CatchYoo+ Terms and Conditions
Please read these Terms of Conditions (the “Terms”) carefully. These Terms apply to your download, access and/or use of CatchYoo+ on a mobile device, or any other device or platform (each a “Game” and together the “Games”). These Terms also apply to any other services that we may provide in relation to the Games, such as customer support, social media, community channels and other websites that we may operate from time to time (we refer to all our Games and other services collectively as the “Services” in these Terms). These Terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.
1. Acceptance of Terms and Conditions
1.1 These Terms represent a legal agreement between you and Otterpaw Studio Pte. Ltd, a Singaporean company with registered office address at 51 Bras Basah Road, #04-08 Lazada One, Singapore 189554. The parties intend that the Terms of this agreement inure to the benefit of Otterpaw Studio’s Affiliates (as defined to mean any entity controlling, controlled by or under common control with Otterpaw Studio, where ‘control’ means the direct or indirect ownership of more than fifty per cent (50%) of such entity’s capital or equivalent voting rights).
1.2 These Terms are made available via the app store or platform that you download our Games from (such as the Apple App Store for iOS Mobile App, or Google Play Store for Android user), or platform where you can play our Games/use our Services. You can access the latest version of these Terms at any time at our Terms and Conditions website.
1.3 If you do not agree to these Terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. We reserve the right to update, amend or change these Terms from time to time without notice to you, and you are responsible for periodically viewing the Terms. Your continued use of the Services after a change, amendment or update has been made will constitute your acceptance to the revised Terms. If we require that any future update to these Terms requires any action from you in order to accept the updated Terms, then you may not be able to continue to use the Services until you have taken such action.
1.4 By clicking “Accept” on the Game’s pop-up screen, or installation page (or where such button or a similar button is otherwise presented) or downloading, installing, accessing or using the Services, you confirm that:
1.3.1 you have read and understood these Terms and any other documents referred to herein, including without limitation our Privacy Policy and the End User License Agreement (EULA), and that you agree to be bound by these Terms;
1.3.2 you consent to allow your personal data being collected, processed and used by Otterpaw Studio in accordance with the Privacy Policy; and
1.3.3 you are at least 13 years old (or an adult of legal age or majority in your country or state of residence), or else you must not use our Services. If you are the adult parent or guardian of a minor aged younger than 13 years old (depending on the applicable laws of your country), you are agreeing to these Terms on your behalf and on behalf of your minor(s) who you have authorised to use the Service pursuant to these Terms. If you are below 13 years old: You must obtain consent from your adult parent(s) or legal guardian(s), their acceptance of these Terms and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services; and (iii) your acceptance and compliance with these Terms. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing our Services.
1.5 In these Terms references to “Otterpaw Studio”, “we”, “us” and “our” are references to Otterpaw Studio Pte. Ltd as well as Otterpaw Studio Pte. Ltd.’s Affiliates where appropriate.
2. About accessing and using our Services
2.1. The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these Terms and you agree that you will comply with them in respect of each individual Game which you choose to access and/or play.
2.2. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
2.3. There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. See paragraph 8 below for more information.
2.4. Otterpaw Studio will not be responsible for any deficiencies, non-performance, errors, interruptions, or delays in carrying out its obligations in the Services or for any inaccuracies, unreliability, or non-compliance with these Terms either in part or in whole, directly or indirectly to a condition or failure beyond Otterpaw Studio’s control. This includes any technical or operational downtime and lack of availability during which the use of the Services or the Games and other services are interrupted or affected due to urgent technical reasons or required maintenance work.
3. Accounts
3.1 When using our Services, you may choose to, and in some instances, you will be required to, create an account with us (“Account”). If you do create an Account with us, you agree that you will take all steps necessary to protect your log in details and keep them secret. If you do not create an Account, your game play and any Virtual Content (see paragraph 4 below) purchased or earned will not be accessible from any other device, and will not be restored to a different device if you lose, damage or change your device.
3.2 You agree that you will not give your login details to anyone else or allow anyone else to use your login details or Account.
