MPLAY USAGE: GENERAL TERMS

1. INTRODUCTION
1.1 Applicability . These general terms and conditions of use ("General Terms") apply to:
1.1.1 the use of this platform ("Site"), which is owned and/or operated by mm2 Entertainment Pte Ltd ("mm2") and/or its related companies (collectively, "mm2 Entertainment"; for the avoidance of doubt, a reference to mm2 Entertainment includes a reference to any one company in the mm2 Entertainment Pte Ltd group of companies);
1.1.2 any specific goods or services offered, supplied, produced, provided and/or delivered by the mm2 Entertainment (collectively, the "Services"), whether via this Site or any other sites that are owned and/or operated by the mm2 Entertainment; and
1.1.3 any goods and/or services offered made available by applications made and/or offered by the mm2 Entertainment, that you may download and install, or that may come pre-installed, on supported operating systems and/or devices (collectively, "Apps").
1.1.4 In addition, the use of any Site, Service or App may be governed by additional, specific terms and conditions ("Specific Terms") which will impose additional terms and conditions specific to the relevant Site, Services and/or Apps, and which will be deemed incorporated into these General Terms (collectively, the "Agreement"). In the event of any conflict or inconsistency between any of the provisions in these General Terms and any Specific Terms, the applicable Specific Terms shall prevail.
1.2 mPlay Accounts. You have the option to sign up to be a registered user of mPlay Site, Services, and App ("mPlay Account"), using the application forms or social media sign on functionality made available on the Site, Services, and/or Apps. Some portions of the Site, Services, and/or Apps are only available to parties who have a mPlay Account. Your mPlay Account will enable access and use, and be enabled for use, on other Services and Apps. In particular, your mPlay Account:
1.2.1 enrols you, and allows you, to participate in mPlay's rewards programme, where supported.
1.2.2 By accessing or using the Site, Services, and/or Apps, you agree to be bound by these General Terms and applicable Specific Terms, as well as any other policies, rules and regulations that may be imposed and/or required by mm2 from time to time.
1.3 Amendments. These General Terms may be amended by mm2 from time to time. Such amendments may be posted on the Site or on any of the other sites and/or Apps owned and/or operated by the mm2 Entertainment. You are responsible for being aware of such changes, and your continued use of the Site, Services and/or Apps shall be deemed and construed as your conclusive and binding acceptance of the amended terms.
2. ELIGIBILITY
2.1 Territory. Certain Content may only be made available in Singapore, Malaysia, Hong Kong or Taiwan. Otherwise, the Content may be accessed by you in any part of the world, provided that it is legal for you to do so in the territory that you are accessing the Content, from. You undertake and warrant that you are legally entitled and able to use the Site, Services, and/or Apps to access said Content.
2.2 Eligibility of mm2 employees. Employees of mm2 and its affiliates, contractors, vendors, sponsors and advertisers, and each of their immediate family members and individuals living in the same households of each of these individuals, are eligible to use the Site, Services, and/or Apps. However, these individuals may not participate in any lucky draws and/or contests offered through the Site, Services, and/or Apps.
2.3 Age. Use of any Site, Services and/or Apps may be subject to specific age restrictions. Unless otherwise stated, if you are under the age of eighteen (18) years old, you must obtain the permission and consent of your parent or legal guardian and agree to these General Terms and any applicable Specific Terms to use the Site, Services and/or Apps, or to register an mPlay Account
2.4 mm2 reserves the right, in its sole discretion, to determine whether any particular individual is eligible to use the Site, Services, and/or Apps, and to accept and/or reject any application for membership or mPlay Account.
3. USER ACCOUNT
3.1 In respect of your mPlay Account:
3.1.1. you warrant that all information provided by you, including all information provided in the application form(s) is true, correct and complete;
3.1.2. you warrant that you have the capacity and power to enter into this Agreement and use the services provided on the Site and/or Services; and
3.1.3. shall keep all the information that you have provided updated, accurate and complete.
3.1.4. You must keep the mPlay Account and information related to your mPlay Account (such as your login identification, password, security question, and/or any pin numbers) confidential, safe and secure. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify mm2 of any security breach of your account. mm2 shall not be responsible for any losses arising out of the unauthorised use of your account at any time. In particular, you must not:
3.1.4.1 disclose your mPlay Account identification or password to any other party; or
3.1.4.2 allow any other party to use or share your mPlay Account.
3.2 Mm2 may decline and refuse registrations at its sole discretion and for any reason without the need to give any reason to you or any third party
3.3 Other users will be similarly responsible for all use of their respective mPlay Accounts. Without affecting any limitation or exclusion of liability elsewhere in this Agreement, mm2 will not be responsible or liable, directly or indirectly, for any damage, injury or loss sustained by you or any other party whatsoever and howsoever caused by or in connection with any use made by other users of their respective registered accounts.
