Terms & Conditions
1. INTRODUCTION
1.1 Welcome to Garena. These Terms of Service set out the terms and conditions by which
Garena Online Private Limited and its affiliates and subsidiaries (individually and collectively,
"Garena", "we", "us" or "our") offer:
(a) our PC and mobile games (“Games”);
(b) the underlying Games client software and the Garena PC and mobile platform client software
(“Software”);
(c) this website, including the Garena Shop (“Site”); and
(d) any other apps, websites, games or services that link to this Terms of Service, regardless of
how you access or use them, including through mobile devices,
(collectively, the “Services”).
1.2 The Services also include any services provided by or through the Garena platform client
software, any services made available through our Games or the Site, and all information, linked
pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags,
content, programming, software, application services (including without limitation any mobile
application services) or other materials made available by or through us, including user generated
content or “UGC” (collectively, "Content"). “UGC” refers to
content of any kind or nature that Users (defined below) upload to, create and publish on, or
otherwise generate through or make available on the Services. Any updates, upgrades and new features
added to or augmenting the Services are also subject to these Terms of Service. Not all Services or
Content are available in all jurisdictions.
1.3 Please read these Terms of Service carefully before using the Services or opening a Garena
account ("Account") so that you as the User are aware of your legal rights and obligations
with respect to Garena and the Services. Users refers to an individual who registers for an Account
with us or who otherwise accesses or uses the Services (individually and collectively,
“Users”, “you” or “your”).
1.4 BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE
TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR
SERVICES.
1.5 IF YOU ARE YOUNGER THAN 18 YEARS OLD OR THE RELEVANT "AGE OF MAJORITY" WHERE YOU
LIVE, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR
LEGAL GUARDIAN MUST AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE
"AGE OF MAJORITY" WHERE YOU LIVE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE
AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR
LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THESE TERMS OF SERVICE ON THE
MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES, INCLUDING
PURCHASES OR OTHER TRANSACTIONS MADE BY THE MINOR IN CONNECTION WITH THE SERVICES, WHETHER THE
MINOR'S ACCOUNT IS NOW OPEN OR CREATED LATER AND WHETHER OR NOT THE MINOR IS SUPERVISED BY YOU
DURING SUCH PURCHASE OR OTHER USE OF THE SERVICES.
1.6 Garena reserves the right to revise these Terms of Service at any time or upon notice to its
Users, subject to applicable law. We will periodically update you of any revisions to these
Terms of Service including by posting such revised Terms of Service here. We encourage you to check
this page regularly to make note of any changes. To the fullest extent authorized by law, your
continued access to or use of the Services shall be deemed irrevocable acceptance of those
revisions.
1.7 Garena reserves the right to change, modify, suspend or discontinue any portion of the Services
at any time. Garena may release certain Services or their features in a beta version, which may not
work correctly or in the same way the final version may work, and we shall not be held liable in
such instances. Garena may also impose limits on certain features or restrict your access to parts
of, or the entire, Services in its sole discretion and without notice or liability.
1.8 Garena reserves the right to refuse to provide you access to the Services or to allow you to
open an Account for any reason.
2. PRIVACY
2.1 Your privacy is very important to us at Garena. To better protect your rights, we have provided
the Garena Privacy Policy to explain our privacy practices in detail. Please review the
Privacy Policy to understand how Garena collects and uses the information associated with your
Account and/or your use of the Services. By accessing or using the Services or agreeing to these
Terms of Service, you consent to Garena's collection, use, disclosure, processing and/or
transfer of your Content and personal data as described in the Privacy Policy.
3. LIMITED LICENSE
3.1 Garena grants you a non-exclusive, non-transferable limited right and license to install the
Software and to access and/or use the Services, subject to the terms and conditions of these Terms
of Service and for personal use only. Under this license, you may, amongst others, use the Services
to create, develop, modify, upload and share (with other Users) UGC as part of the Games. For
avoidance of doubt, this license does not allow you to make any commercial use of the Services
(including without limitation any of its individual elements, including but not limited to the
Games, Software or Content). Garena reserves the right to terminate any of the licenses granted in
these Terms of Service at any time and for any reason, without prior notice to you. All rights not
expressly granted by Garena under these Terms of Service are hereby reserved by Garena. Any
third-party scripts or code, linked to or referenced from the Services, are licensed to you by the
third parties that own such scripts or code, not by Garena.
3.2 You acknowledge and agree that all title, ownership rights and intellectual property rights
connected with the Services (including but not limited to any derivative works, titles, computer
code, objects, themes, characters, character names, stories, dialogues, catch phrases, locations,
concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text,
screen displays, methods of operation, moral rights, “applets” incorporated in the
Services, and any related documentation), with the exclusion of UGC (which are subject to and
governed by Clause 12 below), are the property of Garena and where applicable, third party
proprietors identified in the Services.
