GECKOLIFE END USER LICENCE AGREEMENT
1. INTRODUCTION
1.1. Please read and review these terms and conditions carefully before using GeckoLife.com ("our Platform"). GeckoLife.com is a product of ClubGecko.com Pte. Limited ("the Company"), a Private Limited Company incorporated under the laws of Singapore. By accessing or using our Platform, you acknowledge and agree that you have read, understood and agree to be legally bound by the terms and conditions of this End User Licence Agreement ("EULA").
1.2. The terms and conditions in this EULA herein are binding on you in the capacity of the parent/legal guardian of the child user(s), as well as in your own individual capacity as an individual and litigation representative of the child(ren). As you are providing consent for the creation of an account for a minor, you are also agreeing that the minor will be bound by the terms and conditions of this EULA.
1.3. If you do not agree to these terms and conditions in this EULA without qualification or caveat, please do not use our Platform or authorise its use by others.
1.4. We reserve the right, at our sole and absolute discretion, which shall not be challenged or open to challenge, to change, modify or otherwise alter the terms and conditions in this EULA at any time. Such alterations shall become effectively immediately upon posting.
1.5. You have the responsibility to periodically check back and review the terms and conditions of this EULA. Your continued use of our Platform following the posting of any changes to these terms and conditions shall mean that you have accepted and agreed to the revised terms and conditions in any event.
2. DEFINTIONS
2.1. In this EULA, unless the context otherwise requires -
2.1.1. "child" means a person who is below the age of 17 years;
2.1.2. "minor" refers to a person under the age of 21 years;
2.1.3. "we", "us", "GeckoLife", "our platform", "the company" refer to ClubGecko.com Pte. Limited incorporated in Singapore;
2.1.4. "you" or "user" refers to -
(a) the child/minor himself/herself; or
(b) the parent/guardian
i. himself/herself; and
ii. as a litigation representative for the child/minor
2.1.5. "user-generated content" means any material which is created by you or other users;
2.1.6. "System" refers to the information processing system by which GeckoLife creates, generates, stores, displays and processes electronic information fixed on GeckoLife's computer file servers comprising GeckoLife's proprietary content;
2.1.7. "Service" (or collectively "Services") refers to online games, interactive features, forums, chat rooms, websites, photo sharing and associated services, whether now known or hereafter created on our Platform;
2.1.8. "Content" refers to the computer code, programmes, routines, subroutines, objects, files, data, characters (including all Account Attributes comprising or associated with an Account), and information video and text, some of which may be provided to GeckoLife under licence from independent content providers which currently exists or which may exist in the future as a result of your interaction with our Platform;
2.1.9. "Account" refers to the enabling mechanism by which you interact with our Platform, us and other users and contains information as provided by you and identifies you as an authorised user of our Platform;
2.1.10. "Account Attributes" refers to the attributes of your Account, including without limitation your characters, objects, possessions, points, rank, status, premium items and virtual currency where applicable.
3. REGISTRATION REQUIREMENTS
3.1. By entering the compulsory information during the registration process, the user represents and warrants the truth, accuracy, completeness, correctness and reliability of all information provided. GeckoLife shall not be responsible for any loss or damage arising from the inaccuracy or incompleteness of the compulsory information provided.
3.2. As the final step in the registration process, GeckoLife will send an email to the user for verification of the information entered and for activation of the account. This email requires a response by the user for successful activation of the account and completion of the registration process.
3.3. GeckoLife reserves the right to reject any application which does not fulfil any/all of the registration requirements at its sole and absolute discretion which shall not be challenged or open to challenge by you.
3.4. By completing the registration process, you are permitted to establish an account ("Account") and to access, though your valid and authorised Account by means of an Internet connection (which is not provided by GeckoLife), the System by which GeckoLife creates, generates, stores, displays and processes electronic information stored on GeckoLife's file servers.