4. GRANT
4.1 Subject to these General Terms and any Specific Terms, Mm2 grants you a non-exclusive, non-transferable, revocable right to use the Site, Services and Apps for your personal and non-commercial use only
5. CONTENT AND INTELLECTUAL PROPERTY
5.1. Mm2 Content All of the:
5.1.1. content (including without limitation all text, photographs, graphics, video and audio content) located on the Site, Services, and/or Apps);
5.1.2. compilation(s) (meaning the collection, arrangement and assembly) of all content on the Site, Services and/or Apps; and
5.1.3. software used on the Site, Services and/or Apps;
are the properties of mm2, its related companies, its content suppliers and/or its software suppliers, and protected by international intellectual property laws (including without limitation copyright and trademark laws).
5.2 All rights in and to the foregoing are reserved by mm2, its related companies, its content suppliers and/or its software suppliers, and 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 this Site, Services and/or Apps for any purpose.
5.3 Without limiting the foregoing provisions, you shall not make use of the content of the Site, Services and/or Apps in any manner that constitutes an infringement of mm2’s, its related companies’, its content suppliers’, and/or its software suppliers’, rights (including copyright).
5.4 Trademarks The names, trademarks, service marks and logos (the "Trademarks") displayed on the Site, Services and/or Apps are Trademarks of mm2, its related companies, its content suppliers, and/or its software suppliers. Nothing on the Site, Services or the Apps should be construed as granting by implication, estoppel or otherwise, any licence or right to use any such Trademarks. mm2 prohibits use of the Trademarks to any Site or other site unless establishment of such a link is approved in advance by mm2 in writing
5.5 User Submitted Content. Mm2 or the relevant Mm2 Entertainment company may provide facilities on the Site, Services and/or Apps to permit you to submit materials, information, articles, photographs, text, graphics, video and/or audio content ("Your Information") to mm2 or to the Site and/or Services directly. You are solely responsible for Your Information, and mm2 and/or the relevant mm2 Entertainment company acts as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
5.5.1. Your Information (or any materials contained therein) shall not:
5.5.1.1. be false, fraudulent, inaccurate or misleading;
5.5.1.2. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
5.5.1.3. violate any law, statute, ordinance or regulation (including without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
5.5.1.4. be defamatory, libellous, offensive and unlawful;
5.5.1.5. be obscene or contain child pornography or anything adult in nature or harmful to minors;
5.5.1.6. contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
5.5.1.7. create liability for mm2 Entertainment to lose (in whole or in part) the services of its ISPs or other suppliers.
5.5.2. You may not submit any of Your Information if Your Information or the submission thereof could cause any company in the mm2 Entertainment to violate any applicable law, statute, ordinance or regulation.
5.5.3. You hereby grant the mm2 Entertainment a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to use and to exercise the copyright and publicity rights you have in Your Information, in any
5.5.4. You shall not assume a false identity or the identity of some other member when using the Site or transmit libellous, harassing, vulgar or otherwise objectionable messages through the Site; or post materials subject to copyright or other intellectual property rights claimed by any third party; or use the Site for any unlawful or illegal activities.
5.6. Feedback. Your Information may contain information that can, directly or indirectly, be used to improve the whole or part of any Site, Services, and/or Apps ("Feedback"). Feedback may include suggestions, comments, ideas, or survey responses. mm2 Entertainment shall be free to use, disclose, reproduce, or otherwise exploit all Feedback as it sees fit and without obligation or restriction of any kind to you. For the avoidance of doubt, you will not, through your provision of Feedback, acquire any rights or licenses in the Site, Services, and/or Apps.
5.7. Removal of Your Information. mm2 Entertainment shall have the right, but not the obligation, to monitor the content on the Site and/or Services, and shall have the right to remove or delete any material (including Your Information) that it, in its sole discretion, finds to be in violation of any applicable laws, codes, rules or regulations. mm2 Entertainment shall have the right to remove any material (including Your information) submitted to or posted on the Site and/or Services. Without limitation to the foregoing, The mm2 Entertainment shall have the right to remove any material (including Your Information) that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or inappropriate without having to assign any reason therefor.
5.8. Participation. You agree and acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities, including but not limited to third party sites, applications and/or facilities which may be linked to the Site, Services and/or Apps (collectively "Communities") are public and not private communications, and that, therefore, others may read your communications without your knowledge. mm2 Entertainment does not control nor endorse the content, messages or information found in any Community, and, therefore, it specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content. Generally, any communication which you or any other person posts to the Site, Services or Apps (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by the mm2 Entertainment as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, Services and/or Apps, you grant the mm2 Entertainment the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
5.9. Linked Content. The Site and/or Services may provide you with opportunities to link to, or otherwise use, sites and services offered through or by third-parties. Your use of these third-party services is subject to terms posted by the aforementioned third-parties. The mm2 Entertainment has no control over any third-party site or service and it is not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to you. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement of such third-party site or service.