3.3 By using or accessing the Services you agree to comply with the copyright, trademark, service
mark, and all other applicable laws that protect the Services and its Content. You agree not to
copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent,
sell, or create derivative works of any portion of the Services or its Content. You also may not,
without our prior written consent, mirror or frame any part or whole of the Services on any other
server or as part of any other website. In addition, you agree that you will not use any robot,
spider or any other automatic device or manual process to monitor or copy our Content, without our
prior written consent (such consent is deemed given for standard search engine technology employed
by Internet search websites to direct Internet users to this website).
3.4 You are welcome to link to the Site from your website, provided that your website does not
imply any endorsement by or association with Garena. You acknowledge that Garena may, in its sole
discretion and at any time, discontinue providing any part of the Services without notice.
4. TERMS OF USE
4.1 The license for use of the Services is effective until terminated as set forth in these Terms
of Service or if you fail to comply with any term or condition of these Terms of Service. In such
event, no notice shall be required by Garena to effect such termination.
4.2 You agree not to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, harassing,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
(b) use the Services to harm minors or make available Content that is harmful to children or minors
in any way;
(c) upload, post, email, transmit or otherwise make available any Content that violates the rights,
including any patent, trademark, copyright, intellectual property or other proprietary rights, of
any party;
(d) use the Services to impersonate any person or entity, or otherwise misrepresent your
affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise or mislead as to the
origin of any Content or communications transmitted through the Services;
(f) remove any proprietary notices from the Services;
(g) cause, permit or authorize the modification, creation of derivative works, or translation of
the Services without the express permission of Garena;
(h) use the Services for any commercial purpose or the benefit of any third party or any manner not
permitted by the licenses granted herein;
(i) use the Services for fraudulent or unlawful purposes, including for any purposes relating or
encouraging money laundering or gambling or otherwise inconsistent with, or contrary to, applicable
laws;
(j) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion
thereof) or any network connected with the Services, or to attempt to breach, defeat or overcome any
authentication measures, encryption technology or security measures implemented by Garena with
respect to the Services, any network connected to or associated with the Services, and/or any data
transmitted, processed or stored by Garena;
(k) upload, post, email, transmit or otherwise make available any Content containing any software
viruses or any other computer code, file or program designed to interrupt, destroy, alter and/or
limit the functionality of the Services and/or any computer resource belonging to Garena or its
Users;
(l) upload, post, email, transmit or otherwise make available any Content that threatens the unity,
integrity, defence, security or sovereignty of the nation or jurisdiction from which you are
accessing or using the services, friendly relations with foreign states, or public order, or causes
incitement to the commission of any cognisable offence or prevents investigation of any offence or
is insulting to other nations;
(m) attempt to solicit, harvest or collect any information about or regarding other Users or
Account holders, including without limitation any personal data, account information, passwords or
other information;
(n) attempt or gain unauthorized access to any portion or feature of the Services including any
other User’s account;
(o) upload, post, email, transmit or otherwise make available any Content that you do not have a
right to make available under any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
(p) upload, post, email, transmit or otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of any party;
(q) upload, post, email, transmit or otherwise make available any unsolicited or unauthorised
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other unauthorised form of solicitation;
(r) upload, post, email, transmit or otherwise make available any material that contains software
viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to
directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or
integrity of any computer software or hardware or data or telecommunications equipment;
(s) use any modified, hacked, or other unauthorized version of the Services, including to cheat,
gain unfair advantage relative to other Users, or for any other purpose;
(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other
Users of the Services are able to type, or otherwise act in a manner that negatively affects other
Users' ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the
Services or any other User's use and enjoyment of the Services, or disobey any requirements,
procedures, policies or regulations of networks connected to the Services;
(v) take any action or engage in any conduct that could directly or indirectly damage, disable,
overburden, or impair the Services or the servers or networks connected to the Services;
(w) use the Services to intentionally or unintentionally violate any applicable local, state,
national or international law, rule, code, directive, guideline, policy or regulation including
without limitation laws and requirements (whether or not having the force of law) relating to
anti-money laundering or counter-terrorism;
(x) use the Services to provide material support or resources (or to conceal or disguise the
nature, location, source, or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization pursuant to section
219 of the Immigration and Nationality Act;
(y) make, enable, cause or permit, any transactions (including payments or financial transactions)
that you are not authorized to;
(z) create, access or use multiple Accounts to with respect to any single Game or Service;
(aa) attempt to sell or transfer your Account or any associated Virtual Currency and/or Virtual
Items to any third party in any manner;
(bb) use the Services to violate the privacy of others or to "stalk" or otherwise harass
another;
(cc) facilitate or encourage any violation of these Terms of Service or our other policies,
including the Privacy Policy, as amended from time to time; and/or
(dd) use the Services to collect or store personal data about other Users in connection with the
prohibited conduct and activities set forth above.
