Terms of Service
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These Terms of Use govern the use of any game application developed by Nubee Pte Ltd (“we,” “us”, or “our”) (the “Application”).

GENERAL TERMS AND CONDITIONS OF USE OF NUBEE.COM

A. Terms of Use

(1) Consent

(a) By downloading, accessing and using the Application, you agree to each of the terms and conditions set forth herein (the “Terms of Use”). You may download, access and use the Application (regardless of whether your download, access and/or use is intended) only if you agree to abide by all local laws, rules and regulations applicable to you or your use of the Application (“Applicable Law”) and these Terms of Use. In addition, in consideration for downloading and using the Application, you must register and sign up for an account at (“Nubee” or the “Site”), indicate your acceptance of these Terms of Use and the agreement titled “General Terms and Conditions of Use of Nubee.com” (“Site Terms”) during the registration process by following the instructions on the “Sign Up” page and checking the box labelled “I agree to Nubee’s Terms of Use and Site Terms.”

(b) If you do not agree to be bound by these Terms of Use and to abide by all Applicable Law, you must discontinue use or access of this Application immediately.

(1) Modifications

Nubee Pte Ltd reserves the right to unilaterally modify these Terms of Use at any time without giving prior notice. Any modifications to these Terms of Use shall be posted on a page within the Application labelled “Terms of Use” and be effective immediately thereon. Your use of the Application following any such modification (whether or not you are a person who has a registered account with Nubee Pte Ltd (“Member”)) constitutes your agreement to follow and be bound by the Terms of Use as modified.

(1) Eligibility

You must be thirteen (13) years of age or over to download and use the Application, register as a Member or create an account and/or Member profile on the Site. The terms and conditions governing your registration on Nubee and your responsibility for the security of your Nubee account are contained in the Site Terms. Your use of the Application and membership of Nubee will be void where prohibited, whether under the Applicable Law, the Site Terms or these Terms of Use.

A. Warranties and Representations

(1) By using the Application, you represent and warrant that:

(a) You have the right, authority and capacity to enter into this agreement and to abide by all of the Terms of Use;

(b) Your use of the Application does not violate any laws, rules or regulations that are applicable to you;

(c) All registration information you submit are truthful and accurate as of the time of registration, and you will maintain the accuracy of your registration information and update the same as and when required; and

(d) You will not create a Nubee account for anyone else other than yourself and will not transfer your Nubee account, membership or your personal profile on Nubee (“Member Profile”) to anyone without obtaining the prior written consent of Nubee Pte Ltd.

(1) Without prejudice to other remedies provided under these Terms of Use, Nubee Pte Ltd reserves the right to delete your Member Profile and/or terminate your Nubee membership or account without prior notice if (i) you provide false or inaccurate registration information; or (ii) Nubee Pte Ltd has reasonable grounds to believe that your registration information is false or inaccurate, reasonableness of such grounds to be determined in the sole discretion of Nubee Pte Ltd.

A. Payment

  • You agree that Nubee Pte Ltd reserves the right to charge for your purchase of access to various items including but not limited to, game contents and additional game functions within the Application (the “Items”), and to vary the price of the Items from time to time in its absolute discretion.
  • All purchases or payments made through Nubee are subject to the following terms:

(a) All purchases made by you are final.

(b)Payment for purchases can be made by a valid debit or credit card through various third party platform marketplaces such as iTunes In-App Purchase, Google Checkout (“Platform Partners”) and other potential Platform Partners as Nubee may include in this Terms of Use from time to time.

(c) You agree that you will pay for all products or services purchased by you or on your behalf through or in connection with the Application.

(d) You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your Nubee account by you or anyone else using your account, regardless of whether the use of your account by third parties is authorised by you.

A. Virtual Currency and Nubee Points

  • While using the Application, you may have the opportunity to use online virtual currency in any form that Nubee Pte Ltd may issue from time to time (“Credits”), which allows you to license or purchase a variety of game add-ons, virtual in-game items, and any other service offered on Nubee which requires the use of Credits. The terms governing your purchase of Credits can be found in the Site Terms and are hereby incorporated in these Terms of Use.
  • Nubee Points is a service under which you can acquire and accumulate points by playing games (“Nubee Points”) and redeem those Nubee Points for selected game content, virtual items, applications or any other features such as music and video embedded players offered from time to time by Nubee Pte Ltd. The terms governing the use, redemption, limitations, cancellation and deletion of Nubee Points can be found in the Site Terms and are hereby incorporated in these Terms of Use.

A. Intellectual Property

The contents of our Application, including but not limited to text, graphics, images, logos, and button icons, links, editorial content, notices, software (including HTML or XML-based computer programs) and other material (“Contents”), are protected under Singapore and foreign intellectual property laws. The above Contents are owned by Nubee Pte Ltd, its parent company or other intellectual property rights owners who have authorised Nubee Pte Ltd to use the above Contents. You may reproduce and display the above Contents (excluding any software codes) solely for your personal use of the Application. You shall not copy, distribute, sell, republish, modify, upload, post, broadcast or transmit in any way, without Nubee Pte Ltd’s prior written consent or authorization, the Application or the Content in the Application in whole or in part, for any purpose.

A. Privacy and Sharing of Content and Information

Nubee Pte Ltd’s Game Application Privacy Policy (“Privacy Policy”), which is hereby incorporated into these Terms of Use, contains guidelines for you to use the Application and provides information as to how Nubee Pte Ltd may collect and use your personal information.
Member Disputes
You are solely responsible for your interactions with other Members, or any other parties with whom you interact through the Application. Nubee Pte Ltd reserves the right, but is in no way obliged, to become involved in any way with disputes between Members.