6. USAGE RESTRICTIONS
6.1. Without prejudice to any restrictions set out elsewhere in the General Terms, the following restrictions shall apply to your use of the Site, Services, or Apps. You MUST NOT:
6.1.1. display, print, save, cache, copy, reproduce, change, alter, modify, or create any derivative work of, any or any part of the Site, Services, Apps, or any mPlay Account(s);
6.1.2. communicate, distribute or make available for download in any way, any Content or any part of the Site, Services, Apps, or any mPlay Account(s);
6.1.3. offer, sub-sell, lend, rent, lease, sub-license, or otherwise grant to any third party any right in respect of, or exploit in any way for personal or other gain, any Content or any part of the Site, Services, Apps, or any mPlay Account(s);
6.1.4. hack, bypass or gain unauthorised access into any part of the Site, Services, Apps, or any mPlay Account(s);
6.2. deeplink from any other website to, or frame on any other website, any or any part of the Site, Services, Apps, or any mPlay Account(s);
6.3. use any device, software or routine to interfere or attempt to interfere with the proper working of; or interfere with any other user’s access or use of any part of; the Site, Services, Apps, or any mPlay Account(s); or impose any unreasonable or disproportionately large load on mm2’s and/or its service provider’s infrastructure;
6.4. use any robot, spider, other automatic device, or manual process to monitor or copy any or any part of the Site, Services, Apps, or any mPlay Account(s);
6.5. use any or any part of the Site, Services, Apps, or any mPlay Account(s) for sending out unsolicited emails;
6.6. assume a false identity or the identity of some other registered user to access or use any or any part of the Site, Services, Apps, or any mPlay Account(s); or
6.7. use any or any part of the Site, Services, Apps, or any mPlay Account(s) in any way that
6.7.1. will or could violate, or that will or could result in mm2 Entertainment violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, antidiscrimination and false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority;
6.7.2. cause any form of loss or damage to mm2 Entertainment or any third party (including, without limitation, loss of reputation and goodwill);
6.7.3. create any liability for mm2 Entertainment; or
6.7.4. cause mm2 Entertainment to lose (in whole or in part) the services of any Internet or telecommunication service provider or any other supplier of products and/or services.
7. DISCLAIMERS
7.1. No warranty. The Site, Services and/or App are provided on an "AS-IS WHERE-IS" basis. mm2 Entertainment does not make any representation or warranty, express or implied (to the extent permitted by law):
7.1.1. as to the use, security, accuracy, reliability, non-infringement, satisfactory quality or fitness for any particular purpose of the Site, Services and/or App; and
7.1.2. that the use of the Site, Services and/or App will be uninterrupted and free of any viruses or bugs.
7.2. Advertising and related services. Where you subscribe for any services through the Site, Services and/or App, that relates to any advertisement or other similar services, whether as a potential seller or a potential buyer, you hereby expressly acknowledge and agree that the Site, Services and/or App acts as a venue only, and no mm2 Entertainment is involved or responsible for the correctness, accurateness or truthfulness of any information that is posted by other users of the Site, Services and/or App; or the posting, provision, delivery of such information to you.
7.3. Access. mm2 Entertainment shall not be responsible for any connection or access to the Site, Services, and/or Apps by you. You are responsible for providing your own communications equipment and subscribing to a communications service provider to access the Site, Services and/or Apps, as well as any charges (such as Internet access charges) thereon.
7.4. Security. Certain data transmissions between your device and the Site, Services and/or App, are conducted through secure servers and protected by Secure Socket Layer (SSL) technology. Certain services further require you to register, use passwords and/or digital signatures. While the mm2 Entertainment will use reasonable endeavours to provide reasonable precautions to protect any information or material that is confidential in nature, it does not guarantee that information transmitted through the internet is secure or that such transmissions will be free from delay, interruption, interception or error. Furthermore, although mm2 Entertainment intends to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to the Site, Services and/or App, mm2 does not guarantee or warrant that any Site, Services, App, or materials that may be downloaded from the Site, Services and/or App do not contain such destructive features. No mm2 Entertainment company shall be liable for any damages or harm attributable to such features.
7.5. Third party conduct. You specifically acknowledge that mm2 Entertainment 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.
