Otameta TERMS OF SERVICE
1.USER REGISTRATION; APPLICATION OF TERMS; YOUR ACCOUNT
2.SOFTWARE-BASED SERVICE OF Otameta APPLICATION
3.Otameta SERVICE
4.BILLING, PAYMENT AND OTHERS
5.INDIVIDUAL SERVICE
6.YOUR RIGHTS AND OBLIGATIONS
7.INTELLECTUAL PROPERTY RIGHTS
8.PERSONAL INFORMATION PROTECTION
9.DISCLAIMER
10.LIMITATION OF LIABILITY
11.JURISDICTION AND APPLICABLE LAW
12.MISCELLANEOUS
2. SOFTWARE-BASED SERVICE OF Otameta APPLICATION
3. Otameta SERVICE
10.1 You understand and agree that when you use the services, the service may be disrupted due to force majeure or other risks. For the purposes of the ToS, “force majeure” refers to an event that cannot be foreseen, overcome or avoided and has material effects on a party or both parties hereto, including but not limited to natural disasters, e.g. flood, earthquake, epidemic and storm, and social incidents, e.g. war, riot, government action, etc. When such event occurs, Otameta will make its best efforts to cooperate first with the relevant organizations to make repairs in a timely manner, but Otameta shall be exempt from any losses caused to you by such event to the extent as permitted by law.
10.2 Prior to completing the registration, you shall consult the product information made available on Otameta, including the subscription description, minimum technical requirements, and user reviews.
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Otameta
Please note that Otameta Terms of Service together form a legal document that explains your rights and obligations as a user of Otameta from Otameta PTE. LTD., a corporation duly established under the laws of United States of America, with (need change!)its registered address at 111 Somerset Road #05-11 United States of America (238164).
To use Otameta services, you shall read and abide by the Otameta terms of service (hereinafter referred to as the “ToS”). Please be sure to carefully read and fully understand the content of each clause, especially those involving waiver or restriction of liabilities, terms of jurisdiction, applicable laws, and separate agreements on the provision or use of a certain service. Clauses involving waiver or restriction or liabilities, and/or those involving your major rights and interests may be underlined or in bold for your attention.
Unless you have read, fully understood and accepted all the terms and conditions of the ToS, you have no right to use Otameta services. If you use Otameta services or accept the ToS in any other express or implied manner, it shall be deemed that you have read and agreed to enter into the ToS. The ToS shall come into legal effect between you and Otameta and constitute a legal document binding on both parties.
If you are under the age of 18 (or other legal age defined as an adult in your jurisdiction), please read the ToS with your legal guardian(s) and pay close attention to provisions regarding minors.
To learn more, you may review the corresponding provisions through the following index:
To use Otameta services, you shall read and abide by the Otameta terms of service (hereinafter referred to as the “ToS”). Please be sure to carefully read and fully understand the content of each clause, especially those involving waiver or restriction of liabilities, terms of jurisdiction, applicable laws, and separate agreements on the provision or use of a certain service. Clauses involving waiver or restriction or liabilities, and/or those involving your major rights and interests may be underlined or in bold for your attention.
Unless you have read, fully understood and accepted all the terms and conditions of the ToS, you have no right to use Otameta services. If you use Otameta services or accept the ToS in any other express or implied manner, it shall be deemed that you have read and agreed to enter into the ToS. The ToS shall come into legal effect between you and Otameta and constitute a legal document binding on both parties.
If you are under the age of 18 (or other legal age defined as an adult in your jurisdiction), please read the ToS with your legal guardian(s) and pay close attention to provisions regarding minors.
To learn more, you may review the corresponding provisions through the following index:
1.USER REGISTRATION; APPLICATION OF TERMS; YOUR ACCOUNT
2.SOFTWARE-BASED SERVICE OF Otameta APPLICATION
3.Otameta SERVICE
4.BILLING, PAYMENT AND OTHERS
5.INDIVIDUAL SERVICE
6.YOUR RIGHTS AND OBLIGATIONS
7.INTELLECTUAL PROPERTY RIGHTS
8.PERSONAL INFORMATION PROTECTION
9.DISCLAIMER
10.LIMITATION OF LIABILITY
11.JURISDICTION AND APPLICABLE LAW
12.MISCELLANEOUS
1. USER REGISTRATION; APPLICATION OF TERMS; YOUR ACCOUNT
You become a user of Otameta ("user") by completing the registration of a Otameta user account. Our service is not intended for children under 13, and we will not knowingly collect personal information from children under the age of 13 or otherwise specified by the laws and regulations of your country or region of residence.