3.3 In these Terms, references to “login details” or “Account” include your login details and account for any social network or platform that you may allow our Services to interact with.
3.4 We will be entitled to assume that anyone logging into your Account using your login details is you and not anybody else. If you fail to keep your login details secret, or if you share your login details or Account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases) and agree to fully compensate us for any losses or harm that may result.
3.5 We will not be responsible to you for any loss that you suffer as a result of any other person accessing your Account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
3.6 You understand that if you delete your Account, or if we delete your Account in accordance with these Terms, you may lose access to any data previously associated with your Account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Content (see paragraph 4 below) associated with your Account). We have no obligation to reinstate your Account or be liable for any loss of data if you delete your Account, or if we delete your Account in accordance with these Terms.
3.7 YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY ACCOUNT AT ANY TIME FOR ANY REASON (SUCH AS IF WE ARE REQUIRED TO DO SO BY LAW, LEGAL PROCESS OR REASONABLE REQUEST FROM LAW ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL OFFICIALS, IT IS NECESSARY TO PROTECT THE VITAL INTERESTS OF US AND ANY OF ITS USERS FOR EXAMPLE TO PREVENT DEATH, BODILY HARM, OR SERIOUS DAMAGE TO PROPERTY, PUBLIC SECURITY AND PUBLIC INTERESTS, CEASING A GAME FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE GAME OVERTIME) OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
3.8 Your Account is personal to you and you are not entitled to transfer your Account to any other person.
4. Virtual Content
4.1 Our Games may include virtual units of value such as coins, gold bars, gems or any such similar items (“Virtual Assets”), items or services for use within our Games (“Virtual Tools”) or paid subscriptions for Virtual Assets, Virtual Tools or other in-game features (“Subscriptions”). Virtual Assets, Virtual Tools and Subscriptions shall together be referred to in these Terms as “Virtual Content”. To benefit from or use some Virtual Content in our Games, you may first have to reach a certain level or progress to a certain point. To the fullest extent permitted under applicable law, you agree that (once purchased) Virtual Content has no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Content is not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Content to anyone else. For the purposes of this paragraph 4, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Content is successfully credited to your account on our servers.
4.2 You do not own Virtual Content but instead you purchase a limited personal revocable licence to use them. To the fullest extent permitted under applicable law, any inclusion or balance of Virtual Content does not reflect any stored value.
4.3 Prices for all Virtual Content exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the fullest extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law.
4.4 You agree that all sales by us to you of Virtual Content are final, that we will not refund any transaction once it has been made.
4.5 If you do not connect your Game on a device to an Account, we will not be able to restore any Virtual Content, or other data associated with your Game to a different device if you lose, damage or change that device. Accordingly, on a device which is not connected to your Account:
4.5.1 any risk of loss of Virtual Content which you purchase from us is transferred to you upon completion of the purchase as described in paragraph 4.1 above;
4.5.2 any risk of loss of Virtual Content that you receive from us without making a purchase is transferred to you at the time the Virtual Content is successfully credited to your account on our servers; and
4.5.3 any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such Game play data is generated.
4.6 The data associated with Virtual Content (whether purchased by you using real money or otherwise credited or awarded to you) is synced between different devices only if you have connected your Game to an Account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Virtual Content which you purchase from us, upon completion of the purchase as described in paragraph 4.1 above; and/or (ii) in other cases at the time the Virtual Content is credited or awarded to you.
4.7 We reserve the right to control, regulate, change or remove any Virtual Content, or revise the pricing of the Virtual Content (including pricing for Subscriptions) without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate. Where there is a change of the Subscription pricing, we will remind you that your continued use after the end of your then-current Subscription period means that you accept the new Subscription prices. To the maximum extent permitted by applicable law, if you don’t cancel before the price changes come into force, you will be deemed to have accepted those modifications.
4.8 We may limit the total amount of Virtual Content that may be purchased at any one time, and/or limit the total amount of Virtual Content that may be held in your account in the aggregate. You are only allowed to obtain Virtual Content from us or our authorised partners through the Services.
