End User License Agreement
 
M1 GAMES ONLINE END USER LICENSE AGREEMENT
   
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCEPTING AND/OR USING THIS SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO. M1 LIMITED ("M1") MAY MAKE CHANGES OR REVISE THESE TERMS AND CONDITIONS AT ANY TIME WHICH WILL BE PUBLISHED ON THIS WEBSITE. PLEASE ENSURE THAT YOU CHECK BACK PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY SUCH CHANGES OR REVISIONS.
   
1.
Description of Service
 
1.1
M1 Limited ("M1", "we," or "us") provides an online service, M1 Games Online (the "M1 Game Portal"), offering a selection of online games (the "Content"). The Content is available for your access and use on your computer subject to your compliance with these Terms and Conditions and any other end user license agreement that may so be required.
 
1.2
Unless otherwise stated, all Content on the M1 Game Portal is the property of or licensed to M1, and M1 reserves the right to change, vary or delete the Content at any time without notice to you.
 
2.
Copyright and Trademark Notices
 
2.1
All Content on the M1 Game Portal is protected by copyright, trademarks, service marks, patents, trade secrets, design rights or proprietary or other intellectual property rights and laws. Unless otherwise expressly stated, all copyrights, trademarks, tradenames, logos, service marks, patents, trade secrets, design rights and other intellectual property or proprietary rights in the Content (including but not limited to all information, text, sound, music, software, photographs, videos, graphics, data, messages and materials) on the M1 Game Portal are the property of M1, its affiliates and/or third party licensors. You may view, access and use the Content for personal and non-commercial purposes only and not for redistribution or sale. The Content may not be reproduced, distributed, transmitted, published, displayed, broadcast, adapted, licensed, altered, hyperlinked, or otherwise used in any manner or by any means without M1's prior written consent. Your use of the Content shall not affect the underlying intellectual property rights in and to the same nor shall it constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners.
 
2.2
You will not (nor attempt to) tamper with, modify or create derivative works of the Content. You may not, without M1's prior written consent, insert a hyperlink to M1's websites (or any part thereof), including the M1 Game Portal, on any other website or "mirror" or frame any content contained on M1's websites or any other server or website, including the M1 Game Portal. You further undertake to comply with all Terms and Conditions herein and with all laws and regulations applicable. Without prejudice to the same, you undertake not to commit any infringement or unlawful activities in connection with this Agreement.
 
2.3
No license or right is granted to you and your access to the M1 Game Portal, should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks or any other intellectual property rights appearing on such websites without M1's prior consent. You may not, without M1's prior written consent, use any of such trademarks, tradenames, logos or service marks or any other intellectual property rights.
 
2.4
M1 does not guarantee, represent or warrant that all of the licensed material purported to be the copyright of the copyright owners set out in such copyright notice or credit information is in fact their copyright. In the event that you believe that any Licensed Material is the copyright of someone other than whom it purports to belong to, please contact our Customer Service Hotline at 1627.
 
3.
Registration and Access
 
3.1
You must click on the "I Accept" button at the end of this Agreement to indicate your acceptance of these Terms and Conditions.
 
3.2
You will be required to complete a registration process before accessing the M1 Game Portal. You agree that you shall provide such personal information which will be true, accurate, current and complete. You further agree that you will maintain up-to-date information at all times which will be true, accurate, current and complete by making the necessary amendments and additions to your registration information (or user profile) from time to time.
 
3.3
You will receive an email confirmation of your username, password, email address and any other necessary information for your access to and use of the Content on the M1 Game Portal ("Log-In Details") upon your successful submission of your registration information.
 
3.4
Your access to the M1 Game Portal may be limited until your registration has been fully completed. In any event, your usage of the accessible portions of the M1 Game Portal will still be governed by these Terms and Conditions to the fullest extent applicable.
 
3.5
You are responsible for the use and access of the M1 Game Portal under your account. You shall use the Service for lawful purposes only, in accordance with this Agreement and any other applicable laws and regulations.
 