You shall be liable for any action performed using your Otameta account, including taking reasonable measures to protect the security of your account.
You shall be liable for any action performed using your Otameta account, including taking reasonable measures to protect the security of your account.
1.1 Scope
(1) The ToS are entered into between users and Otameta with respect to using Otameta services.
(2) The services under the Terms refer to Otameta App-related services and other network services that Otameta is currently providing and may provide to you in the future (“services”).
(3) The ToS include the Privacy Policy, as well as separate terms, operating rules and community management regulations, etc. (hereinafter collectively referred to as "Separate Terms") governing a certain Otameta service you are using, which, once issued, shall be an integral part of the ToS, and which you shall also read and abide by. If you use services involved in any of the said Separate Terms, it shall be deemed that you have agreed to accept and abide by the Separate Terms and the ToS.
(2) The services under the Terms refer to Otameta App-related services and other network services that Otameta is currently providing and may provide to you in the future (“services”).
(3) The ToS include the Privacy Policy, as well as separate terms, operating rules and community management regulations, etc. (hereinafter collectively referred to as "Separate Terms") governing a certain Otameta service you are using, which, once issued, shall be an integral part of the ToS, and which you shall also read and abide by. If you use services involved in any of the said Separate Terms, it shall be deemed that you have agreed to accept and abide by the Separate Terms and the ToS.
1.2 Otameta Account
(1) If the information you provide during the Otameta account registration process is inaccurate, untrue, or contains illegal or harmful information, Otameta has the right to deny your registration request and terminate Otameta services provided to you. If you obtained an account by providing false information, or your registration information contains illegal or harmful information, Otameta has the right to notify you to make corrections within a specified period, suspend or revoke your account accordingly. If you have obtained an account by using the identity of a third party without that party’s authorization, including an affiliate or celebrity, Otameta has the right to terminate the account and report your conduct to the local government or other authorities.
(2) You may not reveal, share, transfer or otherwise allow others to use your password or account except as otherwise specifically authorized by us. If you believe that the confidentiality of your account information may have been compromised, you must notify us via email ([email protected]). We may ask you to provide a valid personal identification consistent with your registration information.
(3) You may not sell or charge others for the right to use your account, or otherwise transfer your account. Nor may you sell, charge others for the right to use, or as otherwise specifically permitted by Otameta. If your Otameta account activates more than five devices within a certain period, we may terminate your account or place your account on hold in order to protect you, us or our partners from identity theft or other fraudulent activities.
(4) You understand and agree that, except for the rights enjoyed by the relevant holder in accordance with the law, the data and record generated by your use, including but not limited to the Otameta account, login, activity, purchase records, and related statistics, etc., shall belong to Otameta. In the event of a dispute, the data provided by Otameta shall prevail. 2. SOFTWARE-BASED SERVICE OF Otameta APPLICATION
(2) You may not reveal, share, transfer or otherwise allow others to use your password or account except as otherwise specifically authorized by us. If you believe that the confidentiality of your account information may have been compromised, you must notify us via email ([email protected]). We may ask you to provide a valid personal identification consistent with your registration information.
(3) You may not sell or charge others for the right to use your account, or otherwise transfer your account. Nor may you sell, charge others for the right to use, or as otherwise specifically permitted by Otameta. If your Otameta account activates more than five devices within a certain period, we may terminate your account or place your account on hold in order to protect you, us or our partners from identity theft or other fraudulent activities.
