Terms of Service
Last Updated Date: 31 January 2023
1. Introduction
1.1. These Terms of Service set out the terms and conditions which govern your use of our Services (as defined below) and is an agreement between the relevant Refract Company (also referred to as “Refract”, “we”, “us” or “our”) and you.
1.2. By accessing, and/or using our Services, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access or use our Services.
1.3. We may issue additional terms and conditions relating to specific features, content and services (including but not limited to, events, competitions and contests). Your right to participate in and/or use such features, content and services will also be subject to these Terms of Service and these additional terms and conditions.
1.4. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and other relevant Refract policies, at any time by posting the amended terms or policies on our websites. You will be deemed to have accepted such changes by continuing to use the Services.
2. Creating and Using an Account
2.1. To access and use certain Services, you may be required to register for an account (“Account“). You agree not to use or provide any false, inaccurate or misleading information when signing up for your Account. We reserve the right to deny the creation of any account at our discretion and for any reason.
2.2. If you choose or are provided with a user name, password, or any other piece of login information as part of the Account registration process (collectively, “Login Information”), you must treat such information (other than your user name) as confidential, and you must not disclose it to others. You shall not share the use of your Account or Login Information, or let anyone else access your Account or do anything that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorised disclosure of your Login Information, you must immediately change your password and notify Refract. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all use of your Account, including purchases, whether or not authorized by you.
2.3. Your Account is non-transferable and is for your personal use. You shall not purchase, sell, rent or give away your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall be owned by Refract.
3. Account Registration by Minors
3.1. By using or registering for an Account or otherwise using the Service, you represent that you have either reached the age of majority or “legal responsibility” where you live or your parent or legal guardian agrees to be bound by these Terms of Service on your behalf. If you do not know whether you have reached the age of majority or “legal responsibility” where you live, or do not understand this section, please ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms of Service and are responsible for all use of the Account or Services, including purchases, whether the minor’s account is now open or created later.
4. Closing Accounts and Suspension
4.1. You may terminate your Account at any time and for any reason by following the process described on our support page for the relevant Service. Depending on the Service provided, you may also be able to cancel specific Services, or portions or features of a Service by following the relevant process described on our support page.
4.2. We may at any time and for any reason, in our sole discretion and without notice or liability to you or any third-party, limit, suspend, terminate, cancel, modify or delete Accounts or access to the Services, or portions or features of the Services, including without limitation in the following circumstances:
4.2.1. if you, or we suspect that you, have failed or are failing to comply with these Terms of Service;
4.2.2. for any actual or suspected illegal or improper use of the Services by you;
4.2.3. where you have failed to make a payment required for the provision of any Services and/or Materials;
4.2.4. if you have not accessed or used your Account, or we otherwise consider that it has been inactive for a period of 180 days or more; and
4.2.5. where we are required to do so to comply with a legal obligation or a court order.4.2.2.
4.3. If in accordance with clauses 4.1 and 4.2 above, we or you limit, terminate, cancel, modify or delete Accounts or access to the Services, or portions or features of the Services:
4.3.1. we shall be entitled to delete any information, data, Materials, and/or User Content which is associated with your Account or with your access and use of the relevant Service, or portions or features of the Service;
4.3.2. this may result in the loss of your use of Services you have purchased, and any benefits, privileges, and earned or purchased Digital Content (including Virtual Items) associated with your Account or your access and use of the relevant Service; and/or
4.3.3. we shall be entitled to reallocate or offer for registration your user name or user tag.
4.4. Our rights under clause 4.2 shall be in addition to any other rights and remedies provided by law or under this Agreement. Termination of an Account or cancellation of a Service shall not affect the respective rights and liabilities of any party accrued prior to such termination or cancellation.
5. Intellectual Property and Ownership
5.1. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Refract terms and policies, Refract and its or its affiliates’ licensors, where applicable, grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to access and use the Services for your own personal, non-commercial use which shall include a right to:
5.1.1. take screenshots and/or make videos of the Services and/or Materials; and
5.1.2. upload and share such screenshots and/or videos on social media, video sharing and/or streaming sites and platforms,
subject always to your compliance with any terms and policies which we may introduce from time to time, including but not limited to any policies on brand and digital asset usage.
