Terms of Use
The following are Casual Labo Inc.. and its related entities (collectively referred to as “CLabo”,
“we”, “us”, or “our”) terms and conditions of use (“Terms”):
Please read these Terms carefully because they govern your access to and use of the CLabo Services
(as defined below), CLabo Content, and User Content (defined below) and are legally binding. CLabo’s
Privacy Policy is incorporated as a part of these Terms and, by installing, accessing or using the
CLabo Services you explicitly agree with the terms and conditions of CLabo’s Privacy Policy and to
any terms and conditions included therein by reference.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “AGREE” BUTTON WHERE APPLICABLE, OR BY ACCESSING
OR USING THE CLABO SERVICES OR BY DOWNLOADING, SENDING OR POSTING ANY CONTENT ON OR THROUGH THE
CLABO SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE
TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE CLABO
SERVICES OR CLABO CONTENT.
The “CLabo Services” means (i) the websites, including any services, applications, games, features
and content accessible or downloadable from the websites, and (ii) any other application, game,
service, product, feature or content of CLabo or its licensors licensed, downloaded, or otherwise
assessed by you through any third party website, platform or source. CLabo Services also include
updates and upgrades as well as accompanying manuals and documentation, and all copies thereof.
Your access to or use of the CLabo Services may have different service-specific terms and conditions
(“Rules”) posted on our websites or third party websites or platforms (such as terms related to a
specific mobile game), or may require you to agree with and accept such additional Rules. If there
is a conflict between these Terms and Rules, the applicable Rules will take precedence with respect
to your use of, or access to, the CLabo Services.
1. Eligibility and Registration
Unless otherwise provided for a specific CLabo Service, in order to access the CLabo Services, and
to post any User Content on or through the CLabo Services, you must register through the
registration process established by CLabo and obtain approval from us to access and use the CLabo
Services (“Approval”). Upon Approval, you will become an authorized user of the CLabo Services
(“User”) and may be issued or set a Service ID (“Service ID”) which is necessary to use the CLabo
Services, and if we determine appropriate, a password for the Service ID may also be issued or you
will set it. The Service ID and password can be modified only by means of an authorized function of
the applicable CLabo Service, The Service ID may contain Personal Information (as defined in CLabo’s
Privacy Policy) and Non-Identifying Information (as defined in CLabo’s Privacy Policy) as well as
Virtual Items and Virtual Currency (as defined below).
You agree that if you are under the age of 18 or whatever is the age of legal majority where you
access the CLabo Services, you represent that your legal guardian has read, understood, and agreed
to these Terms.
In registering for Approval and a Service ID, you agree to monitor and restrict any use of the CLabo
Services by minors. You accept full responsibility for any unauthorized use of the CLabo Services by
minors, and this includes any use of your credit cards or other payment or settlement instruments or
devices by minors.
You may not register for Approval or a Service ID if you are below the age of 14. In registering for
Approval and a Service ID, you agree to prevent access to anyone under 14. Since the CLabo Services
are not intended for children under the age of 14 (“children”), access to the CLabo Services or
issuance of a Service ID is not knowingly granted to children.
During the registration process, you will be required to provide certain information, including your
email address. You agree to provide accurate, current and complete information during the
registration process and to update such information to keep it accurate, current and complete. CLabo
reserves the right to suspend or terminate your Service ID if any information provided during the
registration process or thereafter proves to be inaccurate, not current or incomplete.
If you are issued a password, you are responsible for safeguarding your password. You agree not to
disclose your password to any third party or to allow any third party to use your Service ID, and
you agree to take sole responsibility for any activities or actions under your Service ID, whether
or not you have authorized such activities or actions. You will immediately take appropriate measure
(e.g., change of the password, or notify to CLabo ) upon any unauthorized use of your Service ID
and/or loss of your password. In the event of loss of your password, you agree that you will solely
be responsible for any missing items related to the CLabo Services, including but not limited to,
Virtual Currency (as defined below).
A Service ID will be issued per a new use of the CLabo Service. If you decide to use your Service ID
for new usage environment, you will be required to complete CLabo’s process for changing usage
environment.
2. Modification
CLabo reserves the right, at its sole discretion, to modify, discontinue or terminate all or any of the CLabo Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms or our Privacy Policy, we will post these Terms or Privacy Policy as modified or otherwise provide you with notice of the modification. By continuing to access or use the CLabo Services after we have posted a modification to these Terms or Privacy Policy or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms or Privacy Policy. If the modified Terms or Privacy Policy are not acceptable to you, your only recourse is to cease using the CLabo Services.
