TERMS AND CONDITIONS

Effective as of November 22 2020

IMPORTANT - PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING AND/OR USING ANY Web Cloud IT Services PTE. LTD. ("Web Cloud IT Services") WEBSITE AND/OR MOBILE APPLICATION(S), OR ANY Web Cloud IT Services ONLINE SERVICE(S) (referenced collectively herein as the "Solution"). Web Cloud IT Services IS WILLING TO PERMIT USE OF THE SOLUTION SUBJECT AT ALL TIMES TO AGREEMENT WITH THESE TERMS AND CONDITIONS. BY ACCESSING, DOWNLOADING, AND/OR USING THE SOLUTION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SOLUTION.

1. LICENSE GRANT: These Terms and Conditions provide to an individual (person) user (identified herein as "you" or a "user" or with "your") a personal, revocable, limited, non-exclusive, nontransferable, and (limited) nonsublicensable license to use the Solution for your personal, non-commercial use.

2. LICENSE GRANT RESTRICTIONS: These Terms and Conditions provide only a license and not an assignment or sale. Web Cloud IT Services transfers no ownership or intellectual property interest or title in and to the Solution to you or anyone else. Further, Web Cloud IT Services reserves all rights not expressly granted by these Terms and Conditions. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by Web Cloud IT Services) of the Solution (including any video or screen image thereof). In addition, you shall not enter into any contractual relationship or other legally binding obligation with any third party or person which shall have the purpose or effect of encumbering Web Cloud IT Services or the use of the Solution (or any part thereof).

3. USER OBLIGATIONS: You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Solution. By accessing or using the Solution, you represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials to or through the Solution, including, without limitation, when you provide information via a registration or submission form. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Solution only with the involvement and acceptance of (these Terms and Conditions by) their parent or legal guardian and then solely under such parent or legal guardian's account. You also represent that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Solution. You also acknowledge and agree that use of the Internet and the Solution is solely at your own risk.

4. ACCOUNT: You may be required to register to use the Solution. Each registration is for a single individual person only, unless otherwise expressly agreed upon by Web Cloud IT Services. Registration for access to and use of the Solution may also require access credentials, such as a password, or adherence to other particular access requirements as designated by Web Cloud IT Services in its sole discretion from time to time. You hereby agree to consider your access credentials as confidential information and not to disclose such information to any third party without the prior express written consent of Web Cloud IT Services, which may be withheld in its sole discretion. In addition, you agree to assume all responsibility concerning your use of the Solution, including being held responsible for any and all activity occurring through your user name and password (and the related account access). You shall immediately notify Web Cloud IT Services if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and/or password.

5. SOCIAL INTERACTIONS: The Solution may provide access to communication, other interactive features, and social functionality where you can share, exchange information or content, or otherwise communicate with other users (with such shared or exchanged information, content, or communications referenced collectively as "Interactions"). You agree that by using the Solution you will not upload, post, display, or transmit any of the following:

• anything which may damage, lessen, or harm the goodwill or reputation of Web Cloud IT Services and its services;
• anything which defames, harasses, bullies, threatens, or in any way violates or infringes on the rights of others;
• anything which may be considered offensive, obscene, or otherwise inappropriate, including language or content of a sexual nature, that includes nudity, that includes or incites violence, that relates to alcohol, tobacco, or drugs, or that denigrates any person or group on any basis, including, without limitation, on the basis of race, religion, nationality, age, sexual orientation, or gender identity;
• anything which involves the impersonation of any other person or entity;
• anything which constitutes junk mail, spam, or unauthorized advertising; or
• anything which is unlawful.

Other users who use such social features of the Solution may obtain information regarding your activities and achievements associated with your user name relating to games offered through the Solution. Also, if you and one or more other users agree, each may receive automatic notifications regarding the other's activities relating to games offered through the Solution. Web Cloud IT Services reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Interaction. Further, and as applicable, Web Cloud IT Services shall not have any obligation to incorporate or utilize any Interaction that does not correspond to or meet Web Cloud IT Services's technical or usage practices, parameters, and limits.

