ICON INTERACTIVE Terms of Service
Last Updated:June 11, 2024
The Terms of Service constitute an agreement between you and ICON INTERACTIVE PTE. LTD.(referred to as "COMPANY") that regulates your utilization of our Site, Applications, and Service. In the context of these Terms of Service, "COMPANY" refers to ICON INTERACTIVE PTE. LTD., its partners, parent companies, subsidiaries, licensees, licensors, and affiliates (also collectively referred to herein as "we," "our," or "us").
Acceptance of Terms
THESE TERMS OF SERVICE ("TERMS") CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU ("YOU" OR "YOUR") AND THE COMPANY (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING ANY OF OUR APPLICATIONS ("APPLICATION") AND UTILIZING IT IN CONNECTION WITH SERVICES PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF AN APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE "SERVICES"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR OTHERWISE USE THE SERVICE. BY CONTINUING TO USE THE SERVICE, YOU ALSO AFFIRM THAT YOU HAVE REVIEWED AND UNDERSTOOD OUR PRIVACY POLICY.
IMPORTANT NOTE: These Terms include a Dispute Resolution and Arbitration Provision, which includes a Class Action Waiver, impacting your rights under these Terms and in relation to any disputes you may have with the COMPANY. Both parties agree to resolve disputes through neutral arbitration and to refrain from litigation in court before a judge or jury, except in small claims court. Please refer to Section 18 below for further details. You have the option to decline the binding individual arbitration and class action waiver as outlined below.
The COMPANY reserves the right, at its sole discretion, to amend or modify these Terms at any time by posting the changes within the Application or other parts of the Service. Your continued use of the Service after the posting of such changes signifies your acceptance of the revised Terms. The COMPANY will make reasonable efforts to notify you of material changes. If you find the modified Terms unacceptable, your only recourse is to cease using the Service. You agree that the COMPANY may modify any aspect of the Service, including its content, or terminate the Service or any part thereof, for any reason, without prior notice or liability to you.
Privacy
You acknowledge and consent to the COMPANY collecting, using, and sharing certain personal information from you and your device, as outlined in our Privacy Policy for the corresponding Services. By utilizing our Services, you affirm that you have reviewed and acknowledged the contents of these Privacy Policies.
Eligibility
To access the Service, you must be an individual of at least 18 years of age with a valid email address registered to your account. We reserve the right to request proof of age to verify compliance. Failure to meet this requirement will result in the closure of your account and forfeiture of all accrued Virtual Items (including Loyalty Points) as defined below.
License
To utilize the Service, you must possess a compatible device for the Application. COMPANY does not guarantee compatibility with all devices. By agreeing to these Terms and the Privacy Policy, you are granted a non-exclusive, non-transferable, revocable license to install and use the Application on one device registered to your account. Additionally, you are provided a personal, non-exclusive, non-transferable, limited license to access and utilize any Service components not included in the Application. Usage of the Service is restricted to personal, non-commercial entertainment purposes only. If any portion of the Service is deemed illegal in your jurisdiction, you are prohibited from using it. Prohibited actions include: modifying, disassembling, or reverse-engineering the Application; renting, leasing, or transferring the Application to third parties; making copies of the Application; tampering with security features; or removing copyright notices. Upgraded versions of the Application may be issued periodically, and your device may receive automatic upgrades. By using the Application, you consent to these upgrades and agree that the Terms apply to all such updates. This license does not constitute a sale of the Application, and COMPANY and its licensors retain all rights to the Application. Standard data charges from your carrier may apply to Application usage.
Virtual Items
During your use of the Service, you may have opportunities to "earn," "buy," or "purchase" virtual in-game items or points, collectively referred to as "Virtual Items." It's important to note that you do not "own" these Virtual Items, and they do not represent real points or credits. Instead, when you "earn," "buy," or "purchase" Virtual Items, you are granted a limited license to use the software programs represented by these items. Once purchased, Virtual Items cannot be refunded, transferred, or exchanged, except as required by law, even if your account is terminated or the Service is discontinued.