3. Content
The following types of content will be made available to you through the CLabo Services:
“CLabo Content” means CLabo’s and the CLabo Services’ name, trademarks, logos, text, data, graphics,
images, illustrations, forms, documents, marketing materials, look and feel attributes, or our
licensors’ name, trademarks and logos, and other content made available by CLabo on or through the
CLabo
Services, but excluding User Content (as defined below).
“User Content” means text, data, graphics, images, photos, and any other content uploaded,
transmitted
or submitted by you on or through the CLabo Services, whether made available to many unspecified
persons
or privately to specified persons.
4. Intellectual Property
The CLabo Services and CLabo Content are protected by copyright, trademark, and other laws of the
United
States and foreign countries. Except as expressly provided in these Terms, CLabo and our licensors
exclusively own all right, title and interest in and to the CLabo Services and CLabo Content,
including
all associated intellectual property rights, including any patents, copyrights, trademarks, service
marks, trade names, database rights, domain name rights, applications for any of the foregoing,
moral
rights and trade secret rights (“Intellectual Property Rights”).
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary
rights
notices incorporated in or accompanying the CLabo Services or CLabo Content.
5. User License
Subject to your compliance with these Terms, CLabo hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to, in ordinary and reasonably foreseeable ways, access, view, download and print, where applicable, the CLabo Content and CLabo Services solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the CLabo Services or CLabo Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by CLabo or its licensors, except for the licenses and rights expressly granted by these Terms.
6. User Content
By making available any User Content on or through the CLabo Services, you hereby grant to CLabo a
worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right
to
sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display,
publicly
perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by
means of the CLabo Services. CLabo does not claim any ownership rights in any such User Content and
nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit
any
such User Content.
If CLabo deems it necessary in its sole discretion, CLabo may inspect, modify, change, or remove, in
whole or part, any User Content and may do so without any prior notice or explanation thereof.
You acknowledge and agree that you are solely responsible for all User Content that you make
available
on or through the CLabo Services. Accordingly, you represent and warrant that:
- You either are the sole and exclusive owner of all User Content that you make available on or
through
the CLabo Services or you have all rights, licenses, consents and releases that are necessary to
grant
to CLabo the rights in such User Content as contemplated under these Terms; and
- Neither the User Content nor your posting, uploading, publication, submission or transmittal of
the
User Content or CLabo’s use of the User Content (or any portion thereof) on, through or by means of
the
CLabo Services will infringe, misappropriate or violate a third party's Intellectual Property
Rights, or
rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7. No Infringing Use
You will not use the CLabo Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
8. Virtual Items and Virtual Currency
CLabo owns, has licensed, or otherwise has the rights to use all CLabo Content and the CLabo
Services,
including virtual items (“Virtual Items”) and virtual currency such as “gold” (“Virtual Currency”).
Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they
may
only be used in the applicable CLabo Services, and they have no “real world” value. By purchasing or
receiving Virtual Items and Virtual Currency, all that you receive is a limited license to use them
in
the applicable CLabo Services by these Terms or such other terms as may apply; Virtual Items and
Virtual
Currency are not your personal property, and no ownership interest or rights related thereto are
transferred to you.
The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be
changed
at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed
or
discontinued at any time without notice.
You cannot sell or transfer, or attempt to sell or transfer, Virtual Items, Virtual Currency, or any
related rights thereto, except only that where allowed you can exchange, within the applicable CLabo
Services, those Virtual Items specified by CLabo as tradable (“Tradable Items”) for any other User’s
Tradable Items so long as no money or anything of monetary value is paid, exchanged or given for
Tradable Items; any other purported or attempted exchange is strictly prohibited.
Virtual Items and Virtual Currency may never be redeemed by you for “real world” money, goods,
wares, merchandise, services, or anything of monetary value from CLabo or any other person.
You are solely responsible for any payments of Virtual Items and Virtual Currency made through a
third-party digital media distribution service (“Third-Party Distributor”), and any claims, demands,
or
complaints made against a Third-Party Distributor shall be resolved between you and such Third-Party
Distributor. CLabo will not be liable for any claims, demands, or complaints you make against a
Third-Party Distributor.
9. Orders and Payment
You agree that if you are under the age of 18 or whatever is the age of legal majority where you
access
the CLabo Services, you may make payments only with the involvement of your legal guardian, and you
represent that your legal guardian has read, understood, and agreed to these Terms.
You may purchase, with “real world” money, limited licenses to use Virtual Items or Virtual Currency
from CLabo in accordance with these Terms, and you agree that all such purchases are final. If you
order
licenses for Virtual Items or Virtual Currency from CLabo that become unavailable before they can be
provided to you, your only remedy is to request a refund of the purchase price from the payment
processor of the transaction.