4.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole
responsibility of the person from whom such Content originated. This means that you, and not Garena,
are entirely responsible for all Content that you create, upload, post, email, transmit, communicate
or otherwise make available through the Services. Garena does not control the Content posted through
the Services and, as such, does not guarantee the accuracy, integrity, or quality or legality of
such Content. You understand that by using the Services, you may be exposed to Content that you may
consider to be offensive, indecent or objectionable. If you believe that any Content violates the
Terms of Service (including paragraph 4.2 above), please notify us immediately at
[email protected]. We will make
reasonable endeavours to remove objectionable Content complained about within a reasonable time in
accordance with applicable law. However, under no circumstances will Garena be 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, or reliance on, any Content posted, emailed,
transmitted or otherwise made available through the Services.
4.4 You acknowledge that Garena may or may not pre-screen Content made available or communicated by
Users, but that Garena and its designees shall have the right (but not the obligation) in their sole
discretion to review, pre-screen, refuse, delete and/or remove any Account or Content that is
available through the Services for any reason. Without limiting the foregoing, Garena and its
designees shall have the right to remove any Account or Content that violates these Terms of
Service, if we receive a complaint from another User, if we receive a notice of intellectual
property infringement or other legal instruction for removal (including but not limited to any
notice, instruction or order by any regulatory or governmental body, or a court of competent
jurisdiction to remove, suspend, freeze or delete any Account or Content), or if we believe in good
faith that such Account or Content is otherwise objectionable or in violation of applicable law. We
may also block or block delivery of a communication (including without limitation status updates,
postings, messages and/or chats) to or from the Services as part of our effort to protect the
Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree
that you must evaluate, and bear all risks associated with, the use of any Content, including,
without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content created by Garena or submitted to
Garena, including without limitation information in Garena forums, instant messaging channels and in
all other parts of the Services.
4.5 In the event your Account is deleted or deactivated in accordance with the preceding Clause
4.4, all Virtual Currency and Virtual Items (as defined below) in your Account shall be forfeited
and no refund will be made in respect of the same to the fullest extent permitted by law
4.6 You acknowledge, consent and agree that Garena may access, preserve and disclose your Account
information and Content if required to do so by law or pursuant to an order of a court or by any
governmental or regulatory authority having jurisdiction over Garena or in a good faith belief that
such access preservation or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of
third parties; (d) respond to your requests for customer service; or (e) protect the rights,
property or personal safety of Garena, its Users, and/or the public.
5. SOFTWARE UPDATES AND PATCHES
5.1 We may provide updates, patches and other modifications to the Services that must be installed
for you to continue to play our Games properly or at all. We may update, patch or modify the
Software remotely and access the Software residing on your machine or device for such purpose, and
you hereby grant to Garena the right to deploy and apply such patches, updates and modifications.
All provisions of these Terms of Service that refer to “Software” shall also include all
such patches, updates and modifications.
5.2 You must always use the latest version of the Software that includes all updates and/or patches
provided by us and, to the fullest extent authorized by law, Garena will not be responsible for any
loss or damage arising pursuant to your failure to use the latest version or your use of any
outdated version of the Software.
6. ACCOUNTS AND SECURITY
6.1 Some functions of our Services require registration for an Account by selecting a unique user
identification ("User ID") and password, and by providing certain personal information. If
you select a User ID that Garena, in its sole discretion, finds offensive or inappropriate, Garena
has the right to suspend or terminate your Account.
6.2 Your Account is non-transferable and only for your personal use. You may not authorize any
third parties to access or use your Account for any purpose whatsoever or try to transfer the
Account or associated Virtual Currency and/or Virtual Items to any third party in any manner
6.3 You may be able to use your Account to gain access to other products, websites or services,
including those offered by third parties, to which we have enabled access or with which we have,
contracted, tied up or collaborated. Garena has not reviewed, and assumes no responsibility for any
third party content, functionality, security, services, privacy policies, or other practices of
those products, websites or services. If you do so, the terms of service for those products,
websites or services, including their respective privacy policies may also apply to your use of
those products, websites or services.
6.4 You agree to (a) keep your password confidential and use only your User ID and password when
logging in, (b) ensure that you log out from your account at the end of each session, (c)
immediately notify Garena of any unauthorised use of your User ID and/or password or any other
breach of security or non-compliance with these Terms of Service or applicable laws, and (d) ensure
that your Account information is accurate and up-to-date. You are fully responsible for all
activities that occur under your User ID and Account even if such activities or uses were not
committed by you. Garena will not be liable for any loss or damage arising from unauthorised use of
your User ID, password, or Account or your failure to comply with this Section.