Transfers or sales of Virtual Items outside of the Service without COMPANY's written permission are strictly prohibited. You may not trade, sell, or attempt to sell Virtual Items for real money or any other form of value without explicit authorization from COMPANY. Any unauthorized transfers or sales are void and may result in the termination of your account.
COMPANY reserves the right to change the price of Virtual Items at any time without notice. Additionally, the amount of virtual points needed to obtain certain Virtual Items may vary. COMPANY is not liable for any changes in price or point requirements. Furthermore, COMPANY may limit the quantity of Virtual Items you can purchase or refuse purchases without prior notification.
In the event of loss of Virtual Items due to unauthorized activity, such as hacking or phishing, COMPANY may, at its discretion, replace the lost items on a case-by-case basis. However, COMPANY bears no further obligation or liability in such instances.
All content appearing in the Service, including Virtual Items, is owned, licensed, or otherwise rightfully used by COMPANY. You acknowledge that you have no ownership or title rights to any content in the Service, including Virtual Items, whether earned or purchased.
No-Real Value
Virtual goods, tokens, and other item in our services or products are for entertainment purposes only, do not contain any real-world value, and may not be used in any activity that generates real-world, tangible value.
Third Party Providers of Goods and Service
Our Partners have the sole discretion to modify, amend, suspend, cancel, or terminate any program they offer, along with its terms and conditions, wholly or partially, at any time, with or without prior notice, and for any reason or no reason at all. By using our Services, you agree that COMPANY holds no liability towards you for any actions taken by a Partner in this regard.
The following is the information about the Third Party Providers we use:
(1) Bugly SDK
You might read the terms of service of Bugly SDK by visiting the following link:
https://bugly.qq.com/v2/contract
(2)Facebook SDK
You might read the terms of service of Facebook SDK by visiting the following link:
https://developers.facebook.com/terms/dfc_platform_terms/
(3) LiveChat SDK
You might read the terms of service of Livechat SDK by visiting the following link:
https://www.livechat.com/legal/
Termination
COMPANY reserves the right to suspend or terminate your Account, including access to the Service and the ability to purchase or use Rewards, at any time and without notice, especially in the event of a breach of these Terms or for other reasons. Upon such termination, your access to the Service, including any User Content and Virtual Items, will cease, and any Loyalty Points accrued will be forfeited. COMPANY may choose to retain User Content after termination, but is not obligated to do so. You have the option to cancel your Account at any time by discontinuing your use of the Service or the Application. COMPANY bears no responsibility for the consequences of termination or cancellation on your use of the Service or your accumulated Virtual Items.
User Content and Feedback
The Service may feature forums, blogs, and chat rooms where users can share their observations and comments on specific topics ("User Content"). COMPANY cannot guarantee the confidentiality of shared ideas and information. Therefore, if you have confidential information or ideas, refrain from posting them on the Service. COMPANY bears no responsibility for any user's use, misuse, or misappropriation of content or information posted in forums, blogs, and chat rooms, including your own contributions or any information shared with service providers or other users.
By sharing User Content on the Service, you grant COMPANY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, copy, adapt, modify, distribute, and exploit such content solely within the Service. COMPANY does not claim ownership of User Content, and you retain all rights to use and exploit your contributions. You are responsible for all User Content you share and must ensure you have the necessary rights to grant COMPANY the license to use it. You also warrant that your User Content and its use by COMPANY do not infringe on any third-party rights or violate any laws or regulations.
COMPANY does not consistently monitor User Content and makes no assurances regarding its accuracy, quality, or integrity. You acknowledge that user chats, posts, or materials are neither endorsed nor controlled by COMPANY, and COMPANY does not review or approve these communications. By using the Service, you acknowledge the potential exposure to offensive or objectionable material. You are solely responsible for your interactions with User Content, and COMPANY will not be held responsible or liable for any User Content, including errors or any resulting loss or damage, or for any delays in removing User Content..
COMPANY reserves the right, at its discretion, to remove, block, edit, move, disable, or permanently delete User Content from the Service, with or without notice, for any reason. You acknowledge that COMPANY is not obligated to remove offensive material, except as required by law. COMPANY values your feedback and encourages you to submit comments and suggestions for improving the Service ("Feedback"). By providing Feedback, you agree that COMPANY exclusively owns all rights to it, including patents, copyrights, trademarks, and other intellectual property rights. If requested by COMPANY, you agree to assist in protecting COMPANY's intellectual property rights related to the Feedback.