6. NO PRE-SCREENING OF INTERACTIONS: You, and not Web Cloud IT Services, shall be the author and/or sender of any Interaction. Web Cloud IT Services is not responsible for pre-screening or editing your or any other user's Interactions and encourages reasonable discretion and caution in evaluating or reviewing any Interaction(s). Moreover, Web Cloud IT Services does not endorse or approve of any message, opinion, or idea expressed in an Interaction (unless separately and expressly provided by Web Cloud IT Services), and does not make any representation with respect to the accuracy, acceptability, completeness, timeliness, or reliability of any Interaction(s). Nevertheless, Web Cloud IT Services reserves the right to monitor, delete, or take other action with respect to any Interaction(s) that Web Cloud IT Services reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms and Conditions, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; (v) protect the rights, property, or safety of Web Cloud IT Services, its users, or the public; or (vi) address any act or omission that Web Cloud IT Services believes in good faith violates these Terms and Conditions and/or is, or is potentially, unlawful or harmful to Web Cloud IT Services, its services, or goodwill.

7. YOUR ALLOWANCES AND GRANTS TO Web Cloud IT Services: You permit Web Cloud IT Services the right to (i) allow the Solution to use the processor, bandwidth, camera, and storage hardware on your mobile device or other device used to access the Solution in order to facilitate the operation of the Solution; (ii) require the downloading of updates and upgrades, including for the purpose(s) of fixing product defects or providing enhancements; and (iii) provide advertising and other information to you as determined (or permitted) by Web Cloud IT Services. You further grant to Web Cloud IT Services for any lawful purpose and without any additional approval or consideration, a non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable, fully paid, worldwide right and license to use the data and content, including your image (or likeness), photograph, or any Interaction(s) you submit (or provide) through the Solution or that is gathered by Web Cloud IT Services in connection with your use of the Solution. You represent and warrant that you have all necessary rights or permissions to share your data and content (including any photograph or Interaction(s)), and acknowledge that Web Cloud IT Services has no control over the extent to which any Interaction may be used by any party or person once posted or displayed.

8. SOLUTION FEEDBACK: Web Cloud IT Services further welcomes your feedback and suggestions about Web Cloud IT Services's products or the Solution or with respect on how to improve the Solution. By transmitting any suggestions, information, material, or other content (collectively, "Feedback") to Web Cloud IT Services, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Web Cloud IT Services and enable Web Cloud IT Services to use such Feedback. In addition, any Feedback received by Web Cloud IT Services will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right, and license from you for Web Cloud IT Services to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.

9. PROPRIETARY RIGHTS: The Solution is owned by Web Cloud IT Services and/or its licensor(s). © 2018-2024 Web Cloud IT Services and/or its licensor(s). All rights reserved. Web Cloud IT Services, the Web Cloud IT Services logo, and all other names, logos, and icons identifying Web Cloud IT Services and its solutions, products, and services are proprietary trademarks of Web Cloud IT Services, and any use of such marks without the express written permission of Web Cloud IT Services is strictly prohibited. Other service, product, or company names mentioned or displayed may be the trademarks and/or service marks of their respective owners.

10. ADDITIONAL TERMS AND CONDITIONS: Additional notices, terms, and conditions may apply to receipt of (or access to) certain materials, participation in a particular program, and/or for usage (or specific portions or features) of the Solution, including, without limitation, the Web Cloud IT Services. Without limitation of the foregoing, you hereby agree that: (i) these Terms and Conditions operate in addition to any terms of use imposed or required by any digital download platform from which you download the Solution ("App Provider Terms"); and (ii) the terms of these Terms and Conditions supplement and do not alter or amend any such App Provider Terms. If the Solution includes any components provided by third parties, or otherwise facilitates your access to third-party offerings, your rights and obligations with respect to such third-party components or offerings are subject by such third party's license or grant of rights. Web Cloud IT Services has no obligations relating to such third-party offerings or components. Please also note that your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Solution. In addition, not all features of the Solution may work with all carriers, networks, or devices. You are responsible for checking with your mobile carrier to determine if the Solution is available for use with your mobile device(s), what restrictions, if any, may be applicable to your use of the Solution on a mobile device(s), and how much any use will cost. Nevertheless, all use of the Solution shall be in accordance with these Terms and Conditions.