5.2. Notwithstanding clause 5.1, you shall be permitted to include third party advertisements in your videos and receive revenue from such advertising provided always that such advertisements do not contravene any of our terms and/or policies, including any such terms and/or policies that we may issue from time to time. Without prejudice to any other rights or remedies available to us under these Terms of Services or applicable law, we reserve the right to revoke, at our sole discretion, your right to take screenshots and/or make videos, or publish or share such screenshots and videos, including without limitation, where you are in breach of any provision of these Terms of Service.
5.3. All rights, title, and interest in and to the Services and Materials are owned by Refract and/or its or its affiliates’ licensors. Except as expressly stated herein, all other rights, title and interest in and to the Services and Materials are reserved by us, our licensors and/or our software suppliers. Save as expressly permitted herein, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, repost or in any way exploit any part of the Services for any purpose, without our prior written consent.
6. User Content
6.1. Our Services may permit you to store, post, submit, publish, display, or transmit (“Post” or “Posting”) User Content or receive User Content from other users. Except to the extent required by applicable law, we assume no responsibility for the conduct of any user submitting any User Content, and assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at your own risk. You bear all risks associated with the use of any User Content available in connection with the Service.
6.2. By Posting any User Content while using the Service, you represent, and warrant that such User Content is: (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions, or other third party rights, and that you have permission from any third-party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by us in accordance with our Privacy Policy.
6.3. We may, but shall not be obliged to, screen, monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. We reserve the right in our sole discretion to prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. We have the right, but not the obligation, in our sole discretion to edit or refuse to post any User Content.
6.4. The Services may include various forums, blogs, and chat features where you can Post User Content, including your observations and comments on designated topics. Other members may use the ideas and information that you Post. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not Post it on the Service. We shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to Post.
6.5. Where you Post any User Content, you hereby grant to us an irrevocable, perpetual, transferable, fully sublicensable, royalty-free, worldwide license (including the right to sublicense and assign to third-party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to us the right to sub-licence or authorise others to exercise any of the rights granted to us under these Terms of Service. You further hereby grant to us the unconditional, irrevocable right to use and exploit your name, likeness, and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Except as stated herein, we do not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. We have no obligation to monitor or enforce your intellectual property rights in or to your User Content.
7. User of the Services
7.1. You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. We reserve the right, but have no obligation, to become involved in any way with these disputes. You will fully cooperate with us to investigate any suspected unlawful, fraudulent, or improper activity.
7.2. If you have a dispute with one or more users, you agree to release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You further agree to indemnify and hold harmless, us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any such claims, demands, and damages.
7.3. In accessing and using the Services, you agree not to:
7.3.1. use the Services to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail, or repetitive or misleading messages to anyone;
7.3.2. engage in any act that is, or that we deem to be, illegal or in conflict with the spirit or intent of the Service or make improper use of the Services;
7.3.3. use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services, or any game experience;
7.3.4. modify or cause to be modified any files that are a part of the Services without our express written consent;
7.3.5. disrupt, interfere with or otherwise adversely affect the normal flow of the Services, overburden any computer or server used to offer or support the Service or any game environment, or otherwise act in a manner that may negatively affect other users’ experience when using the Services. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Services to gain an unfair edge over other players, and any other act that intentionally abuses or goes against the design of the Services;
7.3.6. use any robots, spiders, crawlers, or other data gathering, mining or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape, mine or aggregate the Materials or any portion of the Services;
7.3.7. institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
7.3.8. attempt to gain unauthorized access to the Services, Accounts registered or used by others, or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Refract, including but not limited to, circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services;
7.3.9. Post any information that is abusive, threatening, obscene, defamatory, libellous, racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behaviour, such as by repeatedly posting information on an unsolicited basis;
7.3.10. attempt to, or harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person, group, and/or our employees including our customer service representatives;
7.3.11. make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other rights of any person or entity or impersonates any other person, including without limitation a Refract employee.
7.3.12. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide or constituting the Services or to obtain any information from the Services using any method not expressly permitted by us;
7.3.13. solicit, or attempt to solicit Login Information or any other login credentials, Account information or personal information from other users of the Services;
7.3.14. collect or Post anyone’s private information, including personally identifiable information (whether in text, image, or video form), identification documents, or financial information through the Services; or
7.3.15. use the Services for gambling, betting, or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved. This prohibition shall not apply to activities organised by Refract or its representatives, or for which Refract has provided its prior approval in writing.