General Rules of Conduct and Usage
You affirm that you have the full right and authority to utilize the Service and are bound by these Terms. You agree to adhere to all applicable laws, regulations, statutes, ordinances, and the Terms outlined herein. You commit to refrain from engaging in fraudulent activities against COMPANY or other users and pledge not to act in bad faith while utilizing the Service. Should COMPANY determine that you have acted in bad faith, violating these Terms, or have behaved outside reasonable community standards, COMPANY reserves the right, at its discretion, to adjust the Loyalty Points associated with your Account, terminate your Account, and/or restrict your access to the Service. For instance, you specifically agree not to:
Do not download the Application, create an Account, or access any part of the Service if you are under 18 years of age.
Do not use the Service if you are in a country embargoed by the United States or if you are listed on the U.S. Treasury Department’s list of Specially Designated Nationals.
Do not use the Service for any commercial purposes or for the benefit of any third party, or in any manner that violates these Terms.
Do not access, tamper with, or use non-public areas of the Service, COMPANY computer systems, or the computer systems of our providers and partners.
Do not attempt to probe, scan, or test the vulnerability of any COMPANY system or network, or breach any security or authentication measures.
Do not attempt to avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measures implemented by COMPANY or any of our providers or any other third party (including another user) to protect the Service or any part thereof.
Do not attempt to use the Service on or through any platform or service that is not authorized by COMPANY.
Do not post, upload, publish, submit, provide access to, or transmit any User Content that:
(i) Infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) Violates, or encourages any conduct that would violate, any applicable law or regulation, or would give rise to civil liability; (iii) Is fraudulent, false, misleading, or deceptive; (iv) Is defamatory, obscene, pornographic, vulgar, or offensive; (v) Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) Is violent or threatening, or promotes violence or actions that are threatening to any other person; or (vii) Promotes illegal or harmful activities or substances.
Do not interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting the COMPANY’s game environment, or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users.
Engage in any activity that goes against the intended purpose or guidelines of the Service, including, but not limited to, manipulating or circumventing game policies, game rules, or these Terms.
Upload or transmit files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service.
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation.
Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than yourself, or otherwise attempt to override or avoid any Loyalty Points or Rewards limits or restrictions established by COMPANY and/or any Rewards Partner.
Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information.
Upload or transmit, without COMPANY’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies, or other similar devices.
Develop, distribute, use, or publicly disclose cheats, automation software, bots, hacks, mods, or any other unauthorized third-party software or applications.
Exploit, distribute, or publicly disclose to other users of the Service any game error or bug that provides users with an unintended advantage.
Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items, or obtaining or acquiring Virtual Items or other products or services fraudulently.
Sublicense, rent, lease, sell, trade, gift, bequeath, or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without COMPANY’s written permission.
Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without COMPANY’s permission.
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms.
Violate any applicable law or regulation.
Attempt to interfere with, intercept, or decipher any transmissions to or from the servers for the Service.
Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
Encourage or enable any other individual or group to engage in any of the foregoing activities.
Intellectual Property Ownership
The Service and all content contained within it are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, COMPANY and its licensors exclusively own all rights, title, and interest in and to the Service and all content contained within it, including all associated intellectual property rights. You agree not to:
Modify, reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without COMPANY’s explicit, prior written permission;
Use, display, mirror, or frame the Service, or any individual element within the Service;
Adapt, modify, or create derivative works based on the intellectual property of COMPANY or any COMPANY licensor;
Rent, lease, loan, trade, or sell/re-sell access to the Service or any information contained therein, in whole or in part; or
Use or reproduce any COMPANY licensor or third-party trademark or logo without the prior express written consent of the owner of such trademark or logo.
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Links to Third Party Sites
The Service may include links to third-party websites or resources that are not owned or operated by COMPANY. You acknowledge and agree that COMPANY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services offered on or through such websites or resources. COMPANY neither controls nor conducts reviews, research, verification, validation, or approval of the third-party sites linked to the Service. Therefore, these links do not imply any endorsement by COMPANY of such websites or resources, or the content, products, or services available from them. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or resources.