(4) You understand and agree that, except for the rights enjoyed by the relevant holder in accordance with the law, the data and record generated by your use, including but not limited to the Otameta account, login, activity, purchase records, and related statistics, etc., shall belong to Otameta. In the event of a dispute, the data provided by Otameta shall prevail. 2. SOFTWARE-BASED SERVICE OF Otameta APPLICATION
2. SOFTWARE-BASED SERVICE OF Otameta APPLICATION
Some of Otameta’s services may include downloadable software. If you need to use services provided by the software, you shall abide by the following:
2.1 You may need to download software when using the services of Otameta. We will grant you a personal, non-transferable and non-exclusive license. You can use the software only to access or use services.
2.2 From time to time, Otameta may update the software to improve your experience, ensure the security of the service and consistency of product functions. You are recommended to update the software to the latest version; otherwise Otameta can not guarantee the software will operate as intended.
2.3 Otameta may develop different software versions for different terminal devices. You shall choose the appropriate version to install. You may obtain the software directly from our website, or from a third party authorized by us. If you obtain software or an installer program with the same name as the software from a third party not authorized by Otameta, we cannot guarantee that the software can be used normally and will not be responsible for any losses incurred by you.
2.1 You may need to download software when using the services of Otameta. We will grant you a personal, non-transferable and non-exclusive license. You can use the software only to access or use services.
2.2 From time to time, Otameta may update the software to improve your experience, ensure the security of the service and consistency of product functions. You are recommended to update the software to the latest version; otherwise Otameta can not guarantee the software will operate as intended.
2.3 Otameta may develop different software versions for different terminal devices. You shall choose the appropriate version to install. You may obtain the software directly from our website, or from a third party authorized by us. If you obtain software or an installer program with the same name as the software from a third party not authorized by Otameta, we cannot guarantee that the software can be used normally and will not be responsible for any losses incurred by you.
3. Otameta SERVICE
3.1 Some of Otameta services are fee-based. If you use such services, please abide by the applicable agreement or provisions. If you fail to pay such fees on time and in full, Otameta has the right to suspend or terminate such service.
3.2 You agree and understand that Otameta or third parties may send you advertisements or promotional information (including commercial and non-commercial information) when providing services.
3.3 We may modify or change the rate and method of payment as needed. We may also start charging fees on free services. Before making such modifications, changes or commencing fees, Otameta will issue a notice or announcement on the relevant service screen. If you refuse to accept such modifications, changes or paid content, you shall stop using such services.
3.4 We may provide you with an option to close one-time advertising information, but you shall not block or filter advertising information at any time in a manner that is not set forth in the ToS or without Otameta’s prior written consent.
3.5 Otameta may upgrade, optimize, change, interrupt, suspend or terminate services.
3.6 You understand and agree that Otameta has the right to make decisions regarding its own operational strategy. If Otameta is subject to merger, division, acquisition or asset transfer, Otameta may transfer related assets under the service to a third party; Otameta may also have a third party operate or perform part or all of services under the ToS after providing you with prior notice. The transferee shall be subject to the notification of Otameta.
3.7 Otameta reserves the right to suspend or terminate services provided to you without notice for safety reasons or in other necessary circumstances.
3.2 You agree and understand that Otameta or third parties may send you advertisements or promotional information (including commercial and non-commercial information) when providing services.
3.3 We may modify or change the rate and method of payment as needed. We may also start charging fees on free services. Before making such modifications, changes or commencing fees, Otameta will issue a notice or announcement on the relevant service screen. If you refuse to accept such modifications, changes or paid content, you shall stop using such services.
3.4 We may provide you with an option to close one-time advertising information, but you shall not block or filter advertising information at any time in a manner that is not set forth in the ToS or without Otameta’s prior written consent.
3.5 Otameta may upgrade, optimize, change, interrupt, suspend or terminate services.
3.6 You understand and agree that Otameta has the right to make decisions regarding its own operational strategy. If Otameta is subject to merger, division, acquisition or asset transfer, Otameta may transfer related assets under the service to a third party; Otameta may also have a third party operate or perform part or all of services under the ToS after providing you with prior notice. The transferee shall be subject to the notification of Otameta.
3.7 Otameta reserves the right to suspend or terminate services provided to you without notice for safety reasons or in other necessary circumstances.