4.9 Without limiting paragraphs 3.7, 3.8, 4.5, or 7.1, if we suspend or terminate your account in accordance with these Terms you may lose any Virtual Assets and/or Virtual Tools that you may have and we will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.
4.10 The charge for any Virtual Content that you can purchase via our Services will be as stated in our Services at the time you place the order, except in the case of obvious error. The charge is exclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase. We accept payment via our payment processing partners by credit card, debit card, carrier billing and any other payment method we expressly authorise during the payment process. Our payment processing partners may have their own terms and conditions and you should ensure you agree with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible - we will endeavour to fulfil your order immediately at the point of purchase.
4.11 Payment for a Subscription will be charged to your account at the point of purchase and, for renewals, will be taken within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on the basis communicated to you in writing unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that sales of Subscriptions are final and that cancellation is not permitted mid-way during an active Subscription period.
5. User conduct and content
5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions and, if applicable, stop accessing and/or using our Services.
5.2 You promise that all the information you provide to us on accessing and/or using our Services is and will remain true, accurate and complete at all times.
5.3 The Services may include communication channels such as forums, communities or chat areas designed to enable you to communicated with other Service users. In relation to information, data, software, sound, photographs, graphics, video, messages, tags, usernames, guild names or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”), you understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content and we do not guarantee the accuracy, integrity or quality of that Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services. Otterpaw Studio has no obligation to monitor these communication channels but it may do so and reserves the right to review materials communicated and to remove the Content in accordance with paragraph 5.7 of these Terms. Nevertheless, you acknowledge that the Content are neither endorsed nor controlled by Otterpaw Studio, and these Content should not be considered reviewed or approved by us.
5.4 You agree not to upload, communicate, transmit (or attempt to upload or transmit) or otherwise make available any Content or otherwise use the Services in any way:
5.4.1 that is or could reasonably be viewed as unlawful, harmful, political, harassing, grooming, defamatory, libelous, obscene, sexual, indecent, vulgar, pornographic, intimidate or abuse anyone hatefully, racially, ethnically or in a reasonable person’s view, otherwise offensive or otherwise objectionable;
5.4.2 that is or could be reasonably viewed as toxic and/or abusive behaviour, or behaviour that is intended to unreasonably undermine or disrupt the Game experiences of others or affect other players;
5.4.3 that is or could reasonably be viewed as invasive of another’s privacy or violate any privacy rights;
5.4.4 that is likely to, or could reasonably be viewed as likely to incite violence, terrorist activities or racial or ethnic hatred;
5.4.5 which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
5.4.6 which infringes any intellectual property right or other proprietary right of others;
5.4.7 which consists of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
5.4.8 which contains software viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5.5 You agree that you will not:
5.5.1 use our Services to harm anyone or to cause offence to or harass any person, or otherwise use our Services to act in a way that is intended to unreasonably undermine or disrupt the Game experiences of others or affect other players (including, without limitation, engaging in toxic or abusive behaviour);
5.5.2 use the Services or any third-party systems to commit an illegal or fraudulent action that is prohibited under applicable laws and/or under these Terms;
5.5.3 exploit, in its entirety or individual components, the Services for any purpose not expressly authorised by us, including, without limitation:
a. playing the Game(s) at commercial establishments;
b. gathering in-game currency, items, or resources (this includes any Virtual Assets or Virtual Tools) for sale/selling/exchanging outside of our Services;
c. performing in-game services including, without limitation, account boosting or power-levelling, in exchange for payment or otherwise;
d. communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Services; or
e. organising, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, our Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorisation.