3.5
DMCA Notice
If you believe that your copyrighted work is being infringed upon on the Service, you, as a copyright owner or agent thereof, can submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") to COMPANY's Designated Agent. The notification should include the following information:
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are involved, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, along with information reasonably sufficient to locate the material.
Your contact information, including your address, telephone number, and email address if available.
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
COMPANY's Designated Agent for handling claims of copyright infringement can be contacted via email at sevice@icongamesg.com
Please note that failure to comply with substantially all of the above requirements may invalidate your DMCA notice, and we may not be able to remove infringing content. Additionally, under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Updates to the Site and Service; Maintenance
You acknowledge and agree that COMPANY reserves the right to update the Service with or without prior notification to you. COMPANY may require your acceptance of updates to the Service, and you may also need to update third-party software periodically to continue receiving the Service. COMPANY conducts routine maintenance on its system, during which certain features of the Service may be temporarily unavailable. Should you encounter any issues while using the Service, including those related to your Account, you can report them to COMPANY at the time the problem occurs.
Dispute Resolution and Arbitration
If you reside in the United States or another jurisdiction where arbitration is permitted, you and COMPANY agree that any Disputes, as defined below, between you and COMPANY will be resolved through binding arbitration, unless stated otherwise in this agreement.
Purpose & Disputes Covered
This Dispute Resolution and Arbitration Provision ("Provision") is designed to facilitate the efficient resolution of any disputes that may arise between you (including anyone representing your interests, asserting your rights, or seeking damages or losses incurred by you) and COMPANY.
Arbitration is a method of private dispute resolution where parties involved in a dispute waive their rights to file a lawsuit, to pursue court proceedings, and to have a trial by jury. Instead, they submit their disputes to a neutral third party (arbitrator) for a binding decision. By agreeing to these Terms, you waive your right to litigate claims in court and forego the option to have your claims adjudicated by a judge or jury, except as otherwise provided herein. In arbitration, there is no judge or jury, and the scope of court review of an arbitration award is limited. The arbitrator must adhere to this agreement and can grant the same damages and relief as a court, including attorneys' fees.
Upon initially consenting to these Terms, you have the option to opt-out of this Provision, which allows you to retain your right to resolve disputes in a court setting, either before a judge or jury. If you have previously consented to arbitration, you may only opt out of the updated arbitration procedure outlined herein, and the previous Terms of Service you agreed to will continue to govern our relationship moving forward.
For the purposes of these Terms, including this Provision specifically, "Dispute" encompasses any disagreement, claim, or controversy between you and COMPANY concerning any aspect of your interaction with COMPANY. This includes matters arising from contract, statute, regulation, ordinance, tort (such as fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The definition of "Dispute" also extends to challenges related to the validity, enforceability, or scope of this Provision (excluding the enforceability of the Class Action Waiver clause below). "Dispute" encompasses any claim brought by an individual purporting to act on your behalf or by any individual or entity seeking damages, recovery, or relief for injuries associated with or suffered by you. The term "Dispute" is construed broadly to ensure enforceability.
Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR ARISING FROM PAST OR FUTURE ACTIONS OR OMISSIONS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY THROUGH BINDING ARBITRATION PURSUANT TO THIS PROVISION. BY AGREEING TO THIS PROVISION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY POTENTIAL CLASS ACTION OR REPRESENTATIVE PROCEEDING.
By entering into this agreement, you acknowledge and consent that you and COMPANY are each relinquishing the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and COMPANY might otherwise have retained the right or opportunity to pursue Disputes in a court, before a judge or jury, and/or to participate or be represented in a court case initiated by others (including class actions). Unless otherwise specified below, those rights are being waived. Other rights that you would typically have in a court setting, such as the right to appeal and certain forms of discovery, may also be more limited or waived altogether.
Class Action Waiver
YOU AND COMPANY AGREE THAT ANY CLAIMS BROUGHT IN ARBITRATION AGAINST EACH OTHER WILL BE DONE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). BY AGREEING TO THIS PROVISION, YOU AND COMPANY ARE WAIVING THE RIGHT TO PURSUE OR RESOLVE DISPUTES AS PLAINTIFFS OR CLASS MEMBERS IN ANY POTENTIAL CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE PROCEEDING.