4. BILLING, PAYMENT AND OTHERS
4.1 Payment Authorization
(1) When you provide payment information to us or to one of our payment processors, you represent to Otameta that you are the authorized user of the card, PayPal or account associated with that payment, and you authorize us to charge your credit card or to process your payment with the chosen third-party payment processor for any purchase or other fees incurred by you.
(2) You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to order or purchase items at prices not applicable to your location, or for any other purpose. Failure to do so means Otameta may terminate your access to your account.
As the account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone else using your account, including your family members or friends. If you cancel your account, Otameta reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before Otameta will allow you to register again.
4.3 Third-Party Sites
We may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any service or other fees that you may pay to Otameta. Otameta makes no representation or warranty that any service offered via third-party vendors will not change or be suspended or terminated.
4.4 Refunds and Rights of Withdrawal
(1) If Otameta provides you with paid gaming services in accordance with the ToS, you agree that the services have been fully performed. Save in the circumstances that the statutory right of refund/withdrawal is not applicable, you have the right to initiate an application for refund for any paid game within 5 days (or otherwise specified by the laws and regulations of your country or region of residence, etc.）of payment and you shall provide your reason for the application. Before initiating the refund process, you must delete the corresponding paid game in a timely manner.
(2) In order to protect your rights and interests and prevent transaction risks (e.g., resale of the redemption code for an invalid game), you cannot apply for a refund with a game redemption code you have purchased or otherwise acquired.
(3) We cannot provide refunds for purchases made outside of Otameta.
(4) REFUNDS ARE DESIGNED TO REMOVE THE RISK FROM PURCHARSING TITLES ON Otameta—NOT AS A WAY TO GET FREE GAMES. IF IT APPEARS TO US THAT YOU ARE ABUSING REFUNDS, WE MAY STOP OFFERING THEM TO YOU. WE DO NOT CONSIDER IT ABUSE TO REQUEST A REFUND ON A TITLE THAT WAS PURCHASED JUST BEFORE A SALE AND THEN IMMEDIATELY REBUYING THAT TITLE FOR THE SALE PRICE.
(5) You can request a refund or get other assistance with your purchases via the email [email protected].
(1) When you provide payment information to us or to one of our payment processors, you represent to Otameta that you are the authorized user of the card, PayPal or account associated with that payment, and you authorize us to charge your credit card or to process your payment with the chosen third-party payment processor for any purchase or other fees incurred by you.
(2) You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to order or purchase items at prices not applicable to your location, or for any other purpose. Failure to do so means Otameta may terminate your access to your account.
As the account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone else using your account, including your family members or friends. If you cancel your account, Otameta reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before Otameta will allow you to register again.
4.3 Third-Party Sites
We may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any service or other fees that you may pay to Otameta. Otameta makes no representation or warranty that any service offered via third-party vendors will not change or be suspended or terminated.
4.4 Refunds and Rights of Withdrawal
(1) If Otameta provides you with paid gaming services in accordance with the ToS, you agree that the services have been fully performed. Save in the circumstances that the statutory right of refund/withdrawal is not applicable, you have the right to initiate an application for refund for any paid game within 5 days (or otherwise specified by the laws and regulations of your country or region of residence, etc.）of payment and you shall provide your reason for the application. Before initiating the refund process, you must delete the corresponding paid game in a timely manner.
(2) In order to protect your rights and interests and prevent transaction risks (e.g., resale of the redemption code for an invalid game), you cannot apply for a refund with a game redemption code you have purchased or otherwise acquired.
(3) We cannot provide refunds for purchases made outside of Otameta.
(4) REFUNDS ARE DESIGNED TO REMOVE THE RISK FROM PURCHARSING TITLES ON Otameta—NOT AS A WAY TO GET FREE GAMES. IF IT APPEARS TO US THAT YOU ARE ABUSING REFUNDS, WE MAY STOP OFFERING THEM TO YOU. WE DO NOT CONSIDER IT ABUSE TO REQUEST A REFUND ON A TITLE THAT WAS PURCHASED JUST BEFORE A SALE AND THEN IMMEDIATELY REBUYING THAT TITLE FOR THE SALE PRICE.
(5) You can request a refund or get other assistance with your purchases via the email [email protected].