3.6
You are responsible for the security of your account information and you must keep your Log-In Details confidential. You are fully liable to us for your use of your Log-In Details, even where those Log-In Details are used by a third party without your knowledge or consent. Whenever your Log-In Details are used in conjunction with the M1 Game Portal, we are entitled to assume that such use of the M1 Game Portal is deemed to have occurred with your authorization. You must immediately notify us in writing if you believe that the security of your Log-In Details has been compromised in any way. Upon such notification, we will take whatever steps we consider reasonably necessary to address any security breach, which may include cancelling and re-issuing your Log-In Details or suspending your access to part or all of the M1 Game Portal. Until we are informed otherwise, we are entitled to treat all access into this M1 Game Portal via your Log-In Details as being made by you and you shall be responsible for all consequences arising from any unauthorized use of your Log-In Details.
 
3.7
You acknowledge that your use of the M1 Game Portal requires your capacity to enter into agreements and/or to make purchases electronically, and that your electronic submissions constitute your agreement to be bound by these Terms and Conditions and to pay for any purchases. You agree to fully indemnify us against any damages or losses that may be incurred by M1 or any other third parties as a consequence of your breach of any of your representations and warranties in this Agreement.
 
3.8
You are liable for all activities and/or transactions conducted through your account. Parents and/or guardians are liable for all activities and/or transactions of their children (who are minors) conducted through their account.
 
4.
Terms of Use
 
4.1
Subject to your compliance with these Terms and Conditions, you are allowed use of the M1 Game Portal upon registration which includes accessing and viewing the Content for your personal, non-commercial purposes as set forth in these Terms and Conditions.
 
4.2
You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, modify, exchange, stream capture, reproduce, duplicate, distribute, upload, publish, modify, translate, broadcast, pass off, download, make derivative works of, perform, display, sell, re-sell, transmit or retransmit to any other person any Content on the M1 Game Portal.
   
4.3
You may not use any "deep-link", "page-scrape", "screen-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the M1 Game Portal, or in any way reproduce or circumvent the navigational structure or presentation of the M1 Game Portal, to obtain or attempt to obtain any Content through any means not purposely made available through the M1 Game Portal.
   
4.4
You may not attempt to gain unauthorized access to any portion or feature of the M1 Game Portal, or any other systems or networks connected to the M1 Game Portal or to any servers operated by M1, or to any of the services offered on or through the M1 Game Portal, by hacking, password "mining" or any other illegitimate means.
   
4.5
You may not (nor attempt to do any of the following prohibited activities): (a) probe, scan or test the vulnerability of the M1 Game Portal or any network connected to the M1 Game Portal; (b) breach the security or authentication measures on the M1 Game Portal or any network connected to the M1 Game Portal; (c) reverse look-up, trace or seek to trace any information on any other user of or visitor to the M1 Game Portal, or any other M1 customer/end user's account which is not owned by you, to its source, or exploit the M1 Game Portal or any service or information made available or offered therein, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the M1 Game Portal.
   
4.6 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure or bandwidth of the M1 Game Portal, systems, networks or server, including but not limited to "hotlinking" or linking directly to any object on the M1 Game Portal or M1 servers.
   
4.7
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the M1 Game Portal or any transaction being conducted on the M1 Game Portal, or with any other person's use of the M1 Game Portal.
   
4.8
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to M1 on or through the M1 Game Portal or any service offered on or through the M1 Game Portal. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
   
4.9
You agree that all Content transmitted or made available through the M1 Game Portal are the sole responsibility of the person or entity from which such Content originated. M1 and its affiliates will not be liable in any way for any third party content, products or services which you may access, use or acquire through the M1 Game Portal. M1 and its affiliates do not control any third party content, products or services which you may access, use or acquire through the M1 Game Portal. Further, M1 and its affiliates do not endorse or guarantee the accuracy, reliability, integrity, legality, quality or non-infringing of such content, products or services and shall assume no liability or responsibility for the acts or defaults of such advertisers or third parties or for any non-delivery, non-performance, defects or default in any such goods and services.
   
4.10
You agree that by using the M1 Game Portal, you may be exposed to third party content that may be defamatory, offensive, indecent, objectionable, illegal or unlawful. M1 disclaims to the fullest extent allowed under applicable law, any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the M1 Game Portal.
   
4.11
M1 may, at its sole discretion, deny access to, modify, suspend or terminate any Content (including third party content, products and services), that may be defamatory, offensive, indecent, objectionable, illegal or unlawful or may have infringed any party's intellectual property rights, or for any other reason, without notice to you.
 
4.12
You acknowledge that M1 may be under a legal obligation to implement certain provisions and/or measures in the enforcement of intellectual property rights and you agree to comply with any such provisions and/or measures as directed by M1.
 