7.4. We reserve the right to determine at our sole discretion, what conduct we consider to be in violation or otherwise outside the intent or spirit of these Terms of Service or the Service itself.
8. Personal Data
8.1. We collect, use and disclose your Personal Data in accordance with our Privacy Notice (https://deepdivestudios.gg/privacy-policy/).
8.2. Where applicable, you acknowledge and consent to us collecting, using and disclosing your Personal Data for the provision of the Services to you and such purposes which are further described in our Privacy Notice.
9. Changes to the Services
9.1. You understand that our Services are constantly evolving. We may require that you accept updates to the Services. You may need also need to update any software provided by us or third-party software from time to time in order to receive the Services.
9.2. We may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the Materials and/or the Services and shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing the Services and/or the Materials or any part thereof. In such event, we shall not be required to provide refunds, benefits, or other compensation to users in connection with such upgraded, modified, altered, suspended or discontinued Services.
10. Links to Third Party Sites
10.1. Our Services may link to websites or services operated by third-parties. We shall not be responsible or have any liability for the operation or content of such third-party website or service, or to any changes or updates to such sites.
10.2. We make no warranties in relation to any third-party website or service and any use of such websites or services is solely at your own risk. Your use of third-party websites or services may be subject to agreements or terms with the third-party licensors. It is your responsibility to review and understand any third-party terms.
11. Payments and Purchases
11.1. The purchase of Products and Digital Content offered for sale through the Services, shall be subject to the terms of this section.
11.2. You may place orders through the relevant online shopping process applicable to the Products and/or Digital Content that you wish to purchase. Your order is an offer to buy. You are responsible for ensuring the accuracy of each order placed by you. Upon our receipt of your order, we will send to you an acknowledgement confirming our receipt of your order. This order acknowledgement is not an acceptance of your order by us. All orders placed by you are final and you may not cancel orders which you submit.
11.3. You must make payment in full before we accept your order. Orders for Products shall be considered accepted only where we notify you that the Product has been shipped. Orders for Digital Content shall be considered accepted once access to the content is made available on your Account for the relevant Service. Prior to acceptance of your order we reserve the right, at our sole discretion for any reason, to cancel your order and provide you with a refund if payment has been processed. We shall not be liable for any loss, liability or damage arising from any cancellation of an order.
11.4. All prices are in Singapore Dollars, or where applicable, the equivalent amounts in your local currency. You will be informed of any applicable shipping and handling charges during the relevant online shopping process, and such shipping and handling charges shall be in addition to the prices displayed for the Products. You are responsible for any sales tax or duty, customs charge, import duty and tax, chargeable on your order. We reserve the right to revise prices for our Products and/or Digital Content from time to time, without notice to you.
11.5. Any delivery time lines provided by us shall be for indicative purposes only. We will attempt to notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. If delivery or collection is delayed due to your unreasonable refusal to accept delivery or if you do not (within ten (10) business days of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, we may (without affecting any other right or remedy available to us), charge you for any fees or charges reasonably incurred by us and/or cancel the delivery and provide you with a refund (less any fees or charges incurred by us).
11.6. All risk in Products you order shall pass to you upon delivery, except that, where delivery is delayed due to your unreasonable refusal to accept delivery or failure to accept delivery or collect the Product from a carrier, risk shall pass at the date when delivery would have occurred but for your unreasonable refusal or failure. From the time when risk passes to you, we will not be liable for loss or destruction of the Products.
11.7. You must notify us within ten (10) business days of your acceptance of a delivery if you believe that you have received the wrong Products or if parts of your order are missing. Products received are non-refundable except in accordance with our return and refund policies. The return and refund policy applicable to Products purchased from AXISXR.gg may be accessed here (https://axisxr.gg/repair-return-policy/).
11.8. All purchases and redemptions of Digital Content (including Virtual Items) are final and non-refundable. No refunds will be provided for any reason, including for any unused Digital Content when an Account is closed, whether by you or us.
11.9. We provide a Limited Warranty for Products purchased from AXISXR.gg. Information on the Limited Warranty may be accessed here (https://axisxr.gg/warranty-policy/), and the Limited Warranty .