3.5. Your GeckoLife Account is non-transferable.
3.6. To access GeckoLife's Services, you
3.6.1. Must have a valid GeckoLife Account;
3.6.2. must have an Internet connection (which GeckoLife does not provide and which may impact your ability to access the System and Services from time to time for reasons outside the control of GeckoLife); and
3.6.3. may be required to download and install certain third party software (e.g. Adobe Reader, Windows Media Player, Adobe Flash which GeckoLife does not provide, and which may not work on your computer and which may impact your ability to access the System and Services from time to time for reasons outside the control of GeckoLife) and enter into a separate agreement(s) with such third parties for access to and use of such third party software.
3.7. You are responsible for all hardware, software, service and other costs which you incur through access and use of the Services on our Platform.
3.8. You are solely responsible for
3.8.1. providing your own Internet access;
3.8.2. any telecommunication charges or other charges which you incur through access and use of the GeckoLife account, including without limitation any premium charges and/or surcharges due to bandwidth consumption; and
3.8.3. any taxes payable by you in connection with such access and use.
4. SUBSCRIPTION
4.1. The use of our Platform is free of charge. However, GeckoLife reserves the right to charge a fee for any of the Services offered or to be offered on our Platform.
5. OWNERSHIP OF INTELLECTUAL PROPERTY
5.1. All of our Platform's software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic materials, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names ("IP Material") are the property of GeckoLife and/or its affiliates, assigns, licensors or other respective owners of the various properties featured on our Platform unless otherwise stated.
5.2. The IP Material is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and the laws of the Republic of Singapore and other countries.
5.3. By entering our Platform, you agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any IP Material to any third party (including without limitation the display and distribution of the IP Material via a third party website) without the express prior written consent of GeckoLife.
5.4. Some of the Services on our Platform may download or require you to download and store content ("Downloaded Content") on the hard disk of your computer. GeckoLife hereby grants you a personal, non-exclusive, non-assignable and non-transferable licence to use and display, for non-commercial and personal use only, one copy of any Downloaded Content which you may download from our Platform, including without limitation, any files, codes, audio or images.
5.5. Modification of the Downloaded Content or use of the Downloaded Content for any purpose other than your own personal, non-commercial use is a violation of GeckoLife's copyright and other proprietary rights and GeckoLife reserves the right to take legal action against you.
5.6. GeckoLife does not hold on trust any rights of any form on behalf of you.
6. CHATROOMS / MESSAGE BOARDS / FORUMS / BLOGS / PICTURES
6.1. To the extent that portions of our Platform provide you with an opportunity to post and exchange information, ideas and opinions ("Postings"), such Postings do not necessarily reflect the views of GeckoLife. In no event shall GeckoLife assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on our Platform.
6.2. When you post or create user-generated content on our Platform, you automatically wholly assign copyright in your Postings and their contents to GeckoLife without reservation. You also surrender to GeckoLife and waive all legal and moral rights, beneficial and/or equitable rights howsoever arising, to all your Postings automatically effective immediately upon your posting.
6.3. When you post on our Platform, you represent and warrant that you have all necessary rights in and to all postings and that such postings do not infringe any proprietary or other rights of third parties or contain any libelous, tortious or unlawful information.
6.4. GeckoLife reserves the right to exercise editorial discretion to use and change the Postings in any manner which GeckoLife may determine. Additionally, GeckoLife may sweep its chatrooms and/or message boards periodically at its sole and absolute discretion.
6.5. GeckoLife does not allow any Postings which:-
6.5.1. Interfere with any other user's use of our Platform;
6.5.2. Are abusive, illegal, unlawful, indecent, obscene, offensive, inflammatory or threatening in any manner;
6.5.3. Encourage any user to break the law;
6.5.4. Violate any user's copyright or other property rights;
6.5.5. Interfere with the privacy of any other user;
6.5.6. Contain a virus or any other harmful component;
6.5.7. Contain false or misleading statements of fact or description of the origin of the material or the communication; or
6.5.8. Other information which GeckoLife deems in its sole and absolute discretion, which shall not be challenged or open to challenge, to be inappropriate for our Platform.