Unless otherwise specified in this Provision, the arbitrator is not authorized to consider or address any claim or issue relief other than on an individual basis. The arbitrator cannot consolidate multiple individuals' claims, nor can they preside over any form of class or representative proceeding, unless both you and COMPANY explicitly agree to such proceedings after arbitration has commenced. Declaratory or injunctive relief may only be awarded to the individual party seeking relief and only to the extent necessary to address that party’s individual claim(s).
Disputes concerning the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court, not an arbitrator. If a dispute is filed as a class, collective, or representative action, and a final judicial determination is made that the Class Action Waiver is unenforceable for any particular claim or remedy, that specific claim or remedy (and only that claim or remedy) may be brought in a court of competent jurisdiction. However, the Class Action Waiver will still be upheld in arbitration for all other claims or remedies to the fullest extent possible.
Pre-Arbitration Claim Resolution
For any Dispute, you must first give COMPANY the opportunity to resolve the Dispute. Both you and COMPANY agree to participate in good faith during this resolution process. You must initiate this process by providing written notification to sevice@icongamesg.com.
The written notification must include:
Your name,
Your address,
A written description of your Claim,
Identification of the Application or service involved,
Your numerical User ID for each Application or service involved, and
A description of the Dispute and the specific relief you seek.
If COMPANY fails to resolve the Dispute within 45 days of receiving your written notification, you may proceed with arbitration.
Arbitration Procedures
For Disputes that are not resolved through the Pre-Arbitration Claim Resolution procedures outlined above, either party may initiate arbitration by submitting the Dispute to the Hong Kong International Arbitration Centre (“HKIAC”) for resolution. Such arbitration will exclusively take place in Hong Kong, at HKIAC, in accordance with the UNCITRAL Arbitration Rules applicable at the time of arbitration. HKIAC will act as the appointing authority. The arbitration proceedings will be conducted in English. This Agreement will be interpreted and governed by the laws of Hong Kong in any arbitration conducted before HKIAC, irrespective of any choice of laws or conflicts of laws provisions.
The arbitral award is final and binding on both parties and will be rendered in English in accordance with the laws of Hong Kong. No arbitration demand may be made after the date when legal or equitable proceedings based on the claim or dispute would be barred by the applicable statute of limitations.
Severability: If any provision within this Provision (excluding the Class Action Waiver clause) is deemed illegal or unenforceable, that provision will be severed from this Provision, and the remainder will remain valid. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be resolved by a court.
Continuation
This Provision will remain valid even after the termination of your Account (if applicable) or your access to or use of the Service.
Disclaimer of Warranties: The Service (including the Application) and all content provided therein are offered "as is," without any warranty, whether express, implied, or statutory. The COMPANY, our partners, and our respective affiliates, subsidiaries, officers, directors, employees, agents, and licensors (collectively referred to as the "COMPANY Parties") explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, as well as any warranties arising from the course of dealing or usage of trade. The COMPANY Parties do not guarantee that the Service will meet your needs or operate without interruptions, securely, or error-free. Additionally, the COMPANY Parties do not guarantee the quality of any products, services, or content obtained through the Service, nor the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Service.
You are solely responsible for all your communications and interactions with other users of the Service, as well as with other individuals with whom you communicate or interact as a result of your use of the Service. You acknowledge that COMPANY does not screen or investigate the background of Service users, nor does it attempt to verify users' statements. The COMPANY Parties do not provide any assurances or warranties regarding the behavior of Service users or their compatibility with other users. You agree to take reasonable precautions in all your communications and interactions with other users and individuals resulting from your use of the Service, especially if you choose to meet offline or in person. Some jurisdictions may not permit the disclaimer of implied terms in contracts with consumers; consequently, the disclaimers stated in this section may not be enforceable in certain jurisdictions.