6.5 You agree that Garena may for any reason, in its sole discretion and without notice or
liability to you or any third party, immediately terminate your Account and your User ID, and remove
or discard from the Services any Content associated with your Account and User ID. Grounds for such
termination may include, but are not limited to, (a) extended periods of inactivity, (b) violation
of the letter or spirit of these Terms of Service, (c) violation of any applicable law, (d)
fraudulent, harassing, defamatory, threatening or abusive behaviour or (e) behaviour that is harmful
to other Users, third parties, or the business interests or reputation of Garena or that may
otherwise subject Garena to legal or regulatory action. Use of an Account for illegal, fraudulent,
harassing, defamatory, threatening or abusive purposes may be referred to law enforcement
authorities without notice to you. If you file a claim (under any cause of action whatsoever) either
against Garena, or which in any way involves Garena, then Garena may terminate your Account.
6.6 If your Account is or remains inactive (which means you have not logged into or used your
Account) for more than 6 months, Garena has the right to delete or deactivate your Account and all
Virtual Currency and Virtual Items (as defined below) in your Account shall be forfeited and no
refunds will be made in respect of the same to the fullest extent authorized by law.
6.7 You may only use the Services and/or open an Account if your applicable jurisdiction allows you
to accept these Terms of Service.
7. CHARGES AND PAYMENTS
7.1 In connection with some of the Games and other Services, you are offered the option to purchase
Garena Shells, diamonds, or other in-game virtual currency (“Virtual Currency”), virtual
in-game items or skins (“Virtual Items”) or other entitlements available via the
Services. Depending on your jurisdiction and the Services you elect to purchase, you may from time
to time make payments to us or to other third parties.
7.2 If you do elect to make such purchases or otherwise incur charges in connection with your use
of the Services, you agree to pay that charge in order to receive such Virtual Currency, Virtual
Items, or to receive access to and/or the benefits of such Services. The price stated for the
Virtual Currency, Virtual Items, and/or Services excludes all applicable taxes and currency exchange
settlements, unless stated otherwise. You are solely responsible for paying such taxes or other
charges. We may suspend or cancel any transaction and/or your access to the Services if we do not
receive full payment from you within the stipulated due date for payment. Suspension or cancellation
of the Services for non-payment could result in a loss of access to and use of your Account and its
Content.
7.3 Generally, to pay the charges for any Virtual Currency, Virtual Items or other Service, you
will be asked to select a payment method before you complete your purchase or at the time you
initiate the transaction sign up for that Service. In many cases, Virtual Currency or other Services
may also be purchased directly from certain authorized third parties. Payments for Virtual Currency,
Virtual Items, or other Services may also be processed via third-party payment service providers. In
such cases, the purchase of Virtual Currency, Virtual Items or other Services from such third
parties or via such third party payment service providers is governed by their own respective terms
and conditions, privacy policies. and the applicable laws of the jurisdiction where such purchases
are being made.
7.4 Where applicable, you can access and change your billing account information and payment method
at any time. You agree to allow Garena to use any updated account information regarding your payment
method provided by your issuing bank or the applicable payment network. You agree to keep your
billing account information current at all times. Changes that you make to your billing account will
not affect charges we submit to your billing account before we are able to reasonably act on your
changes.
7.5 By providing Garena or the respective third-party payment service provider with a payment
method or otherwise purchasing any Virtual Currency, Virtual Items or other Services, you:
(a) represent that you are authorised to use the payment method that you provided and that any
payment information you provide is true and accurate;
(b) authorise Garena or the respective third-party payment service provider to charge you for the
relevant Virtual Currency, Virtual Items or other Services you purchase using your preferred payment
method; and
(c) authorise Garena or the respective third-party payment service provider to charge you for any
paid feature of the Services that you choose to sign up for or use while these Terms of Service are
in force.
7.6 Depending on the nature of the purchase and subject to applicable law, we may bill you (a) in
advance; (b) at the time of purchase; (c) after purchase (and by the stipulated due date for
payment) for Shells which are loaned to you under our Shell-borrowing plan (for Singapore Users
only); or (d) on a recurring basis for a subscription-based Service.
7.7 We may change the price of Virtual Currency, Virtual Items and/or any Service at any time. If
there is a fixed term and price for your Service offer, that price will remain in force for the
duration of that term.