4.13
You acknowledge and agree that in the event that M1 suspects that you are using the M1 Game Portal or its Contents for illegal or improper activities, M1 may inform the relevant authorities and/or act in conformity with the relevant authorities' directions or guidelines, without prior notice to you.
 
4.14
You agree that M1 has the right to interrupt your use of the M1 Game Portal and/or its Content from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You acknowledge that your use of the M1 Game Portal and/or its Content may be interrupted for reasons beyond the control of M1 and M1 cannot guarantee that you will be able to access the M1 Game Portal at all times. M1 shall not be liable for any interruption of your use of the M1 Game Portal or any delay or failure to perform resulting from any causes beyond M1's reasonable control.
 
4.15
M1's websites may also include hyperlinks to websites which are owned or operated by third parties. Such third party websites are not under our control. M1 and its affiliates cannot accept responsibility for the contents of or the consequences of accessing any such third party websites or any link contained in such websites. The hyperlinks found in M1's websites, including the M1 Game Portal, shall not be construed as an endorsement or verification of such third party websites or the contents found therein by M1 and its affiliates. You agree that your access to and/or use of such third party websites is at your sole risk and subject to any terms and conditions of access and/or use of such third party websites as may be applicable.
 
4.16
Parents and/or guardians may find aspects of the M1 Game Portal or the Contents inappropriate for the use of minors. While M1 may choose to monitor and take action upon inappropriate game play, chat or links on the M1 Game Portal, it is possible that at any time there may be language or other material accessible through the M1 Game Portal that may be inappropriate for minors and/or offensive to users of any age. M1 cannot ensure that other users of the M1 Game Portal will not provide content or access to content that parents and/or guardians may find inappropriate or deem to be objectionable. M1 does not as a matter of policy pre-screen the content of the material or communications transmitted by the users of the M1 Game Portal.
 
5.
Payment
 
5.1
Your access and use of the M1 Game Portal and the Content may be subject to prices which will be indicated and no requests for refunds will be entertained. You shall be liable to pay for such incurred fees or charges, as may be determined by M1 from time to time.
 
5.2
Any disputes raised in relation to billing or payment shall be treated in accordance with M1's General Terms and Conditions.
 
5.3
M1 reserves the right, at any time, to change the price and billing methods of the Content.
 
6.
Termination
 
6.1
In the event that you are not satisfied with the M1 Game Portal, the Contents or any of the terms of this Agreement, you may and your sole and exclusive remedy is, to discontinue your access and use of the Service.
 
6.2
M1 reserves the right to cease the provision of the Content or any part thereof or terminate your ability to access the M1 Game Portal and the Content at any time in its discretion, or in the event of your breach or suspected breach of any of the Terms and Conditions herein, or any infringement or breach of intellectual property laws on your part, or your failure to comply with all applicable laws and regulations; without any liability to you whatsoever. Any such termination shall be without prejudice to M1's accrued rights and all other rights and remedies available to M1 at law or in equity.
 
6.3
Without prejudice to the aforesaid, M1 reserves the right to terminate your ability to access the M1 Game Portal and the Content without any liability to you whatsoever if your access to the same is required to be disabled or removed under the provisions of any law or regulation, including but not limited to intellectual property rights laws.
 
6.4
You agree that in the event of termination of your account for any reason, no refunds on any prepaid credit balance will be given.
 
7.
Privacy
 
7.1
M1 recognises that privacy and security are important concerns to you. Generally you can visit M1's websites without telling us who you are or revealing any information about yourself. However, there are services offered on M1's websites which you may subscribe to by providing to us your personal information as requested. Personal information refers to personal information relating to you obtained by us in the course of and as a result of the provision of the services by us. Such personal information includes your name, mailing address, phone number and email address. We treat your personal information as confidential however, we may use your personal information for the purposes of: planning, provisioning and billing for services, managing bad debt and preventing fraud, facilitating interconnection and inter-operability between service providers; rendering assistance to law enforcement, governmental or regulatory agencies; or complying with any applicable laws, regulations or any order of court, or for any other reason as stated in our General Terms and Conditions or under applicable laws and regulations from time to time. Without prejudice to the above, you consent to us sharing your personal information with third party licensors or content providers, who may use such information for enforcement purposes in the event you commit any infringing or unlawful activity.
 