5.5.4 create more than one Account per platform to access our Services;
5.5.5 share your Account or login information with anyone, unless these Terms allow it;
5.5.6 use another person or entity’s email address in order to sign up to use our Services;
5.5.7 use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
5.5.8 disguise, anonymise or hide your IP address or the source of any Content that you may upload;
5.5.9 use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
5.5.10 remove or amend any proprietary notices or other ownership information from any part of our Services;
5.5.11 interfere with or disrupt our Services or servers or networks that provide our Services;
5.5.12 attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
5.5.13 ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);
5.5.14 sell, transfer or try to sell or transfer an Account or any part of an Account, any Virtual Content (including, without limitation, any sale of Virtual Assets and/or Virtual Tools for real money or for other value outside of the relevant Game);
5.5.15 disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real time exchanges;
5.5.16 disobey any requirements or regulations of any network connected to our Services;
5.5.17 use our Services in violation of any applicable law or regulation;
5.5.18 use our Services to cheat or design or assist in cheating (for example, by using automated means or third-party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms;
5.5.19 improperly use support channels or complaint buttons to make false reports to Otterpaw Studio;
5.5.20 be abusive, aggressive, demeaning or conduct offensive behaviour towards Otterpaw Studio’s customer service representatives by any means like chat, email, phone or any other means of communication; or
5.5.21 use our Services in any other way not permitted by these Terms.
5.5.22 If you are concerned that someone else is not complying with any part of these Terms, please contact us here: support@otterpawstudio.com.
5.6 To the fullest extent permitted under applicable law, under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
5.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these Terms, or that it may bring us or our Services into disrepute.
5.8 You are solely responsible for your interactions with other users of our Services. You agree that you will not hold Otterpaw Studio liable for any loss or damage arising from the Content (yours or another user’s) including without limitation in respect of any defamation, harassment, or false endorsement claims.
6. Playing our Games with other users
6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:
6.1.1 choose to play against another user or to play socially with another user which is automatically selected for you, or
6.1.2 play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
6.2 Where a user or opponent is automatically selected for you, or is grouped with you for a game mode, we may either select at random or use such criteria as we see fit in order to make these selections (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).
6.3 By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be used and displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our Games or within our marketing. You also understand that other users may find you by searching for you with your email address, only if another user already knows your email address to search for you. For more information, please read our Privacy Policy
6.4 Some of our Games may include functionality that may allow you to participate in text with other users. You may be able to participate in text chat with other players, send messages to customer services or publicly on our forums.
7. Your breach of these Terms
7.1 Without limiting any other remedies or any other paragraph of these Terms, if we reasonably believe that you are in material breach of these Terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
7.1.1 delete, suspend and/or modify your Account, parts of your account and/or access to our Games;
7.1.2 otherwise suspend and/or terminate your access to our Services;
7.1.3 correct, modify and/or remove any Virtual Content (including but not limited to Virtual Assets or Virtual Tools) or game features that may be associated with your account;
7.1.4 correct, reset and/or modify any game progression, game features or benefits and privileges associated with your account, such as any level or score you have reached in our Games.
7.1.5 We may terminate the licence granted to you under these Terms and/or suspend, modify, or delete your account at any time without giving you any prior notice if you materially breach our Terms. Without limitation, any breaches of paragraphs 4, 5.4 or 5.5 are likely to be considered material breaches.
7.2 You agree to compensate us, according to applicable law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
7.3 If you think that a decision to suspend, modify or delete your account was taken wrongly, please contact us at support@otterpawstudio.com. We will restore any Virtual Content and/or game features if we have good cause to believe our actions were not sufficiently justified.
7.4 We will notify you if we decide to terminate or suspend any licence we have granted to you under these Terms, unless: we are reasonably unable to notify you due to technical limitations; we are terminating or suspending it to comply with a legal obligation which does not include a prior notice obligation; notification is not possible due to a legal obligation to take immediate action; or if we reasonably believe that providing notice is likely to materially harm a third party.
8. Availability of the Services
8.1 We do not guarantee that our Services will always be available, uninterrupted, or error-free, and we may change or update them in whole or in part without notice to you, unless otherwise required by applicable laws or these Terms. We are not liable for any failure or delay in providing our Services, or for any deficiencies, non-performance, errors, interruptions, or delays in carrying out the Services or for any inaccuracies, unreliability, or non-compliance with these Terms either in part or in whole that is caused by events outside our reasonable control, or for any errors in Services provided by third parties. This includes any technical or operational downtime and lack of availability during which the use of the application or the Services are interrupted or affected due to urgent technical reasons or required maintenance work.