7.8 Your right to use any Virtual Currency or Virtual Items is a limited, non-exclusive,
non-assignable, non-transferable, non-sublicensable, revocable license to use such Virtual Currency
and Virtual Items solely for your personal entertainment and non-commercial use in the Services
only. Once purchased, any purchased Virtual Currency or Virtual Items will be valid indefinitely
unless fully used or redeemed within the Services, until your Account is terminated for any reason
or if we are no longer able to legally service your Account (for example, if you withdraw your
consent for us to use your personal data). If your Account is or remains inactive (which means you
have not logged into your Account) for more than 6 months, Garena has the right to delete or
deactivate your Account and all Virtual Currency and Virtual Items in your Account shall be
forfeited in accordance with Clause 6.6 above.
7.9 Virtual Currency and Virtual Items have no monetary value and have no value outside of the
Services. Virtual Currency and Virtual Currency cannot be sold, traded, transferred, redeemed, or
otherwise exchanged for cash or other goods or services outside of the Games and Services. Virtual
Currency may be only redeemed for Virtual Items or other entitlements available via our Games and
Services.
7.10 Unless otherwise provided by applicable law or by the express terms of a Service offer, all
purchases for Virtual Currency, Virtual Items or other Services are final and non-refundable. Once
you redeem any Virtual Currency for a Virtual Item or other entitlement, that Virtual Item or other
entitlement is final and not returnable, exchangeable, or refundable. You may cancel any Services at
any time, but all pre-payments and all purchases of any Virtual Currency, Virtual Items or other
Services are strictly non-refundable. If you made such a purchase from an authorized third party or
otherwise made payment via a third party payment service provider, you may also need to consult
those third parties’ respective terms and conditions for additional information regarding
their respective policies for refunds.
7.11 If you are a User based in Singapore, under our Shell-borrowing plan, you can borrow and use
Shells first and pay back what you have borrowed by topping up Shells to your Account within 7 days
(or such other period as we may stipulate from time to time). We do not charge interest for borrowed
Shells, but failure to pay for borrowed Shells on time will entitle us to suspend or cancel your
access to the Services, as stated above.
8. MEMBERSHIP SUBSCRIPTIONS
8.1 In certain jurisdictions and subject to applicable law, we may offer membership subscription
plans in our Games (“Subscriptions”). Subscriptions may be weekly, monthly or such
other recurring period as determined by us and notified in our Games (“Subscription
Period”).
8.2 Subscriptions may be purchased by paying the fee specified in our Games (“Subscription
Fee”) and are subject to the terms and conditions in Clause 7 above and the additional terms
and conditions published within our Games.
8.3 Subscriptions will be automatically renewed for further Subscription Periods, and you will be
charged the Subscription Fee, at the end of each Subscription Period until cancelled by you before
the renewal date. As we will not notify you prior to such renewal, you are advised to monitor
your Subscriptions.
8.4 You may cancel your Subscription at any time through Google Play, the Apple App Store, or other
app store through which you have enabled your Subscription (as the case may be) in accordance with
the applicable terms of service. Upon cancellation, your Subscription shall not be renewed and
shall expire on the last day of the Subscription Period. In the event your Subscription Fee or
any part of it is refunded, we reserve the right to pro-rate or deduct any Virtual Currency or
Virtual Items previously granted by us in the Subscription Period prior to your cancellation taking
effect.
8.5 We may allow you to subscribe for more than one Subscription at a time. Subscriptions may
have limited availability. Once Subscriptions are fully subscribed, they may no longer be made
available for purchase. We reserve the right to make changes to our Subscriptions at any
time.
9. DISCLAIMER
9.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR
REPRESENTATIONS MADE BY GARENA OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE
SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE
OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, GARENA DOES NOT
WARRANT THAT THE SERVICES OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE,
UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE
CORRECTED, OR THAT THE SERVICES AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES,
CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP
DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. YOU
ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH
YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9.2 Some jurisdictions do not allow the disclaimer of implied warranties, so some or all of the
foregoing disclaimers may not apply to you to the extent they are excluded by applicable law.
9.3 Garena shall not be held liable for any loss or damage or failure to comply with or delay in
complying with our obligations under these Terms of Service which is caused directly or indirectly
by any event or circumstances beyond our reasonable control including due to system failure, network
issues, technical snags or loss of data due to any of the preceding reasons, act of God, floods,
epidemics, pandemics, quarantine, riot or war.
10. EXCLUSIONS AND LIMITATION OF LIABILITY
10.1 IN NO EVENT SHALL GARENA BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT
LIMITATION NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR
OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE,
PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION,
COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR
INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN
IF GARENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO
TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICES.
10.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, GARENA IS FOUND BY A COURT OF COMPETENT
JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), ITS LIABILITY TO YOU OR TO ANY THIRD
PARTY IS LIMITED TO SGD 100 (ONE HUNDRED SINGAPORE DOLLARS).