7.2
Any information (including feedback, data, comments, suggestions, ideas or the like) that M1 or its affiliates receive through its websites, other than your personal information, will be regarded as non-confidential. M1 may from time to time conduct online surveys and request for information about your interest or your views about specific matters in an effort to improve its services to you. You may choose not to respond. By sending to M1 non-personal information through M1's websites or through any other electronic means, you grant to M1 and its affiliates an unrestricted, irrevocable license to use, reproduce, display, modify, perform and distribute such non-personal information in any manner and for any purpose as M1 or its affiliates shall deem fit.
 
8.
Unacceptable Conduct
 
8.1
You may not engage in any conduct or communication which is unlawful, offensive, inappropriate or objectionable while using the M1 Game Portal or the Content or which restricts or prevents other users' use or enjoyment of the M1 Game Portal.
 
8.2
M1 reserves the right at its sole discretion to warn, temporarily or permanently suspend or terminate your access and use of the M1 Game Portal and the Content or any part thereof if M1 determines, at its sole discretion that you have engaged in conduct which is harmful to other users, damaging to the branding of the M1 Game Portal and/or in violation of M1's or any third party rights.
 
8.3
Although M1 will use its best endeavours to ensure that unacceptable conduct (or any unacceptable content which is transmitted as a result) is prohibited (and deleted), you acknowledge that users' communication during their access and use of the Content occurs in real-time and M1 cannot, and will not, screen communication in advance.
 
8.4
You may not use the M1 Game Portal to:
 
  • Harass, threaten or embarrass another user of the M1 Game Portal or to cause anxiety, distress, unwanted attention, harm or discomfort of such user, or any other person or entity. M1 does not condone harassment in any form and may suspend or terminate the account of any user who harasses others. Personal attacks, including comments or statements which are discriminatory whether involving race, nationality, ethnicity, religion, gender, lifestyle choice, and/or disability are strictly prohibited.
  • Post, transmit or make reference to pornographic, obscene or sexually explicit images. The transfer or posting of such images or other similar content is deemed offensive and is strictly prohibited.
  • Post or transmit any unlawful, abusive, defamatory, vulgar, hateful or otherwise objectionable content. You must not engage in vulgar or abusive language or such impermissible behavior on the M1 Game Portal, whether masked by symbols or other characters.
  • Post or transmit any content which may be in violation of any applicable laws, rules or regulations or otherwise give rise to civil liability.
  • Post or transmit any content which may constitute an infringement or violation of the rights of any party including but not limited to intellectual property rights and rights of confidentiality.
  • Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than users are able to type onto it.
  • Pretend that you are (or that you represent) someone else, or impersonate any other individual or entity while engaging in any and all forms of online communication, including, but not limited to, user names, user profiles, voice, text or graphic chat, message postings or any form of communication online. Impersonation is prohibited and may lead to immediate account termination.
  • Engage in disruptive behavior in, without limitation, chat areas, game areas, and bulletin boards on the M1 Game Portal. Disruptive behavior shall be deemed to include, without limitation, conduct which purposefully interferes with the normal flow of dialogue, commercial postings, solicitations and advertisements.
  • Post or transmit chain letters or pyramid marketing schemes which may be illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
  • Posting or transmitting unsolicited advertising, promotional materials, or other forms of solicitation. You may not use the M1 Game Portal to send such unsolicited advertising, promotional material, or other forms of solicitation to other users. You may not use the M1 Game Portal to collect or "harvest" user names without the express permission of those users. M1 reserves the right to block and/or filter mass email solicitations on or through the M1 Game Portal.
  • Violate any other applicable operating rules, policies or guidelines of any other third party (including another online service provider).
  • Violate, whether intentionally or unintentionally, any applicable laws or regulations. In particular, the use of any material which is or may be subject to the intellectual property rights of any other person or entity without the express permission of such intellectual rights holder is expressly prohibited, and will result in the termination of your access and use of the M1 Game Portal and may give rise to civil and/or criminal liability.
  • Posting on many bulletin boards at once and/or sending multiple unsolicited emails to a single address, sometimes referred to as "spamming," is prohibited. M1 may terminate your account if any of the following offenses is reported:
 
  (i) Posting a similar or identical message to more than 5 bulletin boards;
  (ii) Sending unsolicited mail to more than 30 people; or
  (iii)Sending more than two (2) unsolicited emails to a single email address.
 