8.2 We may also change and update our Services, in whole and in part, for reasons including (but not limited to) compliance with applicable laws and regulations, perform maintenance, fix bugs, implement technical adjustments and make improvements, to update or upgrade our Services, release new Services, or close down certain Services, ensure security of our Services and to combat illegal and/or harmful activities, including the use of unauthorized programs or other activities which beach these Terms. You hereby grant us consent to deploy and apply such patches, updates, and modifications and we may update such Services without notifying you. At our discretion, if we deem that any such changes or updates result in a material impact to your access or use of the Services, we will give you notice of such changes. If you do not agree to the changes, you will be able to terminate these Terms within 30 days from the date of any notice we provide, or 30 days from when the change comes into effect, whichever is later. At such termination, you shall discontinue your use of the Services. If you do not object or terminate within the time limit, you accept the changes. We may also discontinue the Services in whole or any part of them with sufficient notice to you as stated in these Terms and as required by applicable laws.
9. Limitation of Liability
9.1 In no event shall Otterpaw Studio, its related and affiliated corporations, sponsors, agencies and representatives be liable to you or to anyone else for any loss, damage, fine, regulatory action, claim or compensation of whatever nature, injury, any direct or indirect, special, exemplary, consequential damages, or any damages whatsoever, whether in contract, negligence or in tort, arising out of or in connection with the Services or as a result of any act or omission on the part of Otterpaw Studio (“Liabilities”).
9.2 We are not responsible for:
9.2.1 losses or harm not caused by our breach of these Terms or negligence;
9.2.2 losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these Terms including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
9.2.3 any damage that may be caused to any device on which you access or use any of our Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Services;
9.2.4 any loss or damage, or any increase in loss or damage resulting from breach by you of any of these Terms;
9.2.5 any use by you of the Services which isn’t authorised by us under these Terms or that are in breach of these Terms;
9.2.6 any lack of functionality or failure to provide any part of the Services that is due to:
a. malfunctions or faults in your chosen equipment, devices, operating system, or internet connection (including malware, viruses or bugs originating from third parties or any of your devices); or
b. your failure to download or install any update or the most recent published version of any Service in order to benefit from updated functionality or to meet compatibility requirements, where we have informed you of the update, explained the consequences of failing to install the update, and provided installation instructions;
c. the fault of third parties which are beyond our reasonable control.
9.2.7 any lack of functionality or incompatibility where your chosen equipment, devices, operating system or internet connection does not meet the specific requirements provided by us; or
9.2.8 technical failures or the lack of availability of any of our Services where these are not within our reasonable control.
9.3 In the event any Liabilities are not excluded by paragraph 9.1 and 9.2, our maximum aggregate liability to you in respect of losses or harm, whether under all applicable laws of contract, tort or otherwise, shall be USD 50 to the fullest extent permitted by applicable law.
9.4 Subject to applicable law and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services. Any additional legal rights, such as any applicable statutory rights of legal conformity which you may have as a consumer, remain unaffected by these Terms.
10. Intellectual Property
10.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
10.2 While you are in compliance with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object or source code) for your own personal private use, in each case provided that such use is in accordance with these Terms. You agree not to use our Services for anything else. These Terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch will be deemed part of the Services for the purposes of these Terms.
10.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENCE GRANTED TO YOU BY THESE TERMS, YOU WILL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY ACCOUNTS OR ANY VIRTUAL CONTENT. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
10.4 In particular, and without limiting the application of paragraph 10.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Content, whether on a free of charge basis or otherwise.