10.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL
INJURY CAUSED BY GARENA’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY THAT CANNOT BE
LAWFULLY LIMITED AND/OR EXCLUDED.
11. LINKS TO THIRD PARTY SITES
11.1 Certain links provided through the Services may result in you leaving the Site or Games. These
links are provided as a courtesy only, and the sites they link to are not under the control of
Garena in any manner whatsoever and you therefore access them at your own risk. Therefore, Garena is
in no manner responsible for the contents of any such linked site or any link contained within a
linked site, including any changes or updates to such sites. Garena is providing these links merely
as a convenience, and the inclusion of any link does not in any way imply or express affiliation,
endorsement or sponsorship by Garena of any linked site and/or any of its content therein. We are
not liable for any loss or harm that occurs to you as a result of such sites.
12. YOUR CONTRIBUTIONS TO THE SERVICES
12.1 By submitting UGC for inclusion on the Services, you represent and warrant that: (a) you are
the creator and owner of, or have the necessary rights and permissions, to use and to authorise
Garena to use and exercise the licenses granted by you to Garena under these Terms of Service to the
full extent granted; (b) your UGC and the use of your UGC does not and will not: (i) infringe,
violate, or misappropriate any third-party right; (ii) slander, defame, libel, or invade the right
of privacy, publicity or other property rights of any other person; (iii) require Garena to obtain
licenses from, or pay compensation or provide attribution to, yourself or any third parties; (iv)
result in a breach of contract between yourself and a third party; or (v) cause Garena to violate
any law or regulation. You further acknowledge and agree that you are solely responsible for
anything you post or otherwise make available on or through the Services, including, without
limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal
restrictions associated with any UGC contributed by you. To the extent permissible under applicable
law, you hereby irrevocably and perpetually waive all moral rights (or equivalent rights) arising
under the laws of any jurisdiction in respect of UGC contributed by you. If and to the extent that
such rights cannot be waived, you hereby agree not to assert such rights against Garena.
12.2 Without prejudice to Clause 3.2, to the extent that any UGC contributed by you are original
works created by you, all ownership rights and intellectual property rights in and to such UGC shall
be retained by you. You hereby grant Garena and its successors an irrevocable, perpetual, worldwide,
non-exclusive, royalty-free, sub-licensable (without your prior consent or authorisation) and
transferable (without your prior consent or authorisation) license to use, reproduce, copy,
distribute, publish, republish, transmit, modify, adapt, create derivative works of, publicly
display, communicate to the public and publicly perform such UGC contribution on, through or in
connection with the Services in any media formats and through any media channels, including without
limitation, for marketing, advertising, promoting and redistributing part of the Services (and its
derivative works) and for any other commercial or business purposes at Garena’s sole and
absolute discretion. You understand that your contribution may be transmitted over various networks
and changed to conform and adapt to technical requirements.
12.3 Any material, information, idea, or other UGC you post on or through the Services, or
otherwise transmit to Garena by any means (each, a "Submission"), is not considered
confidential by Garena and may be disseminated, exploited or otherwise used by Garena or its
affiliates without any compensation, attribution, obligation or liability to you for any purpose
whatsoever, including, but not limited to, developing, manufacturing and marketing products. By
making a Submission to Garena, you acknowledge and agree that Garena and/or other third parties may
independently develop software, applications, interfaces, products and modifications and
enhancements of the same which are identical or similar in function, code or other characteristics
to the ideas set out in your Submission. Accordingly, you hereby grant Garena and its successors an
irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (without your prior
consent or authorisation) and transferable (without your prior consent or authorisation) license to
develop the items identified above, and to use, reproduce, copy, distribute, publish, republish,
transmit, modify, adapt, create derivative works of, publicly display, communicate to the public and
publicly perform any Submission on, through or in connection with the Services in any media formats
and through any media channels, including without limitation, for marketing, advertising, promoting
and redistributing part of the Services (and its derivative works) and for any other commercial or
business purposes at Garena’s sole and absolute discretion. This provision does not apply to
personal information that is subject to our privacy policy except to the extent that you make such
personal information publicly available on or through the Services.
12.4 Garena may in its discretion suspend availability of or delete any of your or any other
User’s UGC or other Content on the Platform at any time and for any period of time, including
in perpetuity, without notice if such UGC or other content violates intellectual property principles
or any guidelines or policies associated with the Services or if Garena determines in its discretion
that any UGC does or may cause harm to the Services or to Garena’s reputation. Garena is under
no obligation of any kind for suspending any UGC in accordance with this Section.
