Introduction
Welcome to EM88 under these Website Standard Terms and Conditions written on this website shall manage your use of our website, accessible at “em88.app” . The term “website” would referring to “em88.app” and “you” , “your” , “user” will be referring as the user who uses this “website”.
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
Minors or people below 18 years old are not allowed to use this Website due to mature content.
Intellectual Property Rights
Other than the content you own as in business branding or any media assets, under these Terms, EM88 own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing or promoting the material contained on this Website as longest are credited properly.
Restrictions
You are specifically restricted from all of the following:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website’s (content or reputation)
- using this Website in any way that impacts user access to this Website
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing (unless permitted with written permission).
Certain areas of this Website are restricted from being access by you and EM88 may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have created for this Website are confidential and you must maintain confidentiality as well.
Privacy
Account and/or your use of the Services . By using the Services or providing information on the EM88’s website, you:
(i) Consent to EM88’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy
(ii) Agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and EM88 and
(iii) Shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without EM88’s prior written consent.
(iv) Users in possession of another User’s personal data through the use of the EM88’s Services hereby agree that, they will (a) comply with all applicable personal data protection laws with respect to any such data; (b) allow the User whose personal data the Receiving Party has collected to remove his or her data so collected from the Receiving Party’s database; and (c) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (b) and (c) above, in compliance with and where required by applicable laws.
Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant EM88 a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. EM88 reserves the right to remove any of Your Content from this Website at any time without notice.
Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that EM88, in its sole discretion, finds offensive or inappropriate, EM88 has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. EM88 has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
(i) You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify EM88 of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. EM88 will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
(ii) You agree that EM88 may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds (if applicable), and/or take any other actions that EM88 deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Site), or (h) behaviour that is harmful to other Users, third parties, or the business interests of EM88. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, EM88 may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify EM88 in writing (including via email at support) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any (if applicable) incomplete transaction , shipment of the product, payment for the product, or the like, and Users must contact EM88 after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. EM88 shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by EM88.
No warranties
This Website is provided “as is,” with all faults, and EM88 express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
In no event shall EM88, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. EM88, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification
You hereby indemnify to the fullest extent EM88 from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
EM88 is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Assignment
EM88 is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms constitute the entire agreement between EM88 and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Country, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Country for the resolution of any disputes.