ENGLISH

Terms of service

1.Objects and Purposes

These Terms of Use shall govern the relationship between you (the “User”) and the [Digital Entertainment Asset Pte.Ltd.] (the “Company”) concerning the User’s access to and use of the [https://jobtribes.io/ , https://game-jtcb.playmining.com] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to the game service known as Jobtribes (collectively, the “Site”). By downloading, installing, accessing or using any part of the Site, you are stating that you have read the Terms of Use and our Privacy Policy, agree to all of its terms, and consent to be bound by and are becoming a party to these Terms of Use and our Privacy Policy. A User that does not agree to these Terms and Conditions and our Privacy Policy, shall not be allowed to download, install, access or use the Site.

2.Definitions

“Game”: Game service provided herein known as “Jobtribes”
“PlayMining ID”: User identification established by the User through the procedure separately defined by the Company
“Game Data”: Created game history, created characters, parameters (such as the ability values associated with the characters), acquired items, acquired in-game currencies and any and all other information related to the User’s use of the Site
“Digital Art Auction” “DAA”: Online auction service provided by the Company known as “Digital Art Auction”.
“Digital Art”: Art works purchased within the Digital Art Auction service, which can be displayed within the Game.

3.Playing the Game

The User is not required to register an account to play the Game.
Notwithstanding the forgoing, if the User wishes to save and use the Game Data for continued playing, the User will be required to register for a PlayMining ID. The User shall register the required information as instructed by the Company.

4.Suspension or Termination of Account

The Company shall be entitled to suspend the playing or restrict the User’s rights to play the Game at any time, and without notice, under any of the following situations:
(1) the User has engaged in prohibited acts or other acts in violation of these Terms of Use;
(2) the PlayMining ID has been used by a third party; or
(3) other events which is deemed by the Company, in its sole and absolute discretion, to be inappropriate for User to continue using the Game.

5.Game Data

The User shall be entitled to utilize Game Data only for the game title corresponding to the Game Data and to the extent and purpose prescribed by the Company.

The User may not use the Game Data beyond the scope and purpose set forth in this Paragraph and may not transfer, sell, assign or allow a third party to use the Game Data.

The Company may delete, transfer or change the Game Data at any time, and without notice, under the following situations:
(1) the provision of game titles corresponding to the Game Data has ended;
(2) there is a transfer of the operation of game titles corresponding to Game Data to a third party;
(3) there is a breach of the Terms of Use by the User or where the Company deems, in its sole and absolute discretion, that the content or creation process of the Game Data violates the Terms of Use;
(4) where it is necessary for technical reasons such as where the Game Data exceeds the predetermined capacity; or
(5) in other cases deemed necessary by the Company in its sole and absolute discretion.

The Company shall be under no obligation whatsoever to modify, add to or remove any Game Data.

6.Acquiring In-Game Currency

The User shall acquire in-game currency in the manner and unit prescribed by the Company.

The User’s shall only be entitled to acquire the in-game currency in accordance with any restrictions, limitations or requirements imposed by the Company in its sole discretion.

7.Use of In-Game Currency

The User may receive certain items using the in-game currency within the extent of the balance, and in the manner prescribed by the Company.

If the User wishes to obtain a particular item within the Game, the amount of in-game currency required to be exchanged for that item shall be deducted from the User’s account accordingly.

Information pertaining to the User’s balance of in-game currency and Play Mining ID shall be stored on the Company's servers. The in-game currency shall only be used to purchase items for the same Play Mining ID in which the in-game currency is held.

The User has the sole and absolute responsibility for the management of the in-game currency.

The Company shall, in no event, exchange the in-game currency for money, real life merchandise or any other items. The in-game currency may only be exchanged for DEAPcoin or in-game items on the Game.

The User shall not lend, purchase or sell, donate or otherwise transfer the in-game currency to any third party.

The User’s use of the in-game currency shall be subject to any restrictions, limitations or terms imposed by the Company at any time and in its sole discretion.

