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Terms of Use 1. Terms of Agreement Ozura Pte. Ltd. is the platform provider for FunLogix. FunLogix offers to allow you to play its network mobile games conditioned on your agreement to all of the terms and conditions contained in this Agreement and your compliance with the posted Rules of Conduct. Your use of FunLogix games constitutes your agreement to all such terms and conditions and your agreement to comply with the Rules of Conduct. Before proceeding to register, please read the Terms of Service and check the "Agree" box if you accept the terms. If you have any questions regarding these terms and conditions or the Rules of Conduct, please contact a FunLogix customer service representative at the GM Mailing Service on the official website. 2. Definitions (A) "Intellectual Property" shall mean all patents, designs, utility models, copyrights, know-how, trade secrets, trademarks, service mark, trade dress and any other intellectual property rights in or related to the Game or Technical Information. (B) "Technical Information" shall mean the application, know-how, data, test result, layouts, artwork, processes, scripts, concepts and other technical information on or in relation to the Game and the installation, operation, maintenance, service and use thereof. (C) "End Users" shall mean the users of the Game through mobile network game service system established and operated with individually mobile phone numbers for each End User. 3. Amendments This User agreement (the "Agreement") comprises the entire agreement between FunLogix and the User, and supersedes any prior agreements between the User and FunLogix with respect to the subject matter hereof. This Agreement does not supersede any additional terms and conditions of which User is notified by FunLogix and/or which may apply when using third party content or services. FunLogix may amend or revise this Agreement at any time and at its sole discretion, and such amendment or revision shall be effective upon posting of such revised agreement on the FunLogix web site (the "Web Site"). User hereby agrees to review this Agreement by accessing the Web Site periodically to become aware of any such revisions. If any revision is unacceptable to the User, the User may terminate the Agreement hereof. Continued use of the Services following the posting of the revised Agreement shall be deemed to be acceptance of all such revisions. 4. Description of Service FunLogix offers various network games as Java network mobile game service accessible (the "Service") through the internet at "www.FunLogix" (the "Web Site") and SMS service with the shortcode 27111(the ??SMS??). The appropriate services provided by FunLogix will only be applicable to certified Malaysian citizen FunLogix reserves the right to change the URL address of the Web Site and shortcode of SMS at any time and from time to time. To use the Service, you will need to install game which FunLogix makes available from the Web Site (the "Game"). Anyone desiring to use the Service is required to establish an account with FunLogix (the "Account"). FunLogix does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Web Site located at FunLogix is an active part of the Service and any use of the website is governed by the same Terms of Agreement and Rules of Conduct. 5. User Registrations Obligations and Security In order to use the Service, you are required to complete a registration form containing your first and last name, nationality, address, e-mail address, a user name and a password. In consideration of the use of the Service, you agree to provide true, accurate, current and complete information about yourself as submitted in any registration form on the Service and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your User profile, as required. If any information provided is not true, accurate, current or complete, or FunLogix has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then FunLogix shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you. You acknowledge that FunLogix reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trade-mark or other proprietary interest, is obscene or profane or otherwise determined by FunLogix, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. You agree to keep your password confidential and to notify FunLogix if you believe that the security of your password has been compromised. You acknowledge that FunLogix does not protect you from the unauthorized use of your password. (a) Eligibility. Accounts are available only to individuals 13 years of age or older. If you are less than 13 years of age and wish to use the Service, your parent(s) or guardian(s) must complete the registration process, open an Account in their name(s) and accept full responsibility for all obligations under this Agreement. Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Members." By clicking the "Agree" button you represent that you are a 13 years of age or older. Only one person may use an Account. The registered user of an Account may use the Account or may choose instead to permit a minor child of the registered user to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account. (b) Account ID. At the time your Account is opened, you must submit your mobile phone number to identify yourself to FunLogix staff (your "Account ID"). FunLogix reserves the right to delete, or to change, any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID. (c) Account. By agreeing to the User Agreement you agree that you do not own the account you use to access the service, the characters FunLogix stores on FunLogix servers, the items stored on these servers, or any other data which the servers and accounts are comprised of. The account you create is needed to login to the service and the fee that you pay is to continue to access the service. (d) Identity Name. In order to use the service, you must choose a name to identify your identity to other Members (your "Identity Name"). You may not select as your Identity Name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of FunLogix, or which FunLogix deems at its sole discretion to be vulgar or otherwise offensive. FunLogix reserves the right to delete, or alter any vulgar or otherwise offensive Identity Name. (e) Passwords. At the time you registering, you will be granted a login password to open the account. You are advised to change your password immediately after your registration step is complete. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. FunLogix will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process. (f) Former Members. Members whose Accounts have been terminated by FunLogix may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of FunLogix. (g) Related Accounts. If FunLogix terminates an Account, FunLogix may terminate any other Accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account. (h) Prohibited for engage in commercial activities without enrolling in FunLogix -approved affiliate programs. This includes, but is not limited to, the following activities: Offering for sale any products or services; Soliciting for advertisers or sponsors; Conducting raffles or contests that require any type of entry fee; Displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services, with the sole exceptions of a FunLogix Banner Exchange program and the Internet Link Exchange; and Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites. 6. Charges for Service. (a) General Charges. Current fees for using the Service are published in the billing section of the Web Site. All fees are stated in Ringgit Malaysia (RM). FunLogix may change its fees and billing methods at any time effective thirty (30) days after notice of the changes are posted on the Web Site. All changes will be posted on the Web Site and you are responsible for reviewing the billing section of the Web Site to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use of the Membership by sending keyword ??OFF?? to 27111. Your continued use of the Service thirty (30) days after posting of the changes on the Web Site will mean you accept such change. YOUR MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. For further information on billing see the Web Site. If your use of the Service is subject to use or sales tax then FunLogix may also charge you for any such taxes, which will be in addition to the rates and charges published in the billing section of the Web Site. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. (b) Payment by Maybank to U. If you pay for the Service by Maybank 2 U, you represent to FunLogix that you are the authorized user of the banking service used to pay Service charges. Each month you use the Service, you agree and reaffirm that FunLogix is authorized to charge your banking account. You agree to promptly notify FunLogix of any changes to your bank account number, its expiration date and/or your billing address, and you agree to promptly notify FunLogix if your banking service expires or is cancelled for any reason. 7. Indemnification You agree to indemnify, defend and hold harmless FunLogix and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, Service Provider Customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your Content, your violation of the Terms of Agreement or your violation of any rights of another User. FunLogix reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations. 8. Termination Either you or FunLogix may terminate your Account at any time without further obligation to the other. Further, FunLogix reserves the right to terminate the Service at any time without further obligation to you. if the service or your account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will not be entitled to any refund or proration of any fees or unused access time; (2) you will lose any game points gained or identity created and you will not have the right to transfer, sell or assign any game points and identity to anyone else; (3) you may not access the service in any manner or for any reason, including via any other account. in the event that an account is terminated, FunLogix may terminate any and all other accounts that share the member name, phone number, email address, internet protocol address or banking service with the terminated account; (4) we may terminate this Agreement (including your game license and your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of FunLogix as described in the Rules of Conduct. If we terminate this Agreement under any circumstances, you will lose access to your Account for the balance of any prepaid period without any refund. 9. Parental Guidance Parents may find it inappropriate for use by persons under the age of 13. While FunLogix may choose to monitor and take action upon inappropriate game play or links to the Service, it is possible that at any time there may be some materials accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. FunLogix cannot ensure that other players will not provide Content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. FunLogix does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player. 10. Intellectual Property FunLogix, including, without limitation, all communication features of FunLogix contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of FunLogix and each area contained therein are copyrighted as a collective work under the Malaysia copyright laws. FunLogix owns a copyright in the selection, coordination, arrangement and enhancement of such content. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on FunLogix (including, without limitation, content that the Website enables you to download) without the express written permission of FunLogix and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from FunLogix is allowed by the user expressly for the user's own use. User acknowledges that FunLogix and/or third-party content providers remain the owners of all materials posted on FunLogix, and that the user does not acquire any of those ownership rights by downloading copyrighted materials. 11. Limitation of Liability USER ACKNOWLEDGES THAT FunLogix SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY FunLogix OR ITS CONTENT PROVIDERS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE SERVICES. FunLogix SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY FunLogix. FunLogix'S ENTIRE LIABILITY AND USER'S EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICES AND ALL CONTENTS & SOFTWARE DEVELOPED BY OR FOR FunLogix SERVICES WHICH IS FOUND TO BE DEFECTIVE USING MEDIA CHOSEN BY FunLogix SERVICES SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY USER FOR THE DEFECTIVE SERVICE LESS AN AMOUNT EQUAL TO THE VALUE OF THE SERVICE FOR THE TIME THAT IT OPERATED PROPERLY. FunLogix'S LIABILITY TO USER FOR ANY AND ALL BREACHES OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY USER TO ACCESS AND USE THE SERVICES. You agree that FunLogix cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the games?? service. 12. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. FunLogix AND ALL SERVICE PROVIDER CUSTOMERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS. FunLogix AND ALL SERVICE PROVIDER CUSTOMERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. FunLogix AND ALL SERVICE PROVIDER CUSTOMERS DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. FunLogix MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FunLogix OR ANY SERVICE PROVIDER CUSTOMER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF AGREEMENT. 13. Unacceptable Conduct (a) User may not engage in any conduct or communication while using the Services which is unlawful or which restricts or inhibits any other User from using or enjoying the Services. User agrees to use the Services only for lawful purposes. FunLogix reserves the right to terminate the User's membership if it determines, in its sole discretion, that the User has engaged in unacceptable conduct. The list of prohibited conduct set forth in Subsection (b) below provides examples of unacceptable conduct, which list is not exhaustive, and FunLogix reserves the right, but not the responsibility, to restrict conduct which FunLogix deems, in its sole discretion, to be harmful to individual users, damaging to the Services, or in violation of FunLogix's or any third party's rights. FunLogix may prohibit or delete conduct, communication or content transmitted on FunLogix services that are deemed to be in violation of applicable laws or is harmful to other users, the FunLogix service community or the rights of FunLogix in general. User acknowledges, however, that communication over the Services often occurs in real-time and FunLogix cannot, and does not intend to, screen communication in advance. YOU MAY NOT USE THE SERVICES TO: A) Harass, threaten or embarrass another User of the Services or to cause distress, unwanted attention or discomfort of such User, or any other person or entity. FunLogix does not condone harassment in any form and may suspend or terminate the account of any User who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited. B) Post or transmit sexually explicit images, or point or reference to such images. FunLogix prohibits the transfer or posting of sexually explicit images or other content deemed offensive. C) Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If User engages in vulgar or abusive language online, even if masked by symbols or other characters, or engages in other impermissible behavior, the User may receive a warning, or be temporarily or permanently excluded from one or more games, bulletin boards, chat areas, or the User's membership may be terminated immediately and the User may be subject to civil liability and/or prosecution by law enforcement authorities. E) Impersonate any person, including, but not limited to, FunLogix's employees, monitors or hosts. User shall not hold himself or herself out or portray himself or herself as a FunLogix staff user or employee while engaging in all forms of online communication, including, but not limited to, user names, user profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of FunLogix staff shall be grounds for immediate account termination. F) Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements. G) Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter. H) Posting or transmitting unsolicited advertising, promotional materials, or other forms of solicitation. FunLogix services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other users. User may not use FunLogix services to collect or "harvest" user names without the express permission of those users. FunLogix reserves the right to block and/or filter mass email solicitations on or through the service. I) Violate any operating rule, policy or guideline of any other online service. User further agrees to abide by the rules of the User's Internet service provider and mobile service provider. J) Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation. K) Modify any files that FunLogix does not specifically authorize User to modify. Use of material, which is subject to the rights of any person or entity without the express permission of such rights holder, is prohibited, and will result in the termination of the User's membership and possible civil and/or criminal liability. 14. Interruption of Service A) FunLogix reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. B) You acknowledge that the Service may be interrupted for reasons beyond the control of FunLogix, and FunLogix cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. FunLogix shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control. 15. General The failure of FunLogix or the Service Provider Customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these Terms of Agreement. If any provision of the Terms of Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision and the other provisions of the Terms of Agreement shall continue to be binding on and remain in full force and effect. The Terms of Agreement, together with any separate written or online agreement between you, FunLogix and/or the Service Provider Customer (including but not limited to the Mature Content Agreement if applicable to you) constitute the entire and only agreement, and supersedes any prior agreements between you, FunLogix and/or the Service Provider Customer, (including, but not limited to all prior versions of the User Agreement, General Terms of Use, and Terms of Agreement, where applicable). The Terms of Agreement and the relationship between you, FunLogix and/or the Service Provider Customer shall be governed by and construed in accordance with the laws of Malaysia, and such parties agree to submit to the jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Service or to the Terms of Agreement must be commenced within 1 year after such claim or cause of action arose or be forever barred. Section titles in the Terms of Agreement are for convenience only and have no legal or contractual effect or significance. It is the express wish of the parties that the Terms of Agreement and all related documents have been drawn up in English. 16. Notice Notices may be sent to you or you may send notices to FunLogix via either e-mail or regular mail. The Service may also provide notification of any changes to the Terms of Agreement or other matters pertaining to the Service by displaying notices or links to notices generally on the Service. 17. Violations Please report any violations of the Terms of Agreement to our compliance department using email inquiry section on the official website. I have read and understand the foregoing Terms of Agreement and agree to be bound by all of its terms.