in the design of cheats, automation software, bots, hacks, mods, or any other unauthorized third-party software.

g. Use the Services to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Services.

h. Impersonate any person or entity (whether real or fictional), including without limitation any representative of Gameclub; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services; provide a false birth date or country of residence when registering ; or express or imply that Gameclub endorses any statement that you make.

i. Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by taking any action that imposes an unreasonable or disproportionately large load upon the Services or upon such servers or networks; or violate any requirements, procedures, policies, or regulations of such networks.

j. Restrict or inhibit any other person from using the Services (including without limitation by hacking or defacing any portion of the Services).

k. Use the Services to advertise or offer to sell or buy any goods or services.

l. License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services.

m. Modify, adapt, make derivate works of, translate, reverse engineer, decompile, or disassemble any portion of the Services.

n. Remove any copyright, trademark, or other proprietary rights notice from the Services or materials originating from the Services.

o. Frame or mirror any part of the Services without Gameclub’s express prior written consent.

p. Create a database by systematically downloading and storing information and materials available on or through the Services.

q. Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather information and materials available on or through the Services or reproduce or circumvent the navigational structure or presentation of the Services without Gameclub’s express prior written consent.

r. Post expressions relating to suicide or other forms of self-inflicted harm.

s. Commit any act that Gameclub determines will adversely affect minors.

t. Commit any act Gameclub determines the main purpose of which is to seek or solicit dating or other social encounters.

u. Post expressions that may lead to discrimination based upon ethnic groups, race, gender, age or other factors.

v. Provide or offer to provide medical care, whether for profit or non-profit purposes.

w. Engage in or promote any political or religious discussions or activities.

x. Re-register or attempt to re-register for the Services, if you have been removed from the Services as a result of having engaged in or promoting any prohibited activities, whether intentionally or unintentionally.

y. Commit any other act that is reasonably determined by Gameclub to be inappropriate.

In addition, you warrant that you are not a member of any criminal organization or any other anti-social force and you have no business relationship or any other relationship with any anti-social force.

9. Use of Coins and Digital Media

1.The purchase and use of Coins are governed by the terms and conditions of the Gameclub Coin Terms of Use (http://www.gameclub.co.id) and incorporated herein by this reference. “Coins” means the points that can only be used in the Services for the purpose of using digital content provided by Gameclub or providers approved by Gameclub.

2.The use of digital content provided by third parties through the Services is subject to the terms and conditions of the Digital Content Policy (http://www.gameclub.co.id) and incorporated herein by this reference.

10. Third Party Services

1.The Services may provide you with links to third party websites and third party applications and other products and services. Your use of the websites, applications and other products and services of such third parties are subject to such third parties’ terms of use agreement and privacy policy, not this Terms of Use or Gameclub’s Privacy Policy. You acknowledge and agree that Gameclub is not, and will not be, responsible or liable for such third parties’ websites, applications and other products and services, or any acts or omissions of such third parties. You acknowledge and agree that Gameclub does not endorse and is not responsible or liable for any content, advertising, products or other materials on and/or available through such third party websites and third party applications and other products and services.

2.Other websites may provide links to the Services with or without Gameclub’s authorization. You acknowledge and agree that Gameclub does not endorse such websites, and is not and will not be responsible or liable for any links from those websites to the Services, any content, advertising, products and/or other materials available on or through such other sites, and/or any loss and/or damages incurred by you in connection therewith. Gameclub will have the right, at any time and in its sole discretion, to block links to the Services through technological or other means without prior notice.

3.YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY APPLICATIONS, CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS AND/OR OTHER MATERIALS ON AND/OR AVAILABLE THROUGH SUCH THIRD PARTY WEBSITES AND/OR RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

11. User Liabilities and Exemption of Gameclub Liability

1.Gameclub, in its sole discretion and without notice to you, may change, suspend or discontinue the Services. In addition, Gameclub, in its sole discretion and without notice to you, may terminate your access to and/or use of the Services, at any time and for any reason or no reason, including if Gameclub believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Use. Upon any such termination, your right to use the Services will automatically and immediately cease. You agree that any termination of your access to and/or use of the Services may be effected without prior notice, and that Gameclub may immediately deactivate and/or delete your log-in information and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Gameclub will not be liable to you and/or any third party for any change, suspension or termination of the Service or for any termination of your access to any information and/or files related to the Services, and will not be required to make such information and/or files available to you after any such termination. The terms and conditions of the following Sections of this Terms of Use shall survive the expiration or earlier termination hereof: Sections 4, 5.2, 5.3, 10, 11, 12, 13, 14 and 15.

2.Even if descriptions such as “get,” “buy” and/or “purchase” are used for the Services provided to you, you will only have the right to use the Services within the prescribed scope in the Services and will not obtain any ownership, intellectual property right and/or other rights in and/or to the Services, all of which are retained by Gameclub and its licensors.

12. Dispute with Third Parties

1.If a dispute arises between you and any third party (including other users of the Services) with respect to your use of the Services, you (and not Gameclub) will be responsible to resolve the dispute, and you will indemnify and hold harmless Gameclub Indemnified Parties for any claims, losses, liabilities, damages, costs and expenses (including, without limitation, attorney fees and other costs) incurred by any such Gameclub Indemnified Parties arising out of or related to such dispute.

2.In addition to the preceding paragraph, you (and not Gameclub) will be responsible for resolving all claims and demands that arise as a result of and/or in relation to any Submissions posted and/or modified by you in connection with your use of the Services, including, without limitation, with respect to your breach of this Terms of Use and/or your infringement of any third party’s rights.