7. CONTESTS, NEWSLETTERS, E-POSTCARDS AND OTHER SERVICES
7.1. GeckoLife may, where applicable, provide event- or occasion-specific terms and conditions, in which case the event or occasion shall be governed by those terms and conditions in addition to the terms and conditions of this EULA. In the event of any inconsistency, the terms and conditions of this EULA shall prevail.
8. THIRD PARTY LINKS
8.1. Our Platform may contain links to third party sites. The appearance of external third party links on our Platform does not constitute endorsement by GeckoLife of the views or opinions expressed by these third party sites.
8.2. GeckoLife does not verify, endorse, or take responsibility for the accuracy, currency, completeness of quality of the content published on these third party sites. Further, GeckoLife is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by these third party sites. Hence, GeckoLife will not be responsible for any errors or omissions or the results obtained from use of such information contained in these third party sites once you proceed with the third party link.
8.3. GeckoLife will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party sites.
9. DISCLAIMER
9.1. Our Platform, the system, the content, the user-generated content and all other services are provided on an "as is" and "as available" basis.
9.2. GeckoLife cannot and does not warrant that the operation of the system, your access to the system or the services on our Platform will be uninterrupted or error-free. GeckoLife makes no representation or warranty with respect to the accuracy or completeness of the information or content produced or displayed in connection with the use of our Platform.
9.3. GeckoLife makes no warranty against interference with your enjoyment of the information provided hereunder, or against infringement. No warranty, representation, covenant, express or implied, written or oral, statutory or otherwise, as to the quality, condition, availability, durability, performance, non-infringement, merchantability, or fitness for a particular purpose or use of the system or services is given or assumed by GeckoLife; all such warranties, representations, covenants, undertakings and terms are hereby excluded to the fullest extent permitted by law.
10. LIMITATION OF LIABILITY
10.1. GeckoLife shall not be responsible or liable for any problems or technical malfunction of any computer online systems, servers or providers, computer viruses or contamination of your system, delays, inaccuracies, errors, or omissions arising out of your use of our Platform, computer equipment, software, failure of email or other users on account of technical problems or traffic congestion on the internet, including injury or damage to you or to any other person's computer related to or resulting from participating or downloading material in connection with the web and/or in connection with our Platform.
10.2. In no event will GeckoLife be liable for: (a) any direct, indirect, special, incidental, or consequential damages arising out of or related to (i) the use of or inability to use our Platform, (ii) the breach of any representation or warranty and/or (iii) the use by you of our Platform or any browser owned or operated by any party; or (b) any indirect, special, incidental, or consequential damage arising out of or related to our Platform, even if GeckoLife was previously advised of the possibility of such damages.
10.3. In the event any claim relating to the performance or non-performance by GeckoLife pursuant to this EULA, or in any other way concerning our Platform, is made by you, the actual damages to which you may be entitled shall be limited to the fee, if any, paid by you for use of our Platform.
11. PRIVACY AND CONFIDENTIALITY POLICY
11.1. You and we shall abide by the terms of the Privacy and Confidentiality Policy, which you agree is incorporated by reference and forms part of this EULA.
12. MISCONDUCT
12.1.You may not use any of your own or third party software to modify any content on our Platform. You may not use our intellectual property rights contained in the content on our Platform, or any information accessible through the System, to create or to provide any other means through which the System may be accessed and/or the Services may be played by others, as, for example, through server emulators, whether for profit or not.
12.2. You may not use your or third party software to rewrite or modify the user interface or otherwise manipulate data in such a way as to use the System to acquire any material not actually acquired through the course of normal use of our Platform.
12.3. It is GeckoLife's intent to provide services which everybody can enjoy without the intrusion of our employees. However, there may be times when issues arise that involve violations of the terms and conditions of this EULA. When this happens, we will investigate each incident, ensuring that we are fair and equitable in our dealings with every party involved. GeckoLife reserves the right to investigate suspected violations of the terms and conditions of this EULA. GeckoLife may seek to gather information from the user who is suspected of violating the EULA, and from any other user.