Repeated spamming will result in account termination. In certain situations, the overall pattern of behavior on an account or a set of linked accounts may be determined to be disruptive or abusive, even if no one single act clearly violates any specific policy. In such cases M1 reserves the right to determine what actions or behavior are defined as "high-maintenance" or "disruptive" and may take action against the account(s) , ranging from a simple request to moderate the high-maintenance behavior, to a total lockout of all linked accounts, with or without prior notice.
 
8.5
Please report any violations of this Clause 8 to our Customer Service Hotline at 1627.
 
9.
Limitation of Liability and Disclaimer of Warranty
 
9.1
All Content contained in or accessed through the M1 Game Portal, are provided on an "as is" and "as available" basis and you agree that you use them at your own risk. M1 shall not have any liability whatsoever in respect of any loss of data suffered arising from the use of the Content and or the M1 Game Portal, howsoever caused.
 
9.2
M1 expressly disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent allowed by law. Without prejudice or limitation to the foregoing, M1 makes no warranty as to the sequence, accuracy, completeness, security, compatibility, timeliness, reliability, quality, suitability, reliability, originality or non-infringement of any Content obtained through the M1 Game Portal.
 
9.3
M1 does not warrant that the Content and/or the M1 Game Portal will be provided uninterrupted or available at all times or free from errors or that any identified defects will be corrected; further, no such warranty is given that such Content and access to them are free of viruses, malicious destructive or corrupting code or program or other harmful components. We may, at our sole discretion, extend help and assistance to such customer as an act of goodwill but shall in no event be obliged to provide the same. The provision of such help and assistance shall in no event be deemed an acknowledgement and/or acceptance of M1's liability.
 
9.4
To the maximum extent permitted by law, in no event shall M1 and its affiliates, directors, officers and employees be liable for any direct, indirect, special, incidental, punitive or consequential damages, including loss of profits, arising out of or in any way related to your use of the M1 Game Portal, the Content and these Terms and Conditions (even if M1 and its affiliates have been informed about the possibility of such damages) however caused, including but not limited to damages arising from (a) loss of data; (b) our violation of these Terms; (c) the use or performance of the Content; or (d) failure of the performance of the service herein.
 
10.
Indemnity
 
10.1
You agree to defend, indemnify and hold harmless M1 its affiliates, directors, officers and employees from and against any and all third party claims, damages, liabilities, costs and expenses including reasonable fees and expenses on a solicitor and client basis, arising out of or relating to your use of or conduct on the M1 Game Portal, your breach or suspected breach of these Terms and Conditions or any laws, regulations or third party rights. In addition, you shall be liable for all damages, losses and any other rights and reliefs available to M1 at law or in equity in the event of your breach of these Terms and Conditions.
11.
Amendments
 
11.1
M1 may at any time amend, delete or revise any of these Terms and Conditions and/or withdraw, suspend or change any Content provided on the M1 Game Portal. All such changes will be published online and you agree that such publication is sufficient notice to you of such changes. Please ensure that you check back periodically to determine any changes to these Terms and Conditions. You shall be deemed to have accepted the Terms and Conditions as revised by your continued use of the M1 Game Portal.
 
12.
Governing Law
 
12.1
You agree that your access and/or use of the M1 Game Portal and/or the Content, as well as these Terms and Conditions shall be governed by, and construed in accordance with the laws of Singapore. You also agree to submit to the exclusive jurisdiction of the Singapore courts.
 
13.
General Terms
 
13.1
M1 reserves the right to add, remove, vary or replace any Content at its sole discretion without assigning any reasons whatsoever.
 
13.2
No delay or failure by M1 to take any action or to enforce or exercise any of its rights under these Terms and Conditions will operate as a waiver of such rights by M1, nor will such failure or delay in any way prejudice or affect M1's rights at any time thereafter to act strictly in accordance with our rights under these Terms and Conditions.
 
13.
If any of these Terms and Conditions is held to be unenforceable, invalid or illegal for any reason, that provision shall be severed from these Terms and Conditions, save and except that the remaining provisions shall remain in full force and effect.
 
13.4
The use of the M1 Game Portal and the Content is also subject to M1's General Terms and Conditions (found at www.m1.com.sg) and such other terms and conditions as may be agreed or accepted by you. In the event of any conflict or inconsistency, such conflict or inconsistency will be resolved in a manner most favourable to M1 as determined by M1 at its sole discretion.
 
 
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