11. LINKS TO OTHER SITES: The Solution may connect to certain third-party websites, advertisements, or online networks (collectively, "Third-Party Sites"). Offers from such third-party websites or vendors may include invitations to participate in a promotional offer in return for receiving an optional offering (such as in-game currency). To properly credit user accounts and to prevent fraud, a unique identifier, in some cases a unique user ID number, may be shared with the third-party advertiser. You understand and acknowledge that any available offering is not transferrable, is not legal tender, cannot be used to purchase anything outside of the Site and has no monetary value outside the Solution. Please also note that upon clicking on one of these advertisements, you will no longer be in any application or website designed, published, controlled, or hosted by Web Cloud IT Services. All Third-Party Sites are owned, controlled, and/or maintained solely by third parties over whom Web Cloud IT Services exercises no control. These links do not imply an endorsement with respect to any Third-Party Site(s) or the information, products, or services provided by any Third-Party Site(s). Web Cloud IT Services encourages review of the applicable terms, conditions, or notices governing use of these Third-Party Sites. Your correspondence or any other dealings (including any transactions) with third parties found through any Third-Party Site(s) is solely between you and such third party.

12. PRIVACY POLICY: Please see Web Cloud IT Services's Privacy Policy for a summary of Web Cloud IT Services's personally identifiable information collection and use practices.

13. DISCLAIMER: THE SOLUTION IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE STATE LAW IMPLEMENTATION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (INCLUDING ANY AVAILABLE REMEDIES OR LAWS) SHALL NOT APPLY TO THESE TERMS AND CONDITIONS AND IS HEREBY DISCLAIMED. Web Cloud IT Services ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOLUTION (AND ANY THIRD-PARTY COMPONENTS) WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. Web Cloud IT Services (AND ITS PROVIDERS OF THIRD-PARTY COMPONENTS) EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Web Cloud IT Services ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY OR AVAILABLE THROUGH THE SOLUTION.

14. LIMITATION OF LIABILITY: YOU EXPRESSLY ABSOLVE AND RELEASE Web Cloud IT Services FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND Web Cloud IT Services'S CONTROL, INCLUDING AS CAUSED BY ANY THIRD-PARTY SOFTWARE OR HARDWARE. MOREOVER, IN NO EVENT SHALL Web Cloud IT Services (OR PROVIDERS OF THIRD-PARTY COMPONENTS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SOLUTION (OR ANY THIRD-PARTY COMPONENT). NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF Web Cloud IT Services FOR BREACH OF THESE TERMS AND CONDITIONS IS CESSATION OF USE OF THE SOLUTION, AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE SOLUTION WHATSOEVER. THE TOTAL LIABILITY OF Web Cloud IT Services IS LIMITED TO AN AMOUNT NOT EXCEEDING THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO Web Cloud IT Services DURING THE PRIOR TWELVE (12) MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE SOLUTION.

15. GOVERNING LAW: The Solution is controlled and operated by Web Cloud IT Services from its offices within Singapore. These Terms and Conditions have been made in and will be construed and enforced in accordance with the laws of as applied to agreements entered into and completely performed in the . A printed version of these Terms and Conditions, and of any related notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent as other documents and records originally generated and maintained in printed form. Please print a copy of these Terms and Conditions or contact Web Cloud IT Services if you wish to receive a printed copy of these Terms and Conditions.

16. ENFORCING SECURITY: You may not use the Solution or any of Web Cloud IT Services's data, systems, networks, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using Web Cloud IT Services's data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a Web Cloud IT Services system or network, circumventing any Web Cloud IT Services security or authentication measures, monitoring Web Cloud IT Services data or traffic, interfering with any Web Cloud IT Services services, collecting or using from the Solution email addresses, usernames, or other identifiers, collecting or using from the Solution information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Solution to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against Web Cloud IT Services or its data, systems, or network. Actual or attempted unauthorized use of the Solution may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Web Cloud IT Services reserves the right to view, monitor, and record activity on the Solution without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Solution, as well as to disclosures required by or under applicable law or related government agency actions. Web Cloud IT Services will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Web Cloud IT Services reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access the Solution, or any portion of the Solution in order to protect the Solution or Web Cloud IT Services.