5. INDIVIDUAL SERVICES
5.1 In order to provide you with comprehensive, sound and quality service, Otameta may provide you with other individual services, including but not limited to live broadcasts, cloud games, Otameta accelerator and videos. You have the right to decide whether or not to use them.
5.2 The aforementioned individual services may be subject to a separate agreement. Unless you have fully read, understood and accepted all the terms and conditions of the separate agreement, you have no right to use certain individual services provided by Otameta.
5.3 When you use products or services provided by a third party on the Otameta platform, you shall comply with the user agreement entered into with the third party in addition to the ToS. Otameta and the third party shall each take their respective responsibilities for any dispute to the extent as defined by law or agreed upon by both parties
5.4 You should understand the rating information is decided by the third party service provider, Otameta is not responsible for the rating information.
5.2 The aforementioned individual services may be subject to a separate agreement. Unless you have fully read, understood and accepted all the terms and conditions of the separate agreement, you have no right to use certain individual services provided by Otameta.
5.3 When you use products or services provided by a third party on the Otameta platform, you shall comply with the user agreement entered into with the third party in addition to the ToS. Otameta and the third party shall each take their respective responsibilities for any dispute to the extent as defined by law or agreed upon by both parties
5.4 You should understand the rating information is decided by the third party service provider, Otameta is not responsible for the rating information.
6. Peanuts Usage Rules
6.1 The peanuts service is a free value-added service provided by Otameta to users, allowing users to collect, consume, and use peanuts and obtain other officially supported derivative services through the peanuts service.
6.2 You understand and acknowledge that Otameta has the right to adjust the peanuts service at any time based on factors such as laws and regulations, national policies, user needs, website strategies, and user acceptance levels. Unless otherwise specified, the specific usage methods, terms, and other details of peanuts and other products/services obtained through the peanuts service are subject to the latest version displayed on Otameta's official page.
6.3 You understand and agree that you only have the right to use the peanuts, while the ownership of the peanuts belongs to Otameta. Without Otameta's written consent, it is prohibited to dispose of the right to use peanuts in any form (including but not limited to gifting, lending, transferring, selling, mortgaging, inheriting, or licensing others to use them). Any user should obtain the peanuts service through officially announced channels. Any peanuts and derivative services obtained through unofficial channels will not have legal effect on Otameta. Otameta reserves the right to unilaterally reclaim related peanuts and terminate corresponding services. In serious cases, Otameta reserves the right to take actions such as account suspension.
6.4 Unless otherwise specified, peanuts and their derivative items obtained by users do not support refunds, transfers, exchanges, or conversion into cash. Users can only use or consume peanuts through the peanuts service.
6.2 You understand and acknowledge that Otameta has the right to adjust the peanuts service at any time based on factors such as laws and regulations, national policies, user needs, website strategies, and user acceptance levels. Unless otherwise specified, the specific usage methods, terms, and other details of peanuts and other products/services obtained through the peanuts service are subject to the latest version displayed on Otameta's official page.
6.3 You understand and agree that you only have the right to use the peanuts, while the ownership of the peanuts belongs to Otameta. Without Otameta's written consent, it is prohibited to dispose of the right to use peanuts in any form (including but not limited to gifting, lending, transferring, selling, mortgaging, inheriting, or licensing others to use them). Any user should obtain the peanuts service through officially announced channels. Any peanuts and derivative services obtained through unofficial channels will not have legal effect on Otameta. Otameta reserves the right to unilaterally reclaim related peanuts and terminate corresponding services. In serious cases, Otameta reserves the right to take actions such as account suspension.
6.4 Unless otherwise specified, peanuts and their derivative items obtained by users do not support refunds, transfers, exchanges, or conversion into cash. Users can only use or consume peanuts through the peanuts service.
7. YOUR RIGHTS AND OBLIGATIONS
7.1 Unless otherwise agreed upon with Otameta, you agree that the services under the ToS are only for your personal, non-commercial use.
7.2 You shall use services in a manner defined or approved by Otameta. The rights available to you under the ToS shall not be transferable.
7.3 You shall not use any plug-in, add-on or third-party tool not authorized by Otameta to interfere with, destroy, modify, or exert other influence on the services under the ToS.