8.Effect of Termination of Account on in-Game Currency

Upon the termination of the Play Mining ID for any reason whatsoever, the in-game currency under the Play Mining ID shall be voided with immediate effect. The User shall not be entitled to any payments, refunds, compensation or otherwise in respect of the voided in-game currency.

9.No conversion of in-game currency

Unless required under the applicable laws and regulations, the Company shall not exchange or purchase the in-game currency for cash.

10.Use of Digital Art

The User shall reference the Digital Art purchased within the DAA service. The purchase and sales of the Digital Art and other details shall be as set forth in the terms of the DAA.

11.Fees

Playing the Game shall be free of charge. However, the User shall be responsible for the internet connection fees and charges required for playing the Game.

12.Ownership of Intellectual Property Rights

All intellectual property rights on the Game (including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics) and the trademarks, service marks, and logos contained therein (the “Marks) are owned, controlled by or licensed to the Company. The User shall have no intellectual property rights in, or to, the Game other than the right to use them in accordance with these Terms of Use.

The User shall not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit for any commercial purpose whatsoever, any contents or marks in the Game (such as images, movies, voices, logos, texts, and programs relating to the Game and the website of providing the Game) without the prior written consent of the Company. The User agrees that the User will not use or register any trademark, business name, domain name or social media account name or handle which incorporates in whole or in part the Marks or is similar to any of these.

13.Prohibited Activities

In using or accessing the Game, the User shall not:

1. Engage in any defamatory, abusive, disrespectful, harassing, threatening, intimidating, violent, predatory or stalking conduct or otherwise violate the legal rights (including the rights of privacy and publicity) of others, including the Company and its employees.
2. Interfere with or disrupt the Game or the Company's business by making improper use of support services, submitting excessive or unreasonable inquiries, submitting false reports of abuse or misconduct.
3. Attempt to impersonate or misrepresent the User’s affiliation with another user or person or use the username of another user.
4. Disparage, tarnish or otherwise harm the reputation or credibility of the Company, a person related to the Company or another User.
5. Use the Game to advertise or offer to sell goods and services, for religious activities, solicitation of businesses, etc.
6. Use the Game in a manner inconsistent with the applicable laws or regulations.
7. Commit acts against public order and morals.
8. Promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group.
9. Create, post, store or share any content that would constitute, encourage or provide instructions for a criminal offense, promote self-injury or suicide, violate the rights of any party or otherwise create liability or violate any local, state, national or international law.
10. Promote or provide instructional information about illegal or harmful activities or substances.
11. Upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive content or message.
12. Create, post, store or share any content that would adversely affect or interfere with the sound upbringing of minors;
13. Collect, accumulate, or disclose the personal information of other users or third parties without such third party’s consent;
14. Dispose all or part of the Play Mining ID or Game Data to third parties by way of sale, transfer, pledge, loan, exchange, assignment, collateral or any other means.
15. Systematically retrieve data or other content from the Game to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from the Company.
16. Circumvent, disable, or otherwise interfere (or attempt to circumvent, disable, or otherwise interfere) with any technological measures or security-related features implemented by the Company, including features that prevent or restrict the use or copying of any information or data or enforce limitations on the use of the Game and/or the data contained therein.
17. Use any data mining, scraping, robots or similar data gathering or extraction methods.
18. Knowingly or negligently use the Game in a way that abuses or disrupts the Company’s networks or services.
19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malware, corrupted data or other harmful, disruptive or destructive files that interferes with any party’s uninterrupted use and enjoyment of the Game or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Game.
20. Develop or use any applications or software not intended by the Company to operate the Game.
21. Decipher, decompile, disassemble, prepare derivative works of or reverse engineer any of the software comprising or in any way making up a part of the Game.
22. Copy or adapt the Game whether in whole or in part for sale or redistribution or otherwise.
23. Encourage, abet, aid, facilitate or enable any other individual to carry out any of the foregoing acts.
24. Any other act in violation of these Terms of Use.
25. Any other acts which are similar to or deemed to be likely to conflict with any of the acts set forth above.
26. Any other acts that is deemed by the Company to be inappropriate.