12.4. Depending on the severity of the violation and the user's past history, we may take the following actions after our investigations:-
12.4.1. We may do nothing at all if we find that there was no violation;
12.4.2. We may give the user a warning about his/her actions. If this happens, we may mark his/her Account with a warning and any details about the incident;
12.4.3. We may suspend the user's Account. This is intended to be a 'time-out' period which allows the user to reflect about his/her actions. If this happens, we may mark his/her Account with a suspension and any details about the incident; or
12.4.4. We may terminate the user's Account permanently. If this happens, we will mark the Account as terminated with all details about the incident.
12.5. GeckoLife will fully cooperate with any law enforcement authority or court order requesting or directing GeckoLife to disclose the identity of any user responsible for any Postings, or publishing or otherwise making available any material which are believed to violate this EULA. By accepting this EULA the user waives and holds harmless GeckoLife from any claims resulting from any action taken by GeckoLife during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either GeckoLife or law enforcement authorities.
13. TERM / TERMINATION / EXPIRATION OF THIS EULA
13.1. The term of this EULA between GeckoLife and you shall begin on the date which you accept this EULA and shall continue till the date which GeckoLife ceases to provide any or all of the information services offered hereunder, including without limitation, access to the System and the Services, unless sooner terminated as provided in this clause.
13.2. In the event GeckoLife, in its sole and absolute discretion, which shall not be challenged or open to challenge, ceases to provide any or all of the information services offered hereunder, including without limitation access to the System and Services, then GeckoLife may terminate this EULA with you, close all Accounts, and cancel all of the rights granted to you hereunder upon not less than thirty (30) days prior notice, which notice may be delivered by GeckoLife via posting on our Platform, forums, or electronic mail.
13.3. GeckoLife may immediately terminate this EULA with you, close all of your Accounts, and cancel all rights granted to you under this EULA if:-
13.3.1. You or anybody using any of your Accounts breach this EULA, or make any unauthorised use of the System, Content, or infringe the intellectual property rights of GeckoLife or any third party;
13.3.2. We are unable to verify or authenticate any information you provide to GeckoLife; or
13.3.3. We become aware of play, chat or any user activity whatsoever within your Account which is, in our reasonable discretion (which shall not be challenged or open to challenge), inappropriate and/or in violation of this EULA.
Such termination shall be effective upon notice delivered via any of the means set forth in Clause 13.2 above. Termination by GeckoLife under this clause shall be without prejudice to or waiver of any and all other rights or remedies which GeckoLife may have, all of which are expressly reserved, shall survive termination, and shall be cumulative.
13.4. If you want to terminate this EULA with GeckoLife and close your Account, please submit your request via email to the address stated below. If you choose to close your Account, all rights granted to you will be terminated immediately.
13.5. If this EULA expires or is terminated for any reason, all rights to access the System and use of our Platform will cease effective upon such expiration or termination. In the event of termination or expiration of this EULA, all Account Attributes associated with the Account will be lost. You hereby understand and acknowledge that there is no guarantee that GeckoLife shall continue offering access to its System or Services on a going-forward basis. You specifically acknowledge that the time you spend using our Platform is being done for your personal entertainment purposes only, and that you claim no interest in the value of such time as represented by the building up of your characters and/or Account Attributes during your time using our Platform. You further agree that you are not entitled to any form of compensation for the past time you have spent using our Platform or for the real or projected value of your Account or any Account Attributes were they to be sold. Nor is GeckoLife liable for any emotional distress you may suffer as a result of loss of your characters, Account and/or other Account Attributes in the event that either your Account or any Service as a whole is terminated.
13.6. Upon expiration of this EULA or termination for any reason, the limited licences granted to you shall automatically terminate, without further notice to you, and you must immediately cease accessing and using the System and Services. Users whose Accounts have been discontinued or closed may not access the System or the Services in any manner or for any reason, including through any other Account, without the express written permission of GeckoLife. Users of active Accounts may not knowingly allow former users whose Accounts have been terminated to use the active user's Accounts.
