Terms of Service
Effective Date: April 10, 2024
Last Updated: April 10, 2024
We are DIGIEDEN TECH SGP PTE.LTD. (“DigiEden”,”Company”, “we”, “us”, “our”), a company registered at 2 Havelock Road, #04-07, Havelock2, Singapore. You can contact us by email at support@digi-eden.com.
We operate the website https://www.digi-eden.com/ (the “Site”), the game Project DANCE (the “App”, the App and any related playtest program are collectively referred to as the “Game”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively referred to as the “Services”).
These Legal Terms constitute a legally binding agreement between you, whether as an individual or on behalf of an entity (“You”), and DIGIEDEN TECH SGP PTE.LTD., regarding your access to and use of the Services. By using any service, you agree to be bound by these terms, including our privacy practices(Privacy Policy),which is incorporated by reference into these terms. Please read everything carefully. If you do not agree to all of these Legal Terms, including the privacy practices described in our Privacy Policy, you are expressly prohibited from using the Services and must discontinue use immediately.
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TABLE OF CONTENTS
1.Privacy Policy
2.User Representations
3.Accounts and Registration
4.Intellectual Property Rights
5.Prohibited Uses
6.Playtests
7.Cancellation/Refund Policy
8.Third Party Content
9.Services Management
10.Duration and Cancellation
11.Governing Law
12.Warranty Disclaimer
13.Limitation of Liability
14.Indemnification
15.Updates to Terms
16.Contact Us
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1.Privacy Policy
All personal information collected through our services is governed by our Privacy Policy(Privacy Policy). If you have any questions about how we collect and process your personal information, please let us know.
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2.User Representations
By using the services, you confirm and guarantee that: (1) The registration details you provide are authentic, precise, current, and thorough; (2) You will keep this information accurate and update it as needed; (3) You possess the legal authority and consent to follow these terms; (4) Your age is at least 16; (5) In your jurisdiction, you are not considered a minor, or if you are, you’ve secured parental consent for using the service; (6) You will refrain from employing the services for any illicit or unauthorized activities; and (7) Your interaction with the services adheres to all relevant laws and regulations.
Should any provided information prove to be false, imprecise, outdated, or incomplete, we reserve the authority to suspend or terminate your account, denying you access to the services, both now and in the future, in whole or in part.
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3.Accounts and Registration
To access most of the features of our services, you must register an account (your “User Account”). When you register, you may need to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate, and you will always keep it accurate and up-to-date. When you register, you will be asked to create a password.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may also use the login credentials of certain third-party platforms (authorized by DigiEden) to access certain features of the platform (each platform referred to as a “Third-Party Account”). The platform may offer the ability to merge your User Account with a Third-Party Account.
You are solely responsible for maintaining the confidentiality of your User Account and any Third-Party Account passwords (collectively referred to as “Accounts”), and you are responsible for all activities that occur under your Accounts. If you have reason to believe that your Account is no longer secure, you should contact us via email at support@digi-eden.com.
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4.Intellectual Property Rights
Subject to these Legal Terms, we grant you a personal, non-exclusive, non-transferable, revocable, non-sublicensable, limited license to use one copy of the Game for your own personal and non-commercial use for gameplay. For clarity, the foregoing license is only granted to those people that have purchased from or otherwise been given access to the Game by us or one of our third party publishers. As a condition of your use of the Game, you warrant to us that you will not use the Game for any purpose that is unlawful or prohibited by these Legal Terms. The term of your license under this Section begins on the date that you download, install or otherwise use the Game and ends on the earlier date of either your disposal of the Game or our termination of your access to the Game and/or Services. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Game and/or Services, use any method (including but not limited to multiple account creation, registry editing, and IP swapping) to evade a ban placed on your account, and/or if you violate these Legal Terms or any code of conduct.
Our Services provided by DigiEden, including but not limited to trailers, text, data, information, themes, concepts, stories, storylines, dialogues, catch phrases, images, graphics, logos, symbols, instructions, design, sounds, animations, audio clips, audiovisual, musical compositions, screen displays, video, artwork, and compilation thereof, as well as trademarks, software, “applets”, websites, games, programs, tools, source codes, object codes, HTML, files, patches, features, functionality, and all content and intellectual property contained in, comprising, or underlying the Game and/or the Services (collectively, the “Content”), are the exclusive property of DigiEden TECH SGP PTE.LTD., or if applicable, its licensors or third-party licensors. Usage of the Game is strictly limited to what is explicitly authorized by these Legal Terms.