Limitation of Liability
You acknowledge and agree that, to the fullest extent permitted by law, the entire risk associated with your access to and use of the service, including the application, rests with you. Neither the COMPANY Parties nor any other party involved in the creation, production, or delivery of the service will be held liable for any incidental, special, exemplary, or consequential damages, including lost profits, data loss, loss of goodwill, service disruptions, computer damage, or system failures, the cost of substitute products or services, or for any damages resulting from personal or bodily injury or emotional distress arising from or related to these terms or the use of or inability to use the service. This includes any communications, interactions, or meetings with other users of the service or other individuals you communicate or interact with due to your use of the Service. These damages may arise from breach of warranty, breach of contract, tort (including negligence), product liability, or any other legal theory, regardless of whether the COMPANY Parties were aware of the possibility of such damages, even if a limited remedy outlined herein is deemed to have failed in its essential purpose.
Under no circumstances will the aggregate liability of the COMPANY Parties arising from or related to these terms or the use of or inability to use the services, in whole or in part, or any content, exceed five hundred dollars ($500). The limitations on damages set forth above are fundamental components of the agreement between COMPANY and you. Some jurisdictions may not permit the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Indemnity
You agree to indemnify, defend, and hold harmless the COMPANY Parties from any claims, losses, damages, liabilities, including legal fees and expenses, resulting from your use or misuse of the Service, any violation by you of these Terms, any of your User Content, or any breach of the representations, warranties, and covenants made by you herein. COMPANY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify COMPANY, and you agree to cooperate with COMPANY’s defense of these claims. COMPANY will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You acknowledge that the provisions in this Indemnity section will survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
Entire Agreement
These Terms represent the complete and exclusive understanding and agreement between COMPANY and you concerning the Services, and they override and replace any previous oral or written understandings or agreements between COMPANY and you regarding the Services.
Assignment
You are not permitted to assign or transfer these Terms, either by law or otherwise, without prior written consent from COMPANY. Any attempt to assign or transfer these Terms without such consent will be deemed ineffective. COMPANY reserves the right to assign or transfer these Terms at its sole discretion without any restrictions. Despite this, these Terms will still be binding and beneficial to the parties involved, including their successors and permitted assigns.
Notices
Any permitted or required notices or communications, including those regarding changes to these Terms, will be provided in writing. COMPANY may deliver such notices (i) via email to the address you provided through your Facebook Login, or (ii) by posting them on the Service. Notices sent via email will be considered effective upon transmission, while notices posted on the Service will be effective upon posting.
California Consumer Notice
Under California Civil Code section 1789.3, California residents have certain consumer rights. The Service is provided by ICON INTERACTIVE PTE. LTD.. If you have any questions or complaints about the Service, you can reach us via email for sevice@icongamesg.com.
Force Majeure
COMPANY shall not be held liable for any damages, injuries, nonperformance, or delays in performance resulting from circumstances beyond its control, including but not limited to acts of God, weather conditions, fires, floods, epidemics, acts of terrorism or foreign enemies, satellite or network failures, governmental regulations or orders, trade disputes, or any other causes beyond its reasonable control, in delivering the Services or providing the Applications.
Waiver; Severability
The failure of COMPANY to enforce any right or provision of these Terms will not waive its ability to enforce that right or provision in the future. Any waiver of such right or provision must be in writing and signed by an authorized representative of COMPANY to be effective. Both parties' exercise of remedies under these Terms does not affect their other remedies under these Terms or otherwise. If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
Subscription Terms
ICON INTERACTIVE PTE. LTD. offers subscription services for certain games, including a recurring payment plan for Services and Virtual Items as defined in our Terms of Service. By purchasing a subscription, you agree to enter into a periodic subscription contract with ICON INTERACTIVE PTE. LTD. and authorize recurring charges at the quoted rate. Subscriptions automatically renew unless cancelled by you or terminated by us. Subscription prices, charges, and offerings may change, and any rate changes will be communicated in advance.
Subscriptions are processed through platform providers like Apple or Google, which handle payment terms and cancellations. Subscription payments already processed are nonrefundable, and no refunds or credits are provided for partially used subscription periods. Promotional items may be offered but are not part of ongoing subscriptions.
Please consult our Terms of Service and Privacy Policy for further information. For inquiries about subscription services, contact our customer support team.
SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL EFFECT.