7.6. LIMITATION OF LIABILITY. IN NO EVENT SHALL MM2, ITS SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED COMPANIES, INCLUDING THE EMPLOYEES OF ALL OF THE FOREGOING, BE LIABLE TO YOU AND/OR TO ANY PARTY FOR ANY DAMAGES, EXPENSES, CLAIMS, COSTS OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, (OTHER THAN FOR DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM YOUR USE OF THE SITE, SERVICES AND/OR APP, CAUSED IN WHOLE BY MM2’S NEGLIGENCE) ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE), YOUR USE OF OR INABILITY TO ACCESS OR USE THE SITE, SERVICES, APPS, USER ACCOUNT(S), PAID CONTENT, AND/OR THE CONTENT OF THE HYPERLINKS, INCLUDING BUT WITHOUT LIMITATIONS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. ANY CLAIM AGAINST MM2, ITS SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED COMPANIES, INCLUDING THE EMPLOYEES FO ALL OF THE FOREGOING, SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITE, SERVICES, AND/OR APP
8. PERSONAL DATA
8.1. Your personal data will be collected, used, disclosed and/or processed by the mm2 Entertainment for the following purposes:
8.1.1. for mm2 Entertainment or its designated representatives or business partners to provide goods and services to you or parties designated by you and matters ancillary thereto;
8.1.2. for verification and record of your personal particulars including comparing it with information from other sources and using the information to communicate with you;
8.1.3. for research and analysis, including surveys and polls;
8.1.4. for mm2 Entertainment or its designated representatives to conduct market research and analysis, and offer surveys to you, in relation to the Site, Services, and/or Apps;
8.1.5. to send you notices, information, promotions and updates including marketing and advertising materials in relation to mm2 Entertainment’s goods and services and those of third party organizations selected by mm2 Entertainment; and
8.1.6. to comply with any request from any third party or any order of court or directive from authorities investigating any alleged offence or misconduct or for the purposes of taking legal action against any you.
8.1.7. By using the Site and/or the Services and/or agreeing to these General Terms of Service, you:
8.1.7.1. consent to mm2 Entertainment collecting, using, disclosing and/or processing your personal data for the purposes as described above; and/or
8.1.7.2. consent to mm2 Entertainment transferring your personal data out of Singapore to any of mm2 Entertainment’s third party service providers or agents for the purposes as described above.
8.1.7.3. If you have any questions relating to the mm2 Entertainment’s collection, use and disclosure of your personal data, please contact mm2’s Data Protection Officer at enquirysg@mm2entertainment.com
9. SUSPENSION AND TERMINATION
9.1. mm2 Entertainment may suspend and/or terminate your use of and/or access to all or part of any Site, Services, Apps, or mPlay Account, with or without notice to you, if in its sole discretion it determines that:
9.1.1. you have breached the terms of these General Terms, or violated or acted inconsistently with the letter or spirit of these General Terms;
9.1.2. you have violated the rights of or any third party;
9.1.3. it reasonably suspects that you are using and/or allowing the Site, Services, Apps, and/or mPlay Account(s) to be used for illegal, improper and/or fraudulent purposes. In such event, you will also be referred to the relevant authorities without notice, and mm2 will comply with the directions or guidelines issued by these authorities without further reference to you;
9.1.4. you pass away; or
9.1.5. for any other reason whatsoever.
9.2. mm2 Entertainment may modify or discontinue the Site, Services, or Apps, with or without notice to you, and it will not be liable to you or any third party as a result of such modification or discontinuation.
10. INDEMNITIES
10.1. You agree to defend and hold mm2, its affiliates and related companies from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of your use of the Site and/or Services or any breach of this Agreement. In addition, mm2 may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of the Site and/or Services, including informing any third party mm2 deems appropriate of such breach or use and/or disclosing your personal information to such third party.
11. GENERAL
11.1. Severability. If any of these terms is held to be invalid or unenforceable, such term shall be struck out and the remaining terms shall be enforced. Any failure to act by mm2 Entertainment with respect to any breach by you or others of any of the provisions of these General Terms of Service does not waive its right to act with respect to subsequent or similar breaches.
11.2. Electronic transactions. You hereby acknowledge and agree:
11.2.1. that all electronic communications made pursuant to the use of this Site, or any Service and/or App, shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;
11.2.2. not to contest the legally binding nature, validity or enforceability of any transaction on the Site, or any Service and/or App on the ground that it was entered into electronically;
11.2.3. to expressly waive any and all rights it may have to assert any such claims and shall comply with all relevant laws concerning electronic communications.
11.3. Governing laws and dispute resolution. These General Terms and Conditions shall be governed by the laws of the Republic of Singapore. Any dispute arising out of the use of the Site or any Services shall be referred to arbitration in Singapore 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 into these terms and conditions.