10.5 By submitting Content (as defined in paragraph 5.3) via our Services you:
10.5.1 are representing that you are fully entitled to do so;
10.5.2 represent and warrant that you are fully able to grant the licences set out in this paragraph 10.5;
10.5.3 represent and warrant that the Content does not infringe upon the copyright, trademark, patent, trade secret or other rights of any third party;
10.5.4 grant us a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, royalty free, right and licence to exploit the Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised;
10.5.5 grant us the unlimited right to edit, adapt, translate, reformat, manufacture, rearrange and transpose, distribute, sell, sub-licence, transmit, provide access to, publish and use the Content you submitted, any derivative works we may create from it and any elements contained therein, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
10.5.6 acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. To the maximum extent permitted by applicable law, you agree to waive any such moral rights you may have in the Content or, if a waiver is not possible under applicable law, not to assert such moral rights; and
10.5.7 agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
10.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights in the Content have been infringed by another user of our Services, and the infringed Content is hosted on our Services that are under our direct control, you may contact us with:
10.6.1 a description of the intellectual property rights and an explanation as to how they have been infringed;
10.6.2 a description of where the infringing material is located;
10.6.3 your address, phone number and email address;
10.6.4 a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorised, and (ii) the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
10.6.5 a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed.
10.7 For avoidance of doubt and without prejudice to the remainder of this paragraph 10, in the event you upload or otherwise transmit to us any Content that contains concepts, ideas, or feedback relating to any Game and/or our Services (“Feedback”), you will not be entitled to any compensation for any such Feedback, and we may freely use any such Feedback in any manner we deem appropriate. In addition, any Feedback by you will not create any contractual relationship between us. Except to the extent that any such waiver is prohibited by applicable law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world or, in the event that a waiver is not possible under applicable law, you agree not to assert such moral rights.
11. Privacy
11.1 The data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Games or other Services is Otterpaw Studio.
11.2 Otterpaw Studio collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these Terms. If you do not agree to our Privacy Policy you should not download or access our Games or otherwise access and/or use our Services.
11.3 In accordance with these Terms you must be over a certain age to play our Games and use our Services, depending on where you live. We do not knowingly collect or solicit personal information from or direct or target interest-based advertising to anyone under the ages set out below or under 13 years old, or knowingly allow such persons to use our Games and Services.
12. Links
12.1 We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.
13. Transferring these Terms
13.1 To the fullest extent permissible under applicable law, we may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else including our Affiliates without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this in writing.
14. Entire agreement
14.1 These Terms, all terms incorporated into these Terms (such as the Privacy Policy and the EULA), and any other terms as agreed between you and Otterpaw Studio (for example, any rules we create that govern in-game competitions or tournaments) together set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they supersede, replace and extinguish all earlier agreements and understandings between you and us. You acknowledge that Otterpaw Studio and its Affiliates have not made any actual or implied promise, representation, or warranty whatsoever, and acknowledge that you have not agreed to these Terms, played Otterpaw Studio’s games, played in Otterpaw Studio’s competitions or tournaments, obtained Virtual Content, or accepted Otterpaw Studio’s Services in reliance upon any such promise, representation or warranty, that is not expressly contained herein.
15. Severability
15.1 If any part of these Terms is held to be invalid or unenforceable under any applicable laws or by an applicable court, that part will be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms will remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these Terms in a manner consistent with applicable law, then that part will be deemed deleted from these Terms without affecting the remaining provisions of these Terms.
16. Waivers of our rights
16.1 Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights will only be effective if it is in writing and signed by us.
17. Complaints and dispute resolution
17.1 Most concerns can be solved quickly by contacting us at support@otterpawstudio.com. Otterpaw Studio’s decision regarding all matters and disputes relating to the Services shall be final and binding and no correspondences will be entertained.
18. Jurisdiction and Applicable Law
18.1 These Terms shall be governed by the laws of Malaysia. Any dispute, difference, controversy, or claim, arising in connection with, or questions occurring under, these Terms or the use of our Services, including any question regarding its existence, validity or termination must be settled by arbitration in English, in Malaysia, and in accordance with the rules of the Asian International Arbitration Centre (“AIAC”). The arbitral tribunal will consist of a sole arbitrator, to be appointed by the Director of the AIAC. Any award by the arbitration tribunal will be final and binding upon the parties. The arbitrator will award to the prevailing party, if any, the costs and legal fees reasonably incurred by such party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and legal fees reasonably incurred by the prevailing party in connection with the arbitration.