12. Subscriptions
12.1. We may offer Services and/or Digital Content, or parts thereof, on a subscription basis (“Subscription”), for recurring periods of time (“Subscription Periods”). Subscriptions may be purchased by paying the specified fee for the relevant Services and/or Digital Content. Subscriptions will be automatically renewed for further Subscription Periods upon the end of each period, unless you cancel your subscription by following the process on the support page relevant to the Subscription, or your Subscription is cancelled by us.
12.2. We will charge any fees applicable to your Subscription, to the payment method you select when your purchase your Subscription. All fees are in Singapore Dollars, or where applicable, the equivalent amounts in your local currency. You are responsible for any sales tax or duty, customs charge, import duty and tax, chargeable on your Subscriptions.
12.3. You shall keep your payment method updated. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Account or Subscription, we may suspend your Subscription for the Services and/or Digital Content until payment is successfully made, or cancel your Account or Subscription in accordance with clause 4.2.
12.4. Payments for Subscriptions are non-refundable. If your Subscription is cancelled, you will continue to receive access to the Services and/or Digital Content to which you have subscribed until the end of the relevant Subscription Period. No refunds or credits will be provided for unused Subscription periods and/or Digital Content.
12.5. We reserve the right to change Subscription plans and Subscription fees from time to time, and will notify you of changes to your Subscription.
13. Virtual Items
13.1. Digital Content which we offer for purchase may include points, coins, diamonds or other forms of in-game assets, by whatever name called, as meant to be used on or in conjunction with the Services (“Virtual Items”). We may from time to time provide Virtual Items to users without charge, including as awards for Competitions.
13.2. Where you purchase and/or receive Virtual Items, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to access and use the Virtual Items for your own personal, non-commercial use. Unless otherwise stated, Virtual Items are strictly intended for use within the specific Service and/or in-game environment for which the Virtual Item was developed. We may from time to time also permit Virtual Items to be exchanged and/or redeemed for physical prizes.
13.3. Virtual Items do not reflect any stored value, and you must not sell, purchase, trade, transfer, redeem or exchange Virtual Items for legal tender or any commodity with any other user or third-party. You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.
13.4. We may, in our sole discretion, manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. We shall have no liability to you or any third party in the event that we exercise any such rights.
13.5. If data relating to Virtual Items is stored locally on your device, we shall not be liable for any risk of loss once such Virtual Items are successfully credited to or redeemed by you. You are responsible for any risks associated with the loss or damage of your device in relation to stored data for Virtual Items.
14. Events, Competitions and Contests
14.1. We may from time to time organise competitions, contests and other events (collectively, “Competitions”). Your participation in such competitions, contests and events, shall be subject to these Terms of Service and we may, in our sole discretion, impose additional terms relating to each Competition (“Competition Terms”) including in relation to eligibility for participation and the award of prizes.
14.2. We may, in our sole discretion, impose a fee for participation in any Competition. All fees are in Singapore Dollars, or where applicable, the equivalent amounts in your local currency. You are responsible for any sales tax or duty, customs charge, import duty and tax, chargeable on any fee.
14.3. You are responsible for ensuring that you, and your team where applicable, meet any eligibility requirements and pay any participation fees imposed for participation in a Competition. You are responsible for all costs incurred in relation to your participation in a Competition. You agree not to use or provide any false, inaccurate or misleading information when signing up for a Competition.
14.4. Unless otherwise stated in the Competition Terms:
14.4.1. employees and contractors of Refract and our affiliates, and advertising, promotion and publicity agencies whom we engage, and the immediate family members of such persons, shall not be eligible to participate in Competitions; and
14.4.2. all participants must have valid Accounts for the duration of each Competition.
14.5. We reserve the right to cancel your Account if we determine, in our sole discretion, that you have breached any Competition Rules.
14.6. You shall be responsible for any tax, duty or charge applicable on prizes awarded to you.
14.7. We reserve the right to record Competitions, including all performances and proceedings relating to such Competitions, and such recordings may include videos, photos, and/or audio, of the Competition. You agree that all ownership and intellectual property rights relating to such recordings shall belong to us.
14.8. In the event that any disputes arise in relation to any individual’s eligibility for participation in a Competition, any results of a Competition or part thereof, or any issue arising from or in relation to Competition Terms, the decision of Refract shall be final.