14.Personal Data

The Company shall handle personal information obtained from the Users in accordance with the Company’s Privacy Policy.

15.Modification, Interruption and Termination of the Game

The Company reserves the right to change, modify, or remove the contents of the Game at any time or for any reason at its sole discretion without notice. However, the Company is under no obligation to update any information on the Game. The Company also reserves the right to suspend or discontinue all or part of the Game without notice at any time. The Company will not be liable to the User or any third party for any modification, interruption suspension, or discontinuance of the Game.

When the provision of the Game is terminated, the Company shall, except in the case of emergency, announce or notify User of the termination in advance by a method deemed appropriate by the Company.

The Company reserves the right to suspend or terminate all or a part of the Game under the following situations:
(1) Where the Game experiences hardware, software or other problems or where maintenance related to the Game is required;
(2) Loss of or disruption to communication lines;
(3) Acts of God, floods, earthquakes, fires, natural disasters, explosions, accidents, interruption or failure of utility services, war, terrorist attacks, civil commotion or riots, armed conflict, trade disputes, strikes, epidemics, pandemics, or other events, circumstances or causes not within a party's reasonable control;
(4) where the Company otherwise determines, in its sole and absolute discretion, to suspend or discontinue the Game. In the event of a suspension or termination of the Game, the Company shall provide the User with advance notice in the form and manner that it deems appropriate, except in situation where the suspension or termination is a result of an emergency or unforeseeable situations beyond the control of the Company.

16.Disclaimer of Warranties

THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THE USER AGREES THAT THE USE OF THE GAME WILL BE AT THE USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GAME AND THE USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE GAME OR ANY THIRD PARTY CONTENT LINKED TO THE GAME OR THAT THE GAME WILL MEET THE USER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR FREE BASIS.

THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE GAME, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAME, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAME BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME.

17.Indemnity

THE USER AGREES TO BE LIABLE FOR AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY (AND ITS AGENTS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND PARTNERS) AGAINST ANY AND ALL CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USER’S ACCESS TO OR USE OF THE GAME, (B) A VIOLATION OF THE TERMS OF USE OR PRIVACY POLICY; OR (C) ANY ACT THAT IS ATTRIBUTABLE TO THE USER.

18.Limitation of Liability

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE COMPANY, ITS DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OR CORRUPTION OF DATA, LOSS OR EXPIRY OF IN GAME CURRENCY, OR OTHER DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, INDEMNITY, BREACH OF WARRANY OR OTHER THEORY ARISING FROM THE USE OF THE GAME (INCLUDING THE SUSPENSION OR TERMINATION OF THE PLAY MINING ID OR THE GAME), REGARDLESS OF WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO DAMAGES ARISING OUT OF THE WILFUL MISCONDUCT OR GROSS NEGLIGENCE OF THE COMPANY.

19.Amendment of Terms of Use

The Company reserves the right to change, modify, add or remove portions of the Terms of Use and Privacy Policy from time to time. In the event that the Company changes, modifies, adds or remove portions of the Terms of Use and/or Privacy Policy, the Company will provide notice of such changes within the Game system or on the website [https://jobtribes.io/]. The revised Terms of Use will be deemed to have accepted the revised Terms of Use if the User continues to access and use the Game after the provision of the notice. If the User does not agree to the revised Terms of Use and/or Privacy Policy, the User must stop accessing and using the Game.

20.Severability

If any provision of any of the Terms of Use is held, by the final judgment of a court of competent jurisdiction or the final award of an arbitrator, to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible to effect the intent of the Parties, or, to the extent incapable of such enforcement, shall be deemed to be deleted from this Agreement, and the remainder of the Terms of Use shall remain in full force and effect.

21.Governing Law

The Terms of Use shall be construed in accordance with the laws of the Republic of Singapore.

22.Dispute Resolution

Any dispute arising out of or in connection with the Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) 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 seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.