Your orders for limited licenses to Virtual Items or Virtual Currency are offers for use of those
Virtual Items or Virtual Currency, and if accepted those Virtual Items or Virtual Currency will be
immediately downloaded to your Service ID.
You expressly consent to the making available of Virtual Items and Virtual Currency immediately upon
acceptance of your order. You understand and agree that CLabo provides no refunds for any purchases
except only as expressly stated in these Terms.
10. Costs and Taxes
You are responsible and will pay all costs, expenses (including, but not limited to, the price of devices and communication charge), fees and applicable taxes incurred by you or anyone using the Service ID registered to you.
11. Mobile Operating Software Providers and Third-Party Publishers
Providers of operating software for mobile devices (“OS Providers”) offer virtual storefronts and
marketplaces for you to browse, locate and download, among other things, mobile applications. If you
download the CLabo Services from a virtual storefront or marketplace operated by your OS Provider,
please note that, in addition to complying with these Terms (and the terms and conditions of any
applicable third-party publisher), you must also comply with the terms and conditions of such
virtual
storefront or marketplace.
In addition to the above, the CLabo Service may have a function which uses the third party’s
service. If
you use such function, you must also comply with the terms and conditions of such third party’s
service.
12. Interactions between Users
You are solely responsible for your interactions (including any disputes) with other Users. Even if we choose to offer report user, block user, or similar features on the CLabo Services, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using the CLabo Services and disclosing personal information to other Users. You agree to take reasonable precautions in all interactions with other Users, particularly if you decide to contact or meet another User offline, or in person. Your use of the CLabo Services, CLabo Content, User Content and any other content made available through the CLabo Services is at your sole risk and discretion and CLabo hereby disclaims any and all liability to you or any third party relating thereto. CLabo reserves the right to contact Users, in compliance with applicable law, in order to evaluate compliance with these Terms and any other applicable Rules. You will cooperate fully with CLabo to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized CLabo representatives access to any password-protected portions of Service ID.
13. General Prohibitions
You agree not to do any of the following while using the CLabo Services or using the CLabo Content or User Content:
-
Post, upload, publish, submit or transmit any text, graphics, images, software, music,
audio, video, information or other material that:
- a) infringes, misappropriates or violates a third party's Intellectual Property Rights, rights of publicity or privacy, reputation or public standing, or any other properties;
- b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- c) is fraudulent, false, misleading or deceptive;
- d) is defamatory, obscene, pornographic, vulgar or offensive;
- e) is political or religious;
- f) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- g) is violent or threatening or promotes violence or actions that are threatening to any other person;
- h) impersonates any employee, executive, or customer service support employee of CLabo;
- i) promotes illegal, harmful, or inappropriate activities or substances (including but not limited to activities that promote or provide instructional information regarding gambling, solicitation for sexual activities or dating, providing alcohol to minors, or the manufacture or purchase of illegal weapons, drugs, or substances); or
- j) uses, in whole or part, any CLabo reply to any inquiry or notice by User to CLabo.
-
-Take the following actions with respect to Virtual Currency:
- a) to hold or use Virtual Currency for the purpose of deposit;
- b) to hold or use Virtual Currency for the purpose of exchange or refund;
- c) to hold or use Virtual Currency for the purpose of money laundering;
- d) acquiring Virtual Currency by illegal means or using Virtual Currency knowing that it is acquired by illegal means;.
- e) in addition to the above, using our services to perform any act of holding or using Virtual Currency in a manner that is beyond ordinary or reasonable.