12.5 You agree not to use any UGC submitted to the platform, whether on the platform or off
the platform, in a way : (i) in a manner that is offensive, defamatory, sexually explicit, or
otherwise objectionable (in each case, as determined by Garena), (ii) in connection with false,
defamatory, libelous or slanderous statements concerning Garena or otherwise in a manner intended or
reasonably likely to disparage Garena or bring Garena into public disrepute, or (iii) in a manner
which is intended or reasonably likely to suggest or imply that you or any User is affiliated with
Garena or that Garena endorses the applicable UGC.
13. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
13.1 Each contributor to the Services of data, text, images, sounds, video, software and other
Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance
with law and legal restrictions associated with the Content they contributed. As such, Garena is not
responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature,
rights clearance, compliance with law and legal restrictions associated with any contribution of
Content. You will not hold Garena responsible for any user's actions or inactions, including,
without limitation, things they post or otherwise make available via the Services.
13.2 In addition, the Services may contain links to third party text and video feeds (and podcasts)
(collectively, "third party feeds"), products, websites, services and offers, or links to
download third party software applications. Additionally, third parties may make available, on their
own websites, third party feeds, and software applications. These third party links, third party
feeds, products, websites, services and software applications are not owned or controlled by Garena.
Rather, they are operated by, and are the property of, the respective third parties, and may be
protected by applicable copyright or other intellectual property laws and treaties. Garena has not
reviewed, and assumes no responsibility for the content, functionality, security, services, privacy
policies, or other practices of these third parties. You are encouraged to read the terms and other
policies published by such third parties on their websites or otherwise. By using the Services, you
agree that Garena shall not be liable in any manner due to your use of, or inability to use, any
third-party feed, website or widget. You further acknowledge and agree that Garena may disable your
use of, or remove, any third party links, third party feeds, or applications on the Services to the
extent they violate these Terms of Service.
14. VIOLATIONS OF OUR TERMS OF SERVICE; GRIEVANCE REDRESSAL
14.1 If you believe a User of our Services is violating these Terms of Service, please contact us
at
[email protected].
14.2 If you are a User based in India and believe another User of our Services is violating these
Terms of Service or if you have any complaints relating to our Services, please contact our
Grievance Officer at
[email protected].
The Grievance Officer will respond to your concerns and queries at the earliest and in compliance
with applicable law.
15. MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
15.1 If you believe that any Content (as included on the Services) has been copied, displayed, or
distributed in a way that infringes a valid copyright, please notify our Copyright Agent. A
notification of claimed infringement must be a written communication as set forth below, and must
include substantially all of the following:
(a) a physical or electronic signature of a person authorised to act on behalf of the owner of the
copyright interest that is allegedly infringed;
(b) a description of the copyrighted work(s) and an identification of what material in such work(s)
is claimed to be infringed by the Content;
(c) a description of the exact name of the Content that is claimed to infringe and the location of
the infringing Content on the Services;
(d) information sufficient to permit Garena to contact you, such as your physical address,
telephone number and e-mail address;
(e) a statement by you that you have a good faith belief that the use of the material identified in
the manner complained of is not authorised by the copyright owner, its agent, or the law; and
(f) a statement by you that the information in the notification is accurate and, under penalty of
perjury, that you are authorised to act on the copyright owner's behalf.
The Copyright Agent will only respond to any claims involving alleged copyright infringement.
15.2 Regarding any of your UGC that is removed or disabled, if you believe that your UGC is not
infringing or that you have the authorization from the copyright owner, the copyright owner’s
agent, or pursuant to the law, to post and use the material in your content, you may send a
counter-notice to our Copyright Agent. Any counter-notice submitted on behalf of an under-13 User
must be submitted by a parent or other adult representative. When the Garena Copyright Agent
receives a counter-notice, we reserve the right to send a copy of the counter-notice to the original
complaining party informing that party that we may, in 10 business days, replace the removed UGC or
stop disabling it. Unless the copyright owner files an action seeking a court order against the
provider of the UGC, the removed UGC may be replaced or access to it restored, in 10 to 14 business
days or more after receipt of the counter-notice, in our sole discretion.
15.3 Garena’s intellectual property policy is to: (i) remove or disable access to
material that Garena knows to be infringing the intellectual property rights of third parties or
that has been identified in a valid notice submitted under this section by an intellectual property
rights owner or his or her agent; and (ii) in appropriate circumstances, to terminate the Accounts
of and block access to the Services by any User who repeatedly or egregiously infringes other
people’s copyrights or other intellectual property rights.