7.4 If Otameta has reason to believe that your conduct is or may be in violation of the aforementioned, Otameta may, at its sole discretion, suspend or terminate services without a prior notice, and pursue legal actions. If there are special laws and regulations in the area where you are located, such laws and regulations shall prevail.
7.5 When you use Otameta services, you promise to abide by the local laws and regulations, and you shall not use the service to engage in illegal activity.
7.6 If Otameta discovers or is informed that the information you posted or published is in violation of the ToS or the laws, Otameta has the right to decide at its sole discretion and take technical measures to delete, block or disconnect relevant links to the information. Additionally, Otameta has the right to take measures as appropriate, including but not limited to suspending or terminating services, restricting, suspending or terminating your account, and you shall bear full responsibility solely (including but not limited to property damages, reputational damage, legal fees, attorney fees, notarization fees, transportation fees, and other reasonable expenses).
7.7 You shall refrain from involving Otameta in any political or public incident when you use any service hereunder; otherwise Otameta has the right to suspend or terminate such service provided to you.
7.2 You shall use services in a manner defined or approved by Otameta. The rights available to you under the ToS shall not be transferable.
7.3 You shall not use any plug-in, add-on or third-party tool not authorized by Otameta to interfere with, destroy, modify, or exert other influence on the services under the ToS.
7.4 If Otameta has reason to believe that your conduct is or may be in violation of the aforementioned, Otameta may, at its sole discretion, suspend or terminate services without a prior notice, and pursue legal actions. If there are special laws and regulations in the area where you are located, such laws and regulations shall prevail.
7.5 When you use Otameta services, you promise to abide by the local laws and regulations, and you shall not use the service to engage in illegal activity.
7.6 If Otameta discovers or is informed that the information you posted or published is in violation of the ToS or the laws, Otameta has the right to decide at its sole discretion and take technical measures to delete, block or disconnect relevant links to the information. Additionally, Otameta has the right to take measures as appropriate, including but not limited to suspending or terminating services, restricting, suspending or terminating your account, and you shall bear full responsibility solely (including but not limited to property damages, reputational damage, legal fees, attorney fees, notarization fees, transportation fees, and other reasonable expenses).
7.7 You shall refrain from involving Otameta in any political or public incident when you use any service hereunder; otherwise Otameta has the right to suspend or terminate such service provided to you.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the services, you agree not to infringe upon intellectual property rights (including but not limited to software, websites and applications, text, pictures, audio, video, charts) of any party while using the services. For example, agreeing not to upload any content that is the property of someone else to the services.
8.2 Services and all title, ownership rights, intellectual property rights, neighboring rights and other rights and interests in and to the game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the game, individually or in combination) are owned by us or our licensors and are protected by American, Hongkong and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the game or service unless our terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the game in whole or in part. We reserve all rights in games and services we owned and licensed that are not expressly granted to you in this EULA or ToS. You acknowledge that we and/or third-party content providers remain the owners of all materials posted in the game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
8.3 UGC (User-Generated Content) means any form of content such as creation work, feedback, suggestions, comments, ideas, software, code and/or any other information that you provide, publish, or otherwise communicate directly or indirectly to us regarding the Otameta services and platform.
8.4 By uploading or contributing the UGC, you (“licensors”) grant to Otameta (“licensee”), an irrevocable, non-exclusive, perpetual, transferable, assignable, worldwide, sublicensable, royalty-free license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, extra fee or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC in games and Otameta services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Otameta services without further notice, attribution, or compensation to you.
8.2 Services and all title, ownership rights, intellectual property rights, neighboring rights and other rights and interests in and to the game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the game, individually or in combination) are owned by us or our licensors and are protected by American, Hongkong and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the game or service unless our terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the game in whole or in part. We reserve all rights in games and services we owned and licensed that are not expressly granted to you in this EULA or ToS. You acknowledge that we and/or third-party content providers remain the owners of all materials posted in the game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
8.3 UGC (User-Generated Content) means any form of content such as creation work, feedback, suggestions, comments, ideas, software, code and/or any other information that you provide, publish, or otherwise communicate directly or indirectly to us regarding the Otameta services and platform.