17. INJUNCTIVE RELIEF: You acknowledge that any breach, threatened or actual, of these Terms and Conditions, including, without limitation, with respect to unauthorized use of Web Cloud IT Services proprietary assets, will cause irreparable injury to Web Cloud IT Services. Such injury would not be quantifiable in monetary damages and Web Cloud IT Services would not have an adequate remedy at law. You therefore agree that Web Cloud IT Services shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that Web Cloud IT Services post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Web Cloud IT Services to enforce any provision of these Terms and Conditions.

18. TERM AND TERMINATION: These Terms and Conditions will take (re-take) effect at the time you accept, download, or begin using the Solution, whichever is earliest. These Terms and Conditions will terminate automatically if: (i) you fail to comply with any of its terms and conditions; or (ii) cease all use of the Solution. Termination in such event(s) will be effective without notice. In addition, Web Cloud IT Services may in its sole discretion terminate these Terms and Conditions or suspend the Solution's performance upon notice to you for any or no reason. Upon termination of these Terms and Conditions, any and all right(s) to use the Solution shall immediately cease and you must promptly delete or destroy all copies of the Solution in your possession or control. The provisions concerning License Grant Restrictions, Your Allowances and Grants to Web Cloud IT Services, the Solution Feedback, Confidentiality, Web Cloud IT Services's Proprietary Rights, Disclaimer, Limitation of Liability, Arbitration, Governing Law, Enforcing Security, Injunctive Relief, Waiver & Severability, and Entire Agreement will survive the termination of these Terms and Conditions for any reason.

19. WAIVER & SEVERABILITY: Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Web Cloud IT Services of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the licensed rights to Web Cloud IT Services, warranty disclaimers, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

20. ENTIRE AGREEMENT: You and Web Cloud IT Services are independent contractors. No joint venture, partnership, employment, or agency relationship exists between you and Web Cloud IT Services as a result of these Terms and Conditions or your utilization of the Solution. These Terms and Conditions represent the entire agreement between you and Web Cloud IT Services with respect to your individual use of the Solution. These Terms and Conditions may not be assigned, transferred, conveyed, delegated, or granted by you to another party or person without the prior written consent of Web Cloud IT Services. Please note that Web Cloud IT Services reserves the right to change these Terms and Conditions under which the Solution and its offerings are extended to you by posting online a revised Terms and Conditions or mailing and/or e-mailing notice thereof to you. In addition, Web Cloud IT Services may add, modify, or delete any aspect, program, functionality, or feature of the Solution. Your continued use of the Solution following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of these Terms and Conditions. Accordingly, please review these Terms and Conditions on a periodic basis.

21. OPT-IN AND USER COMMUNICATION: Subscriber's expressly and specifically acknowledges and agrees that his email address or other means of communicating with subscriber may be used to send him offers, information or any other commercially oriented emails or other means of communications. More specifically, some offers may be presented to the subscriber via email campaigns or other means of communications with the option to express the subscriber's preference by either clicking or entering "accept" (alternatively "yes") or "decline" (alternatively "no"). By selecting or clicking the "accept" or "yes", the subscriber indicates that the subscriber "OPTS-IN" to that offer and thereby agrees and assents that the subscriber's personal information, including its email address and data may be used by Web Cloud IT Services.

22. TELEPHONE COMMUNICATION: Where 'prior express written consent' within the meaning of the Telephone Consumer Protection Act ('TCPA'), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology, and text and SMS messages to the telephone number(s) that you provided from us and the marketing partners. Your consent allows us to contact you via these means. Web Cloud IT Services may send you SMS messages from their short codes or long codes. Recurring messages are maximum 3 messages per week. Message and data rates may apply. Text STOP to opt-out from future messages and HELP for more information. The mobile carriers are not liable for delayed or undelivered messages.

23. CONTACT INFORMATION: If you have questions regarding the Solution or if you are interested in obtaining more information concerning Web Cloud IT Services or its products, services, or solutions, please contact 10 Anson Road, #11-20 International Plaza, 079903, Singapore

Copyright © 2024 WebCloudITServices - Web Cloud IT Services PTE. LTD., 10 Anson Road, #11-20 International Plaza, 079903, Singapore