CatchYoo+ End-User License Agreement
This End-User License Agreement (“EULA”) is a legal agreement between you and Otterpaw Studios in relation to the CatchYoo+ App. We are solely responsible for the CatchYoo+ App and any content produced on it. If there are any conflicts between these EULA and the Apple Media Services Terms and Conditions or the Apple Volume Content Terms, the latter will apply.
This EULA agreement governs your acquisition and use of our product/application and services, CatchYoo+ (“Product”) directly from application store or platform that you download our Product from (such as the Apple App Store for iOS Mobile App, or Google Play Store for Android user).
Please read this EULA agreement carefully before completing the installation process and using our Product. It provides a license to use the Product and contains warranty information and liability disclaimers.
If you register for a free trial of the Product, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the Product, you are confirming your acceptance to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Product, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Product supplied by Otterpaw Studio herewith regardless of whether other Product is referred to or described herein. The terms also apply to any Product updates, supplements, Internet-based services, and support services for this product/service, unless other terms accompany those items on delivery. If so, those terms apply.
If you need any support with respect to the Product, please contact us, not Apple (for iOS Mobile App) nor Google (for Android Mobile App) as they are under no obligation to help with any support or maintenance questions arising out of use of the Product.
Otterpaw Studio hereby grants you a personal, non-transferable, non-exclusive licence to use the Product on your devices (including on Apple-branded products or Android products), owned or controlled by you in accordance with the terms of this EULA agreement. The Product may be used or accessed by other accounts associated with you via the Apple Family Sharing or volume purchasing.
You are permitted to load the Product (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Product software.
We’re giving you personally the right to use the Product and the services as set out in the CatchYoo+ Terms and Conditions. You can’t transfer the CatchYoo+ App or the Service to someone else, whether for money, for anything else or for free. And if you sell any device on which the Product is installed, you must remove the Product first. You must also keep all passwords secure and not provide this information to anyone else.
You are not permitted to:
· Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Product and services nor permit the whole or any part of the Product and services to be combined with or become incorporated in any other product/service, nor decompile, disassemble or reverse engineer the product/service or attempt to do any such things
· Reproduce, copy, distribute, resell or otherwise use the Product and services for any commercial purpose
· Allow any third party to use the Product and services on behalf of or for the benefit of any third party
· Use the Product and services in any way which breaches any applicable local, national or international law
· use the Product and services for any purpose that Otterpaw Studio considers is a breach of this EULA agreement
Intellectual Property and Ownership
Otterpaw Studio shall at all times retain ownership of the product/service as originally downloaded by you and all subsequent downloads of the product/service by you. The product/service (and the copyright, and other intellectual property rights of whatever nature in the product/service, including any modifications made thereto) are and shall remain the property of Otterpaw Studio.
Otterpaw Studio reserves the right to grant licences to use the product/service to third parties.
In the event of any third party claim that the CatchYoo+ App or your possession and use of the CatchYoo+ App infringes that third party’s intellectual property rights, Otterpaw Studio will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Warranty
We do not warrant the performance of the Product on your specific computer or mobile devices, or that any content, service or feature of the Product will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Product will provide specific results. The Product are delivered on an “as-is” and “as-available” basis. We cannot ensure that any files or other data that you download will be free of viruses or contamination or destructive features. We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. We disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Product or services.
(For iOS Mobile App) In the event of any failure of the CatchYoo+ App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the CatchYoo+ App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the CatchYoo+ App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Product Claims
(i) product liability claims;
(ii) any claim that the CatchYoo+ App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
Termination
This EULA agreement is effective from the date you first use the Product and services and shall continue until terminated. You may terminate it at any time upon written notice to Otterpaw Studio.
It will also terminate immediately if you fail to comply with any term of this EULA agreement or the CatchYoo+ Terms and Conditions. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the product/service. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
End-User Representation and Warranty
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Beneficiary
Governing Law
Contact