16. MAKING CLAIMS OF TRADEMARK INFRINGEMENT
16.1 If you believe that any Content (as included on the Services) has been copied, displayed,
or distributed in a way that infringes a valid trademark, please notify our Trademark Agent. A
notification of claimed infringement must be a written communication as set forth below, and must
include substantially all of the following:
(a) a physical or electronic signature of a person authorised to act on behalf of the owner of
the trademark interest that is allegedly infringed;
(b) a description of such trademark right that you claim has been infringed;
(c) a description of the exact name of the infringing work and the location of the infringing
work on the Services;
(d) information sufficient to permit Garena to contact you, such as your physical address,
telephone number and e-mail address;
(e) a statement by you that you have a good faith belief that the use of the material
identified in the manner complained of is not authorised by the trademark owner, its agent, or the
law; and
(f) a statement by you that the information in the notification is accurate and, under penalty
of perjury, that you are authorised to act on the trademark owner's behalf .
The Trademark Agent will only respond to any claims involving alleged trademark infringement.
17. YOUR REPRESENTATIONS AND WARRANTIES
17.1 You represent and warrant that:
(a) you possess the legal capacity (and in the case of usage of the Services by a minor, that you
are the parent or legal guardian and have given valid consent) and the right and ability to enter
into these Terms of Service and to comply with its terms;
(b) you will use the Services for lawful purposes only and in accordance with these Terms of
Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations; and
(c) you will only use the Services on a machine or device on which such use is authorised by the
machine’s or device’s owner.
18. INDEMNITY
18.1 You agree to indemnify, defend and hold harmless Garena, and its shareholders, subsidiaries,
affiliates, officers, agents, licensors, co-branders or other partners, and employees (collectively,
the "Indemnified Parties"), at your expense, from and against any and all claims, actions,
proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs
and expenses (including, without limitation, reasonable legal fees and other dispute resolution
expenses) incurred by any Indemnified Party arising out of or relating to: (a) the hosting,
operation, management and/or administration of the Services by or on behalf of Garena; (b) your
violation or breach of any term of these Terms of Service or any policy or guidelines referenced
herein, including a breach of any representation or warranty referenced in these Terms of Service;
(c) your access, use or misuse of the Services; (d) your actual or alleged violation or breach of
any law or regulation or the rights of a third party (including but not limited to the infringement
of a third party’s intellectual property right as a result of the inclusion of your UGC on the
Services); or (e) the removal of your Account or any Content that you upload, post, email, transmit
or otherwise make available through the Services in accordance with Clauses 4.2-4.4 above. To the
extent permissible under applicable laws, Garena reserves the right, at Garena’s own cost, to
take on the exclusive defense and control of any matter subject to indemnification (without limiting
your indemnification obligations with respect to that matter), and in that case, you agree to
cooperate with Garena’s defense of that claim.
19. SEVERABILITY
19.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason
unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from
these Terms of Service and shall not affect the validity and enforceability of any remaining
provisions in such jurisdiction nor the validity and enforceability of the provision in question
under the law of any other jurisdiction.
20. GOVERNING LAW
20.1 These Terms of Service shall be governed by and construed in accordance with the laws of the
Republic of Singapore without regard to its conflict of law rules. 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, claim or difference of
any kind whatsoever shall arising out of or relating to these Terms of Service against or relating
to Garena or any Indemnified Party under these Terms of Service 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. There will be one (1) arbitrator and the
language of the arbitration shall be English.
21. GENERAL PROVISIONS
21.1 Garena reserves all rights not expressly granted herein.
21.2 Garena may modify these Terms of Service at any time by posting the revised Terms of Service
on the Site. Your continued access to or use of the Services after such changes have been posted
shall constitute your acceptance of such revised Terms of Service.
21.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract
any of your obligations.
21.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or
principal-agent relationship between you and Garena, nor does it authorise you to incur any costs or
liabilities on Garena’s behalf.
21.5 The failure of Garena at any time or times to require performance of any provision hereof
shall in no manner affect its right at a later time to enforce the same unless the same is waived in
writing.
21.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any
other person or entity, except for Garena's affiliates and subsidiaries (and each of
Garena's and its affiliates' and subsidiaries' respective successors and assigns).
21.7 The terms set forth in these Terms of Service and any agreements and policies included or
referred to in these Terms of Service constitute the entire agreement and understanding of the
parties with respect to the Services and supersede any previous agreement or understanding between
the parties in relation to such subject matter. The parties also hereby exclude all implied terms in
fact. In entering into the agreement formed by these Terms of Service, the parties have not relied
on any statement, representation, warranty, understanding, undertaking, promise or assurance of any
person other than as expressly set out in these Terms of Service. Each party irrevocably and
unconditionally waives all claims, rights and remedies which but for this Clause might otherwise
have had in relation to any of the foregoing. These Terms of Service may not be contradicted,
explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or
any consistent additional terms.
21.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to
anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt
Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall
have in place all policies and procedures needed to ensure compliance with such requirements.
21.9 If you have any questions or concerns about these Terms of Service or any issues raised in
these Terms of Service, please contacts us at:
[email protected]