- - Use, display, mirror, frame or utilize framing techniques to enclose the CLabo Services, or any individual element or materials within the CLabo Services, CLabo Content, or CLabo licensors’ trademarks, logos or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without CLabo’s express written consent;
- - Access, tamper with, or use non-public areas of the CLabo Services, CLabo’s computer systems, or the technical delivery systems of CLabo’s providers;
- - Attempt to probe, scan, or test the vulnerability of any CLabo system or network or breach any security or authentication measures;
- - Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CLabo or any of CLabo’s providers or any other third party (including another User) to protect the CLabo Services or CLabo Content;
-
- Attempt to access or search the CLabo Services or CLabo Content, or download
the CLabo Services or CLabo Content in the CLabo Services, through the use of any
engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CLabo or other generally available third-party web browsers; - - Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- - Use any meta tags or other hidden text or metadata utilizing CLabo Content or CLabo licensor’s trademark, logo URL or product name without CLabo’s express written consent;
- - Use the CLabo Services or CLabo Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- - Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way the CLabo Services or CLabo Content to send altered, deceptive or false source-identifying information;
- - Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the CLabo Services or CLabo Content;
- - 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 CLabo Services;
- - Collect, store, or disclose any Personal Information of other Users from the CLabo Services, or from other Users, without their express permission;
- - Impersonate or misrepresent your affiliation with any person or entity;
- - Violate any applicable law, regulation or guidelines issued by any government agency;
- - Post User Content or take any action that infringes or violates the rights of another User;
- - Bully, harass or intimidate any User, or cause any User to experience inconvenience or other difficulties;
- - Solicit User passwords from another User or collect User Content or otherwise access the CLabo Services by automated means including but not limited to, bots, robots, spiders;
- - Create a Service ID for anyone other than yourself, or create two or more Service IDs on one device;
- - Use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other Users, or modify or interfere with the CLabo Services;
- - Abuse or exploit a bug, glitch or mechanism in the CLabo Services;
- - Engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation;
- - Provides, states or reports any false or untrue fact upon any contact, inquiry, notice, or consultation to or with CLabo, whether or not made through or related to CLabo Services;
- - Cooperate with or participate in any anti-social forces or organized criminal organizations or groups of any kind or solicit or encourage any other User to do so; or
- - Encourage or enable any other individual to do any of the foregoing.
CLabo will have the right to investigate and prosecute violations of any of the above,
including Intellectual Property Rights infringement and CLabo Services security issues, to
the fullest extent of the law. CLabo may involve and cooperate with law enforcement
authorities in prosecuting users who violate these Terms.
You acknowledge that CLabo has no obligation to monitor or record your access to or use
of the CLabo Services or CLabo Content, or to monitor, record, or edit any User Content,
but agree that we have the right to do so for the purpose of operating the CLabo Services,
to ensure your compliance with these Terms, or to comply with applicable law or the order
or requirement of a court, administrative agency or other governmental body. You
acknowledge and agree that you have no expectation of privacy concerning uploads,
transmissions, or submissions of any User Content. CLabo reserves the right, at any time
and without prior notice, to remove or disable access to any User Content that CLabo, in its
sole discretion, considers to be in violation of these Terms or otherwise harmful to the CLabo
Services.
We encourage Users to report any suspected misconduct or misuse of the CLabo Services
by sending us an email to email address designated by CLabo for a specific CLabo Service.
14. Sweepstakes and Contests
CLabo may permit the offer of sweepstakes, contests and similar promotions (collectively, “Promotions”) through the CLabo Services. You should carefully review the rules of each Promotion in which you participate through the CLabo Services, as they may contain additional important information about CLabo’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control.
15. Transfer of user data
In the event you intend to transfer any of your data concerning your use of any CLabo Services (including, but not limited to, User Content, Virtual Items and Virtual Currency, collectively, “User Data”) to another mobile devices or to a reinstalled version of any CLabo Services, you shall comply with the procedures specified by CLabo. Upon User Data transfers, available platform transferred to and transferred User Data (e.g., Virtual Currency and Virtual Items) maybe limited.
16. Termination of Service ID
Without limiting other remedies, CLabo may at any time suspend or terminate your Service ID and refuse to provide you access to all or any of the CLabo Services if CLabo suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of these Terms or any policies or Rules established by CLabo; (ii) engaged in actions relating to or in the course of accessing or using the CLabo Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, CLabo or any other third parties or any CLabo Services; or (iii) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer. In addition, CLabo may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above. You may terminate your Service ID at any time and for any reason by sending an email to email address designated by CLabo for a specific CLabo Service.
17. Effects of Termination, Suspension of Service ID
Upon termination of your Service ID for any reason by you or us, you will lose all access to
such ID. Terminated Service IDs cannot be reinstated; any Service ID that may be
registered by you after termination of a Service ID is a new and unique ID.
If your Service ID is terminated for any reason by you or us, you understand and agree that
any Virtual Items to which you had access via your Service ID at the time of termination will
be lost and no longer be available to you, and you will have no right to them.
If your Service ID is terminated for any reason by you or us, you understand and agree that
CLabo may redeem and use the Virtual Currency in the Service ID at the time of
termination for any purpose that it may choose, and that on termination you will have no
right to that Virtual Currency.
In addition, if your Service ID is not used to use the CLabo Services for a period of three (3)
or more years (“Inactive Service ID”), you understand and agree that (i) CLabo may
redeem and use the Virtual Currency in the Inactive Service ID at such time for any
purpose that it may choose, and that on the account becoming an Inactive Service ID you
will have no right to that Virtual Currency; and (ii) any Virtual Items to which you had access
via the Inactive Service ID up to the ID becoming an Inactive Service ID will be lost and no
longer be available to you, and you will have no right to them.