8.4 By uploading or contributing the UGC, you (“licensors”) grant to Otameta (“licensee”), an irrevocable, non-exclusive, perpetual, transferable, assignable, worldwide, sublicensable, royalty-free license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, extra fee or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC in games and Otameta services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Otameta services without further notice, attribution, or compensation to you.
9. PERSONAL INFORMATION PROTECTION
9.1 It is our policy to protect your personal information. Otameta will collect, use, store and share your personal information in accordance with the ToS and the Privacy Policy. If the personal information protection provisions of the ToS conflicts with those in the Privacy Policy, and the ToS does not expressly provide for protection of personal information, the Privacy Policy shall prevail.
9.2 We may disclose your personal information for legal reasons as required.
9.2 We may disclose your personal information for legal reasons as required.
10. DISCLAIMER
10.1 You understand and agree that when you use the services, the service may be disrupted due to force majeure or other risks. For the purposes of the ToS, “force majeure” refers to an event that cannot be foreseen, overcome or avoided and has material effects on a party or both parties hereto, including but not limited to natural disasters, e.g. flood, earthquake, epidemic and storm, and social incidents, e.g. war, riot, government action, etc. When such event occurs, Otameta will make its best efforts to cooperate first with the relevant organizations to make repairs in a timely manner, but Otameta shall be exempt from any losses caused to you by such event to the extent as permitted by law.
10.2 Prior to completing the registration, you shall consult the product information made available on Otameta, including the subscription description, minimum technical requirements, and user reviews.
11. 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 PARTY WILL NOT BE LIABLE IN ANY WAY FOR ANY:
(1) LOSS OF PROFITS
(2) LOST REVENUE
(3) LOST SAVINGS
(4) LOSS OF DATA
(5) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
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. Also, you may have additional legal rights in your jurisdiction, and the ToS will not prejudice such rights that you may have as a consumer of the services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTY WILL NOT BE LIABLE IN ANY WAY FOR ANY:
(1) LOSS OF PROFITS
(2) LOST REVENUE
(3) LOST SAVINGS
(4) LOSS OF DATA
(5) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
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. Also, you may have additional legal rights in your jurisdiction, and the ToS will not prejudice such rights that you may have as a consumer of the services.
12. JURISDICTION AND APPLICABLE LAW
12.1 THE EXECUTION, EFFECTIVENESS, PERFORMANCE, INTERPRETATION OF AND DISPUTE RESOLUTION UNDER THE TOS SHALL BE GOVERNED BY THE LAWS OF HONGKONG AND AMERICAN(EXCLUDING CONFLICT OF LAW).
12.2 THE TOS IS EXECUTED IN HONGKONG.
12.3 YOU AND Otameta AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. MOREOVER, IF THE DISPUTE OF THE PARTIES IS RESOLVED THROUGH ARBITRATION, THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 12. MISCELLANEOUS
12.2 THE TOS IS EXECUTED IN HONGKONG.
12.3 YOU AND Otameta AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. MOREOVER, IF THE DISPUTE OF THE PARTIES IS RESOLVED THROUGH ARBITRATION, THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 12. MISCELLANEOUS
13. MISCELLANEOUS
13.1 Otameta has the right to modify the terms of the ToS as needed. You may find the latest version of the ToS on the service pages.
13.2 If you continue to use our services after amendment of the ToS, you shall be deemed to have accepted the amendment. If you refuse to accept the amendment, you must stop using software or services provided by Otameta.
13.3 The headings of articles herein are for convenience of reading only and shall not be used to interpret the ToS.
13.4 If any provision of the ToS is held partially invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and binding upon both parties.
13.5 If you have any comments or suggestions on the ToS or the service hereunder, you may contact Otameta Customer Service for assistance via email address [email protected].13.2 If you continue to use our services after amendment of the ToS, you shall be deemed to have accepted the amendment. If you refuse to accept the amendment, you must stop using software or services provided by Otameta.
13.3 The headings of articles herein are for convenience of reading only and shall not be used to interpret the ToS.
13.4 If any provision of the ToS is held partially invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and binding upon both parties.
(End)
Otameta