15. Indemnity
15.1. You agree to indemnify, defend and hold Refract and its affiliates (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your access and use of the Services, or any breach by you of these Terms of Service.
16. Disclaimers
16.1. To the maximum extent permitted by applicable law, you agree that the Services are provided on an “As Is” and “As Available” basis for your use, without warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing or usage of trade. We do not warrant that you will be able to access or use the Services at the times or locations of your choosing, that the Services will be uninterrupted and/or error-free, that defects will be corrected, or that the Services are free of viruses, bugs, errors or other harmful software or content.
17. Exclusions and Limitation of Liability
17.1. To the maximum extent permitted by applicable law, we shall not be liable for any indirect, special, punitive, consequential, or incidental damages including but not limited to loss of revenue, lost profits, lost data, or business interruption, suffered by you or any third-party arising out of or relating to these Terms of Service whether based on contract, tort or any other legal theory, whether or not we have been advised of the possibility of such damages. To the extent permitted by law, in no event shall our aggregate liability exceed the amount paid by you for the Products and Services in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to us during such time period, your sole remedy and our exclusive liability for any dispute is to stop using the Service and to cancel your Account.
17.2. Nothing in this Agreement shall operate to exclude or limit either party’s liability for death or personal injury caused by its negligence, fraud, or any other liability which cannot be excluded or limited under applicable law.
18. Applicable Law and Dispute Resolution
18.1. This contract is governed by the laws of Singapore.
18.2. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
19. General Provisions
19.1. Severability: You and us agree that if any portion of these Terms of Service, or any additional terms and policies which we impose, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
19.2. Assignment: We may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service without our prior written consent, and any unauthorized assignment and delegation by you are ineffective.
19.3. Supplemental Policies: We may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
19.4. Entire Agreement: These Terms of Service, any additional terms and policies, and any documents expressly incorporated by reference herein (including our Privacy Policy), contain the entire understanding of you and us, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.
19.5. No Third-Party Rights. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any of its terms.
19.6. No Waiver
19.6.1. Our failure to require or enforce strict performance by you of any provision of these Terms of Service any additional terms, or failure to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.
19.6.2. The express waiver by us of any provision, condition, or requirement of these Terms of Service or our Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
19.6.3. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by us shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, and signed by you and a duly appointed officer of Refract.
19.7. Notices: We may provide any required notices to you via postings in our games, on our websites, via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service shall be in writing and addressed to [71 Ayer Rajah Crescent, #04-12/14, Singapore 139951], or by email to [contact@deepdivestudios.gg].
19.8. Equitable Remedies
19.8.1. You acknowledge that the rights granted and obligations made under these Terms of Service to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
19.8.2. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Clause 17 (if any).
19.9. Feedback: If you give to us any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback“), you grant to us, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose.
19.10. Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
20. Definitions
20.1. In these Terms of Service, the following words shall have the meanings ascribed below:
20.1.1. “Account” has the meaning given in clause 2.1.
20.1.2. “Digital Content” means content and data which is produced and supplied in digital form, including video files, audio files, applications, games and any other software.
20.1.3. “Competitions” has the meaning given in clause 14.1.
20.1.4. “Competition Terms” has the meaning given in clause 14.1.
20.1.5. “Feedback” has the meaning given in clause 19.9.
20.1.6. “Login Information” has the meaning given in clause 2.2.
20.1.7. “Materials” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Services, including any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a P99 and/or Deep dive studios game client.
20.1.8. “Post” has the meaning given in clause 6.1.
20.1.9. “Products” means any computer hardware, devices and any other hardware products, accessories or peripherals.
20.1.10. “Refract Company” means:
(a) Refract Technologies Pte Ltd in relation to the refract.gg and axis.gg websites, and the products sold via those websites;
(b) Deep Dive Studios in relation to the deepdivestudios.gg website and products and services offered through that website or under that brand; and
(c) Project 99 Pte. Ltd. in relation to the project99.gg website and products and services offered through that website or under that brand.
20.1.11. “Services” means any of the online services hosted or operated by Refract, including its websites, but excludes games published by Refract.
20.1.12. “User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Services or a game client which connects to or interacts with the Services, or that other users upload or transmit, including without limitation any chat text.
20.1.13. “Virtual Items” has the meaning given in clause 13.1.