A. Termination

(1) If you violate the letter or spirit of this Agreement, create risk or possible legal exposure for Nubee Pte Ltd or otherwise pose a threat to Nubee Pte Ltd, its employees, business partners, Members and/or the public, to be determined by Nubee Pte Ltd in its sole discretion, Nubee Pte Ltd may terminate your Nubee account without prior notice or explanation and without any liability whatsoever.

(2) Notwithstanding anything to the contrary in this Agreement, you agree that Nubee Pte Ltd may terminate your Nubee membership and account at any time without any prior notice or explanation and without any liability whatsoever. You may terminate your Nubee membership or disable your application for membership at any time without prior notice or explanation.

(3) Although these Terms of Use may be terminated by you or us at any time and for any reason, the following provisions shall survive any such termination: Sections C(2)(e), E, B, H(3), I, J, K, L, M, N, O and P herein, and C(3)(c) to (e) of the Privacy Policy.

A. General Disclaimers

  • The Content contained within this Application is provided to you “as is”, and on an “as available” basis without warranty of any kind, whether express or implied. Nubee Pte Ltd is not responsible for and makes no warranties, express or implied, as to the Content on the Application, and such Content does not necessarily reflect the opinions or policies of Nubee Pte Ltd.
  • Nubee Pte Ltd provides the Application on an “as-is” and “as-available” basis, without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nubee Pte Ltd does not guarantee that the Application will be free of infection by software viruses or other harmful software codes, files or programs.
  • Nubee Pte Ltd is not responsible for the conduct or activities, whether online or offline, of any Member or visitor to the Site.
  • Nubee Pte Ltd is not responsible for any damage, injury or loss caused by Members or visitors to the Site or by any of the equipment or programming associated with or utilized in the Application.
  • Once the Application is downloaded and/or installed, it is your responsibility not to lose, destroy, or damage it, and Nubee Pte Ltd shall not be liable to you if you do so.
  • Nubee Pte Ltd assumes no responsibility for

(a) 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 communications between Members and/or visitors to the Site; and

(b) any problems or technical malfunction of any telephone network or lines, broadband or network connection, computer online systems, servers or providers, computer equipment, software, problems arising from technical problems or traffic congestion on the Internet or on the Application or combination thereof, including, without limitation, any injury or damage to Members or visitors to the Site or to any person’s computer and/or mobile phone related to or resulting from participation or downloading materials in connection with the Application.

A. Limitation of Liability

(1) To the fullest extent permitted under the laws of the Republic of Singapore, Nubee Pte Ltd shall not be liable for any loss or damage, including but not limited to, any direct, incidental, consequential, special, exemplary or other indirect damages arising out of

(a) the use of or inability to use the Application;

(b) any transaction conducted through or facilitated by Nubee;

(c) any claim attributable to errors, omissions, or other inaccuracies in the Application;

(d) unauthorized access to or alteration of your Nubee account, Profile Information (as defined in our Privacy Policy), Content posted by you, transmissions, data;

(e) personal injury or death, resulting from use of the Application, from any Content in the Application, or from the conduct of any Members or visitors to the Site, whether online or offline; or

(f) any other matter relating to use of the Application, and the content on the Application;
even if Nubee Pte Ltd has been advised of the possibility of such damages.

(2) In any event, Nubee Pte Ltd’s entire liability to you for any cause whatsoever, regardless of the form of the action, shall at all times be limited to the full amount you paid, if any, to Nubee Pte Ltd in the last one (1) years, from the date the loss or damage arose.

A. Indemnity

You understand and agree that you are personally responsible for your behaviour on Nubee and your use of the Application. You agree to indemnify, defend and hold harmless Nubee Pte Ltd, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to Nubee Pte Ltd, from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, made by any third party or resulting from or arising out of your use, misuse, or inability to use the Application, or the Content on the Application, any violation by you of these Terms of Use, any action taken by Nubee Pte Ltd as part of its investigation of a suspected violation of these Terms of Useor as a result of its finding or decision that a violation of these Terms of Usehas occurred.

A. Entire Agreement

Unless otherwise expressly specified, these Terms of Use embody the entire understanding between you and Nubee Pte Ltd in respect of your use of the Application.

A. Partial Invalidity

If any term or provision of these Terms of Use shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms of Use but the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected.

A. Waiver

Any failure by Nubee Pte Ltd to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. No waiver by Nubee Pte Ltd of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

A. Governing Law

Any and all disputes arising out of or in connection with these Terms of Use, and the interpretation, performance and enforcement of your and Nubee Pte Ltd’s rights and duties, shall be construed in accordance with the laws of the Republic of Singapore, except for the conflict or choice-of-law principles thereof.

A. Dispute Resolution

  • Parties agree first to try in good faith to settle the dispute through negotiation before resorting to arbitration or litigation. In the event where a dispute cannot be settled through negotiation, you agree that Nubee Pte Ltd may, in its sole discretion, elect to resolve the dispute through either arbitration or litigation.
  • Where Nubee Pte Ltd elects to resolve a dispute through arbitration, the dispute 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 clause, the Tribunal shall consist of a sole arbitrator and the language of the arbitration shall be English.
  • Where Nubee Pte Ltd elects to resolve a dispute through litigation, parties agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore.
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