You are prohibited from selling, licensing, distributing, copying, reproducing, recording anew, modifying, publicly performing or displaying, transmitting, transferring, sharing, presenting, publishing, editing, adapting, reverse-engineering, decompiling, disassembling, translating or creating derivative works from, or otherwise exploiting, in any form or by any means, in whole or in part, the Game, the Services and/or any of the Content, without our express prior written permission. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content and will not make any changes thereto. All rights not specifically granted herein are reserved by DigiEden TECH SGP PTE.LTD. By using the Game and/or the Services, you gain no rights, title, or interest in any of the Content, except for the limited usage rights granted by these Legal Terms.
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5.Prohibited Uses
In using the Services provided by DigiEden TECH SGP PTE.LTD., you are required to comply with lawful purposes and the stipulations of these Legal Terms. The following activities are strictly prohibited:
DigiEden reserves the right to monitor access and usage of the Services and the right to take legal action against infringements to ensure compliance with these Legal Terms and to respond appropriately to violations, which may include suspending or terminating access without notice. Engaging in prohibited activities may lead to investigation and legal action. Always use the Services responsibly and in accordance with these guidelines to ensure a safe and enjoyable experience for all users.
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6.Playtests
DigiEden reserves the right to invite you to participate in a playtest designed to help refine and enhance the Game, known as a “Playtest Program.” In return for your active engagement in the Playtest Program and adherence to the obligations set forth herein, DigiEden will grant you a reward related to the Game, the specifics of which will be determined by DigiEden.
During your involvement in the Playtest Program, you’ll encounter confidential and pre-release content and details about the Game. It is prohibited for you to share, replicate, reveal, distribute, broadcast, publish, send, post, or in any way provide third parties with any non-public information that (a) is disclosed to you by us, (b) you disclose to us, or (c) you acquire through your participation in the Playtest Program, either directly or indirectly.
You might be requested to offer feedback based on your gaming experience, and by agreeing to this, you acknowledge that any feedback you provide will become the exclusive property of DigiEden. You hereby transfer all rights to any feedback you may offer to us.
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7.Cancellation/Refund Policy
Cancellation is subject to the gaming platform upon which the game was purchased.
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8.Third Party Content
The Services may feature or provide access to content from third parties, including data, information, links, applications, and various products or services. This inclusion of third-party content is solely for your convenience. Please be aware that we do not exercise control over such content and, therefore, cannot assume responsibility for it. We are not liable for any potential loss or damage that may result from your interaction with or use of this third-party content.
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9.Services Management
We reserve the right, but not the obligation, to:
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10.Duration and Cancellation
These Legal Terms are effective for as long as you utilize the Services. We reserve the unrestricted right to terminate access to the Services (this may include blocking specific IP addresses), at our sole discretion and without any notice or liability, to anyone and for any reason, including but not limited to violations of any terms, warranties, or agreements specified in these Legal Terms, or any relevant laws or regulations. We also reserve the right to terminate your participation in the Services, delete your account, and remove any content or information you have posted at any time and without prior notice, based solely on our discretion.
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11.Governing Law and Dispute Resolution
11.1 All matters relating to the Services and these Legal Terms and any related dispute or claim will be governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to any choice or conflict of law provision or rule. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Any dispute, controversy, or claim of any kind whatsoever arising out of or relating to these Legal Terms, including any question regarding their existence, validity or termination (“Dispute”) shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. The seat of arbitration shall be Singapore. There will be one (1) arbitrator and the language of the arbitration shall be English. This arbitration provision shall survive termination of these Legal Terms.
11.2 Notwithstanding the above, as a limited exception to the above arbitration agreement under Section 11.1, you and DigiEden each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
11.3 You and DigiEden each waive the right to a trial by jury or to participate in a class, representative or consolidated action or proceeding. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding, without the written permission of all parties involved.
11.4 If any provision of these Legal Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the above terms of this Section 11 or by court of competent jurisdiction), that provision will be enforced to the maximum extent permissible and the other provisions of these Legal Terms will remain in full force and effect.