14. INDEMNIFICATION
14.1. Your use of our Platform and access to your Account constitute your agreement to indemnify, defend (at GeckoLife's election), and hold harmless GeckoLife, its affiliates, licencees, successors and assigns, and each of its employees, contractors, officers and directors from any and all damages, expenses, liabilities, costs, liens, penalties and losses whatsoever, including reasonable legal fees, arising out of claims, demands, counterclaims, actions, lawsuits or judgments, regardless of the merit, whether threatened or actual, fixed or contingent, known or unknown, arising out of or relating to your use or misuse of our Platform and access to your Account, including a third party's use or misuse of your Account or password, or any actual or alleged breach or non-performance by you of your representations, warranties or obligations hereunder.
15. THIRD PARTY RIGHTS
15.1. A person who is not a party to this EULA shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) (as amended or revised from time to time) to enforce any provision of this EULA.
16. NO ASSIGNMENT OF RIGHTS AND OBLIGATIONS
16.1. This EULA is personal to you. You may not assign or delegate any rights or obligations hereunder without first obtaining the written consent of GeckoLife; provided, however, that GeckoLife may assign this EULA to any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of GeckoLife.
17. NO WAIVER
17.1. For the avoidance of doubt, waiver by GeckoLife of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this EULA be construed as a continuing waiver of other breaches of the same or other provisions of this EULA.
18. GOVERNING LAW / JURISDICTION / DISPUTE RESOLUTION
18.1. This EULA contains the entire agreement between you and GeckoLife. Except as otherwise contemplated by Clause 16.1, this EULA is not intended to confer upon any person other than you and GeckoLife any rights or remedies hereunder.
18.2. If any part of this EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in this EULA, and the remaining portions shall remain in full force and effect.
18.3. This EULA shall be governed by the laws of the Republic of Singapore and the Singapore Courts shall have exclusive jurisdiction and you expressly agree to submit to the same.
18.4. In the event of a dispute arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, you are first required to notify us at feedback@geckolife.com. We must be notified by you of any dispute no later than one (1) calendar year after the dispute arises, failing which, you would be deemed to have completely waived your rights to raise your dispute and you hereby expressly consent that you are precluded by this EULA from raising the same; and should you attempt to raise a dispute past the one calendar year period, you hereby expressly consent to us seeking out a striking out order against you on the grounds that your dispute is frivolous, vexatious and an abuse of process, in which case, you also agree to bear and/or indemnify us for all legal costs incurred in the matter on an indemnity basis.
18.5. We will try our best to resolve your dispute fairly. However, if the dispute is not settled within thirty (30) days after GeckoLife receives the Feedback, you and GeckoLife agree to submit the matter to the Singapore Mediation Centre ("SMC") for resolution by mediation under the Premier Mediation Scheme in accordance with the Mediation Procedure for the time being in force. You and GeckoLife agree to participate in the mediation in good faith and undertake to abide by the terms of any settlement reached. In going for mediation, you also expressly agree that you will bear all your own costs associated with preparing for and attending the mediation process, including retaining counsel.
18.6. You expressly agree that until you have attempted a full day of mediation at the SMC, you are stopped and/or precluded from referring the matter to arbitration or filing any action in a Court of Law and should you proceed with arbitration or legal action notwithstanding your knowledge and acceptance of this clause, you expressly agree and fully consent to us referring to this EULA as the sole and sufficient basis for seeking a striking out of your action on the grounds that your action is frivolous, vexatious and an abuse of process and for you to bear our legal costs on an indemnity basis.
18.7. If the dispute cannot be settled by mediation, you and GeckoLife agree that 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") for the time being in force, which rules are deemed to be incorporated by reference in this clause.
18.7.1. The Tribunal shall consist of 1 arbitrator.
18.7.2. The language of the arbitration shall be in English.
19. CONTACT US
19.1. If you have any questions, comments or concerns about this EULA, or you would like to report any suspected breach of the terms and conditions herein, please contact us at the following email address: enquiry@geckolife.com
This EULA was last updated on 15 November 2014.
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