GameMaki

User Agreement

These Terms of Service ('Terms') govern your access to and use of our applications ('Licensed Applications'), web sites or any other related services (collectively referred to as 'Services'), and any information, text, graphics, or other materials uploaded, downloaded or appearing on our Services and Licensed Applications (collectively referred to as 'Content').

By accessing or using the Services and Licensed Applications offered by GameMaki, you agree to be bound by these Terms. If you do not agree with these Terms, you should not use the Services and Licensed Applications.

External rules, policies and procedures

The Services and Licensed Applications is offered subject to acceptance without modification of all of the terms and conditions contained herein (the "User Agreement & Terms of Service"), which terms also incorporates GameMaki's Privacy Policy and all other operating rules, policies and procedures that may be published by GameMaki, each of which may be updated periodically with or without notice to you.

In addition, the Services and Licensed Applications offered may occasionally be subject to additional terms and conditions declared by GameMaki. Your use of such Services and the Licensed Applications is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

Privacy

Any personal information provided by you to GameMaki is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of our Services and Licensed Applications you consent to the terms set forth in the Privacy Policy. As part of providing you the Services and Licensed Applications, we will need to communicate with you via service announcements and administrative messages. These are considered part of the Services, and you may not be able to opt out from receiving such messages.

Copyright

All rights, titles, and interests in and to the Services and Licensed Applications (excluding Content provided by users) are and will remain the exclusive property of GameMaki and its licensors. The Services and Licensed Applications are protected by copyright, trademark, and other laws of both Singapore and foreign countries.

Nothing in the Terms gives you a right to use the name of GameMaki or its Services and Licensed Applications, and any related trademarks, logos, domain names, and other distinctive brand features.

You shall not (directly or indirectly):

• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service and Licensed Applications, except to the limited extent applicable laws specifically prohibit such restriction;
• modify, translate, or otherwise create derivative works of any part of the Service and Licensed Applications; or
• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

User Conduct

As a condition of use, you promise not to use the Service and Licensed Applications for any purpose that is prohibited by the Terms of Use. The Service and Licensed Applications (including, without limitation, any Content or User Submissions (both as defined below) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service and Licensed Applications. For purposes of the Terms of Use, the term "Content" includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by GameMaki or its partners on or through the Service and Licensed Applications.

You may not (and may not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service and Licensed Applications, including without limitation any User Submission, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, offensive, or profane;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
• involves commercial activities and/or sales without GameMaki's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of GameMaki or any third party; or
• impersonates any person or entity, including any employee or representative of GameMaki.

Additionally, you shall not:

• take any action that imposes or may impose (as determined by GameMaki in its sole discretion) an unreasonable or disproportionately large load on GameMaki's (or its third party providers') infrastructure;
• interfere or attempt to interfere with the proper working of the Service and Licensed Applications or any activities conducted on the Service and Licensed Applications;
• bypass any measures GameMaki may use to prevent or restrict access to the Service and Licensed Applications (or other accounts, computer systems or networks connected to the Service and Licensed Applications);
• run any form of auto-responder or "spam" on the Service and Licensed Applications; or
• use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

Passwords

You are responsible for safeguarding the password you use to access the Services and Licensed Applications, for any activities and actions under your password, as well as for any loss or misuse of your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.

GameMaki will not be liable for any loss or damage arising from your failure to comply with the above requirements.

User-generated Content

The Service and Licensed Applications may provide you with the ability to add, create, upload, submit, distribute or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "User Submissions").

By Submitting User Submissions on the Site or otherwise through the Service and Licensed Applications, you:

• acknowledge that you are publishing that User Submission, and that you may be identified publicly by your username in association with any such User Submission;
• hereby do and shall grant GameMaki a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service, Licensed Applications and GameMaki's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service and Licensed Applications in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site and/or the Service and Licensed Applications a non-exclusive license to access your User Submissions through the Site, Service and Licensed Applications, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to GameMaki does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
• represent and warrant, and can demonstrate to GameMaki's full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to GameMaki and all users of the Service and Licensed Applications;
• agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service and Licensed Applications;
• represent and warrant that the use or other exploitation of such User Submissions by GameMaki and use or other exploitation by users of the Site, Service and Licensed Applications as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property proprietary rights; and
• understand that GameMaki shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole' responsibility of the person from which such content originated and that GameMaki will not be liable for any errors or omissions in any content; and that GameMaki cannot guarantee the identity of any other users with whom you may interact in the course of using the Service and Licensed Applications.

Content Monitoring and Moderation

GameMaki has no obligation to actively monitor the Services and Licensed Applications, including Content, and User Submissions. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Any use or reliance on any Content or materials posted via the Services and Licensed Applications or obtained by you through the Services and Licensed Applications is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services and Licensed Applications, or endorse any opinions expressed via the Services and Licensed Applications.

You understand that by using the Services and Licensed Applications, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will GameMaki be held liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services and Licensed Applications or broadcast elsewhere.

You may however, flag offensive User Submissions via the reporting mechanisms available on our Services and Licensed Applications. GameMaki will look into such reports on a case-by-case basis.

GameMaki reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site, Service and/or Licensed Applications at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if GameMaki is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service and Licensed Applications.

External Links

The Services and Licensed Applications may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GameMaki of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Feedback

Any feedback, comments, or suggestions you may provide regarding GameMaki, or the Services and Licensed Applications is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Indemnification

You shall defend, indemnify, and hold harmless GameMaki, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Licensed Applications, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. GameMaki reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with GameMaki in asserting any available defenses.

Your access to and use of the Services and Licensed Applications or any Content is at your own risk. You understand and agree that the Services and Licensed Applications is provided to you on an 'AS IS' and 'AS AVAILABLE' basis. Without limiting the foregoing, GAMEMAKI AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services and Licensed Applications or any content thereon. GameMaki will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services and Licensed Applications, or any Content. You also agree that GameMaki has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services and Licensed Applications. We make no warranty that the Services and Licensed Applications will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from GameMaki or through the Services and Licensed Applications, will create any warranty not expressly made herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMEMAKI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GAMEMAKI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Integration, Waiver and Severability.

The Terms of Use are the entire agreement between you and GameMaki with respect to the Service and Licensed Applications and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and GameMaki with respect to the Site. The failure of GameMaki to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Entire Agreement

GameMaki reserves the right to modify or replace any clause in these Terms of Service, charge, limit access to, suspend or discontinue the Services and Licensed Applications (including but not limited to any feature, database or content) at its sole discretion with liability. You will be notified or these changes, if any, via an email sent to the email address associated with your account. Despite so, you are advised to check the Terms of Service for updates periodically.

These Terms supersede and replace any prior agreements between GameMaki and you regarding the Services and licensed applications. By continuing to access or utilize our Services and Licensed Applications following these changes, you agree to be bound by the revised Terms of Use.

These services are operated and provided by GameMaki. If you have any questions about these Terms, please contact us at chef@gamemaki.com. Alternatively, write to us at:

13, Toa Payoh Lorong 8
#04-04, Braddell Tech Building
Singapore 319261