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12.Warranty Disclaimer
You acknowledge and agree that you are using the Services at your own risk. All parts of the Services, including all information, content, related graphics, materials, products (such as the Game and software), are provided to you by us on an “AS-IS” and “AS-AVAILABLE” basis. We, to the maximum extent permitted by applicable law, expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, quiet enjoyment and fitness for a particular purpose, and any warranty arising out of course of dealing, usage, or trade. Without limiting the foregoing, we do not guarantee the accuracy, reliability, completeness, validity, consistency, quality, security, timeliness or uninterrupted availability of the Services and the information, content, materials, products (such as the Game and software), whether electronic, oral or written, included in or otherwise made available to you through or in connection with the Services, nor do we promise that any defects will be corrected, or that the Services or servers are free of viruses or other harmful components, or warrant that the Services will meet your expectations or requirements.
Without limiting the foregoing and to the maximum extent permitted by applicable law, we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through or in connection with the Services, any hyperlinked website, or any website or application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
You assume all risks and are solely responsible for your online or offline communications and interactions with other users of the Services, and you understand that we do not conduct background checks or screening on users. We make no warranties regarding the conduct of users or their compatibility with any current or future users. you agree to take reasonable precautions and exercise common sense in all of your interactions and communications with other users of the Game and/or the Services, especially if meeting someone in person.
The above disclaimers apply unless otherwise mandated by applicable law and such disclaimers do not affect any warranties that cannot be excluded or limited under applicable law.
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13.Limitation of Liability
Under no circumstances will we, including our affiliates, licensors, and service providers, as well as our and their respective officers, directors, employees, members, contractors, agents, and successors, be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising out of or in any way connected with (i) these Legal Terms, (ii) the access to or use of or inability to use or access the Game, any Content or any of the Services, (iii) any information, content, software, products, services and related graphics, whether electronic, oral or written, obtained through the Game and/or the Services, or (iv) any interactions, communications or meetings with other users, whether based on contract, tort, negligence, strict liability or otherwise under any legal theory, including but not limited to loss of revenue, profits, business, goodwill, data, or anticipated savings, personal injury, pain and suffering, emotional distress, replacement costs, or any similar damages, even if foreseeable, to the fullest extent permitted by applicable law. Without limiting the foregoing and to the maximum extent permitted by applicable law, any dispute you have with any third party arising out of your access to or use of the Game, any Content or any of the Services, including, by way of example and not limitation, any carrier, intellectual property right owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.Without limiting the above paragraph and to the maximum extent permitted by applicable law, our total and aggregate liability for any claims arising out of or or in any way connected with (i) these Legal Terms, (ii) using or the inability to use the Game or any of the Services, (iii) any information, content, software, products, services and related graphics, whether electronic, oral or written, obtained through the Game and/or the Services, or (iv) any interactions with other users will not exceed the lesser of (i) the amounts you have paid to us for access to and use of the Game, Services, or Content during the six (6) month period prior to any event(s) or circumstance(s) giving rise to such claim or (ii) one thousand United States dollars ($1,000.00 USD). These limitations are a crucial and fundamental basis of our bargain and agreement with you.
Applicable law may not allow the exclusion or limitation of certain liabilities, so some of the above limitations may not apply to you.
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14.Indemnification
You agree to defend, indemnify, and hold harmless DigiEden,and our affiliates, licensors, service providers, and our and their respective officers, directors, employees, members, contractors, agents, and successors, from and against any claims, actions, proceedings, suits, disputes, judgments, awards, demands, settlements, penalties, fines, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your breach or alleged breach of these Legal Terms, (ii) your access to or use or misuse of or alleged access to or alleged use or misuse of the Game, the Content and/or any of the Services, (iii) any user postings or materials, content or other infrmation made or provided by you or on your behalf, (iv) your actual or alleged violation of any rights or interests of a third party (including wihtout limtiation, any intellectual property right or publicity, confidentiality, other property, or privacy right) or any applicable laws, rules or regulations, (v) any overt harmful act toward any other user of the Services with whom you connected via the Services, or (vi) any dispute or issue between you and any third party. Notwithstanding the foregoing and to the fullest extent permitted by applicable law, we reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to fully cooperate with us, at your expense, in asserting any available defenses.
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15.Updates to Terms
We reserve the right to modify these Terms at any moment, according to our own judgment. Changes become effective as soon as they are published. By continuing to use the Services after we post updated Terms, you indicate your acceptance of and agreement to those changes. We recommend you regularly review this section to stay informed about any updates.
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16.Contact Us
If you have any questions about the Terms of Service, please contact us at support@digi-eden.com. We will endeavour to respond to any queries or questions within a reasonable amount of time.