YOU AGREE THAT CLABO IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY
REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION
FOR UNUSED VIRTUAL ITEMS OR VIRTUAL CURRENCY IN AN INACTIVE SERVICE ID
OR THAT WAS IN A TERMINATED SERVICE ID, NO MATTER HOW EITHER CAME ABOUT.
After any termination, you understand and acknowledge that we will have no further
obligation to provide the CLabo Services and all licenses and other rights granted to you by
these Terms will immediately cease. CLabo will not be liable to you or any third party for
termination of the Service ID or termination of your use of the CLabo Services. UPON ANY
TERMINATION OR SUSPENSION OF YOUR SERVICE ID, ANY CONTENT, MATERIALS
OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON
THE CLABO SERVICES OR THAT WHICH IS RELATED TO YOUR SERVICE ID MAY NO
LONGER BE ACCESSED BY YOU. Furthermore, CLabo will have no obligation to maintain
any information stored in our database related to your Service ID or to forward any
information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to CLabo under
these Terms (including, without limitation, proprietary rights and ownership, indemnification
and limitation of liability), which by their sense and context are intended to survive such
suspension, termination or cancellation.
18. Disclaimers
THE CLABO SERVICES, CLABO CONTENT, AND USER CONTENT ARE PROVIDED AS
IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
LIMITING THE FOREGOING, CLABO EXPLICITLY DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF
DEALING OR USAGE OF TRADE.
CLABO MAKES NO WARRANTY THAT THE CLABO SERVICES, CLABO CONTENT,
USER CONTENT, OR USER DATA WILL (I) MEET YOUR REQUIREMENTS (II) NOT BE
DELETED, ERASED OR LOST, OR (III) BE AVAILABLE ON AN UNINTERRUPTED,
SECURE, OR ERROR-FREE BASIS. CLABO MAKES NO WARRANTY REGARDING THE
QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED
THROUGH THE CLABO SERVICES OR THE ACCURACY, TIMELINESS,
TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED
THROUGH THE CLABO SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
CLABO OR THROUGH THE CLABO SERVICES, CLABO CONTENT OR USER
CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
19. Indemnity
You agree to defend, indemnify, and hold CLabo, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to CLabo, your access to and use of the CLabo Services or CLabo Content, or your violation of these Terms.
20. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE CLABO SERVICES, CLABO CONTENT, AND USER CONTENT THEREIN REMAINS WITH YOU. NEITHER CLABO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CLABO SERVICES OR CLABO CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE CLABO SERVICES OR CLABO CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLABO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT CLABO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL CLABO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE CLABO SERVICES OR CLABO CONTENT OR USER CONTENT THEREIN OR PROVIDED THEREBY EXCEED ONE HUNDRED SINGAPORE DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CLABO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
21. Trademarks & Other Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of CLabo or our licensors used in association with the CLabo Services are trademarks or registered trademarks of CLabo or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same. 22. Controlling Law and Jurisdiction These Terms and any action related thereto will be governed by the laws of Japan without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the Tokyo District Courts located in Tokyo, Japan, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
23. Entire Agreement
These Terms (including CLabo’s Privacy Policy) constitute the entire and exclusive understanding and agreement between CLabo and you regarding the CLabo Services and CLabo Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CLabo and you regarding the CLabo Services and CLabo Content.
24. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without CLabo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CLabo may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
25. Notices
You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of the CLabo Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (x) by CLabo via email (in each case to the address that you provide) or (y) by posting on or through the CLabo Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
26. General
The failure of CLabo to enforce any right or provision of these Terms will not constitute a
waiver of future enforcement of that right or provision. The waiver of any such right or
provision will be effective only if in writing and signed by a duly authorized representative of
CLabo. Except as expressly set forth in these Terms, the exercise by either party of any of
its remedies under these Terms will be without prejudice to its other remedies under these
Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of
these Terms invalid or unenforceable, that provision will be enforced to the maximum extent
permissible and the other provisions of these Terms will remain in full force and effect. You
agree that (i) these Terms are intended to cover any third-party publisher who is an affiliate
of CLabo (“Affiliate Publisher”); (ii) your obligations to CLabo under these Terms extend to
Affiliate Publishers as applicable unless otherwise agreed under any third-party terms with
any such Affiliate Publisher; and (iii) Affiliate Publishers are third party beneficiaries under
these Terms who may rely on and directly enforce these Terms against you as such.
27. Language
The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only and the English version shall govern to the extent of any inconsistency.
28. Contacting Us
If you have any questions about these Terms, please contact CLabo to email address designated by CLabo for a specific CLabo Service.