3.You will indemnify and hold harmless Gameclub Indemnified Parties for any claims, losses, liabilities, damages, costs and expenses (including, without limitation, attorney fees and other costs) incurred by any such Gameclub Indemnified Parties arising out of and/or related to your infringement (and/or the allegation of your infringement) of a third party’s rights.

13. Governing Law, Arbitration, Jurisdiction

1.The following governing law and jurisdiction provisions shall apply. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS TERMS OF USE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY OR ANY ASPECT OF THE RELATIONSHIP BETWEEN US, SHALL BE RESOLVED BY ARBITRATION BEFORE A NEUTRAL ARBITRATOR IN THE PHILIPPINES IN ACCORDANCE WITH THE PHILIPPINE DISPUTE RESOLUTION CENTER, INC. (PDRCI) RULES.. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the terms and conditions of this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

14. Severability of Laws

If any provision of this Agreement is found to conflict with the laws of the relevant jurisdiction and/or is found to be not legally binding upon any person, that provision will be deemed invalid but only to the extent that it is found to conflict with such laws and/or is found to be not legally binding and provided that all other provisions of this Terms of Use will remain in full force and effect.

15.Miscellaneous Provisions

1.Disclaimers; No Warranties

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING ANY CONTENT, APPLICATIONS, OR MATERIALS PROVIDED THEREUNDER, ARE PROVIDED ON AN “AS IS” BASIS AND GAMECLUB HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING: (A) GAMECLUB CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES AND GAMECLUB SPECIFICALLY DISCLAIMS ALL CLAIMS AND WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE,OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE; (B) GAMECLUB DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, GAMES, CONTENT, DATA OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH APPLICATIONS, GAMES, CONTENT, DATA OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE AND OTHER MALICIOUS CODE; (C) YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, ACCESS OR OTHERWISE OBTAIN APPLICATIONS, GAMES, CONTENT, DATA AND MATERIALS FROM THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY PROBLEMS, TECHNICAL MALFUNCTION, HARM OR OTHER DAMAGES TO YOUR MOBILE PHONE OR MOBILE DEVICE OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT THEREFROM; (D) GAMECLUB IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY MOBILE PHONE OR MOBILE DEVICE, 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 OR COMBINATION THEREOF, INCLUDING ANY INJURY OR HARM TO USERS OR TO ANY MOBILE PHONE, MOBILE DEVICE OR COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES; (E) UNDER NO CIRCUMSTANCES WILL GAMECLUB BE RESPONSIBLE FOR ANY USER SUBMISSIONS POSTED ON OR THROUGH THE SERVICES, INCLUDING ANY LOSS, HARM, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF SUCH USER SUBMISSIONS; AND (F) GAMECLUB IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SUCH EXCLUSIONS AND DISCLAIMERS WILL NOT APPLY TO YOU, IN WHICH CASE THE WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES. THE EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION 15.1 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICES.

2.Limitation of Liability

IN NO EVENT WILL THE GAMECLUB, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM USERS’ USE OF THE SERVICES, EVEN IF GAMECLUB IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, GAMECLUB’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US$100). TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU, IN WHICH CASE GAMECLUB’S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 15.2 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICES.

3.Indemnification

You agree to indemnify and hold harmless Gameclub Indemnified Parties for any claims, losses, liabilities, damages, costs and expenses (including, without limitation, attorney fees and other costs) incurred by any such Gameclub Indemnified Parties arising out of and/or related to, (a) your use of the Services, (b) your breach of this Terms of Use, including your breach of any covenant, representation, warranty, term or condition set forth herein, and/or (c) your violation of any law or regulation or of any third party rights, including any third party intellectual property rights. The obligations set forth in this Section 15.3 will survive any termination or expiration of your account or your use of the Services.

4.General Provisions

a. You agree to be responsible for obtaining and maintaining all mobile devices and any other equipment needed for access to and use of the Services, and all charges related thereto.

b. Upon Gameclub’s request, you will provide to Gameclub any documentation, releases or other materials necessary to verify your compliance with this Terms of Use.

c. The information and materials provided on the Services are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Gameclub to any registration requirement within such jurisdiction or country.

d. Gameclub’s failure to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision. No waiver by Gameclub of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

e. You understand and agree that if any provision of this Terms of Use is found by a court of competent jurisdiction to be invalid, the other provisions of this Terms of Use shall remain in full force and effect.

f. You shall not assign this Terms of Use to another person or entity without Gameclub’s prior written consent. Gameclub may assign this Terms of Use to another person or entity without your prior written consent.

g. Gameclub shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to acts of God, war, acts of civil or military authorities, terrorism, riots, embargoes, strikes, or energy shortages.

h. You agree that this Terms of Use will not be construed against Gameclub by virtue of it having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Terms of Use and the lack of a requirement that this Terms of Use must be signed.

i. This Terms of Use, the policies and rules referenced in this Terms of Use (including Gameclub’s Privacy Policy), and any additional policies and rules published by Gameclub, constitute the entire agreement between you and the Gameclub with respect to your use of the Services and any other subject matter of this Terms of Use. Such terms supersede all prior understandings or agreements between you and Gameclub, whether electronic, oral or written, or whether established by custom or precedent.

j. Gameclub hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the web sites: Gameclub (http://www.gameclub.co.id). Please note that Gameclub does not endorse any of the products or services listed at such site.

If you have a question or complaint regarding the Services, please contact Gameclub by emailing us with cs@gameclub.co.id.