TERMS OF SERVICE
Effective Date: 30 April, 2026
Welcome to OMNILOJO!
These Terms of Service (or “Terms”) is an agreement between you and OMNILOJO PTE. LTD. (“OMNILOJO”, “we”, “our”, or “us”). The Terms govern your use of our applications for mobile platforms or devices and web applications (collectively, “Applications”). These Terms also govern your use of game publisher networks and platforms related to our Applications (collectively “Networks”), web domains and subdomains (collectively “Sites”) and web forums or messaging boards related to our Applications and Sites (collectively “Forums”). Any and all of our Applications, Networks, Sites and Forums are referred to herein as our “Services”.
PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND OMNILOJO (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING OR ACCESSING ANY OF OUR APPLICATIONS AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US, YOU AGREE THAT (1) YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, AND (2) YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION AND HAVE THE CAPACITY TO FORM A BINDING CONTRACT WITH OMNILOJO . IF YOU DO NOT AGREE TO THESE TERMS, ARE NOT OF AGE OF MAJORITY OR DO NOT HAVE THE CAPACITY TO CONTRACT WITH OMNILOJO, YOU MUST NOT ACCESS OR OTHERWISE USE THE SERVICE. YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY, AND AGREE TO OMNILOJO COLLECTING, USING, DISCLOSING OR PROCESSING YOUR PERSONAL INFORMATION IN ACCORDANCE WITH AND FOR THE PURPOSES AS SET OUT IN OUR PRIVACY POLICY.
IMPORTANT NOTE: These Terms contain a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, that affects your rights under these Terms and with respect to any dispute you may have with OMNILOJO. For users who are residents of the United States only, you and OMNILOJO agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court as provided below in Article 22. You may opt out of the binding individual arbitration and class action waiver as provided below in Article 2 of these Terms.
1. Modification
OMNILOJO reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time. If we modify these Terms, we will post these Terms as modified and use commercially reasonable methods to provide you with notice of the modification. By continuing to access or use our Services after we have posted a modification to these Terms and provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services. You agree that OMNILOJO may change any part of the Services, including its content, at any time or discontinue the Services or any part thereof, for any reason, without notice to you and without liability.
2. No Unlawful or Prohibited Use
By using our Services, you represent and warrant to us that you will not use our Services, or any of the content obtained from our Services, for any purpose that is unlawful or prohibited by these Terms or applicable laws.
3. Right to Use
In order to access the full feature set of our Services, you may need to create an account within our Services. You may be required to provide certain information, and you agree to provide accurate, current and complete information during the process and to update such information to keep it accurate, current and complete. You agree to monitor and restrict access to your account by minors, and you are fully responsible for any unauthorized use of our Services, including any use of your credit cards or other payment methods by minors.
OMNILOJO reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, or if we are directed or requested to do so by a court, administrative agency or other governmental body. If you do not have an account, we may allow you to only browse or use in limited ways those parts of our Services that are not limited to users with account only. You agree to take sole responsibility for any activities or actions under your account, whether or not such activities or actions were taken by you or you have authorized such activities or actions. OMNILOJO shall be entitled to rely on, and hold you responsible and liable for, such activities or actions, as if such activities or actions were authorized or taken by you. You will immediately notify OMNILOJO of any unauthorized use of your account. Even though we use the word “your” to describe an account you created, you agree that you have no ownership or other property interest in such account at all, and you further agree that all rights in and to such account are and always will be owned by and inure to the benefit of OMNILOJO.
OMNILOJO expressly reserves the right to deny anyone access to the Services at any time for any reason with or without notice. You agree that OMNILOJO may cease providing the Services or change the content of the Services at any time for any reason with or without notice to you without liability.
At our sole discretion, we may require proof that you meet these conditions in connection with the use of the Service. We reserve the right to request proof of age at any stage to verify that persons not of legal age are not using or accessing the Services. Failure to comply with this condition will result in closing of your account and loss of all Virtual Items (defined in Article 11 below) accumulated through your use of the Service.
PARENTAL CONSENT AND RESPONSIBILITY FOR MINORS
If you are a parent or guardian of a minor who is under the age of 18 (or the applicable age of majority in your location), please make sure that you have read this Terms of Services before allowing your child to create their own accounts or to use our Services. By permitting your child to use our Services, you agree that you are subject to this Terms of Services and that you are responsible for your child’s activities while using our Services. You agree to supervise your child’s use of our Services and make sure that your child only views the contents that are age-appropriate for them. If a minor makes a purchase and later seeks to disaffirm it, you, as the parent or guardian, agree to indemnify OMNILOJO for any amounts owed and authorize OMNILOJO to retain the funds spent.
4. Privacy
You acknowledge and agree that OMNILOJO will collect from you and your device, use, and share certain personal information as described in our Privacy Policy for respective Services. By accessing and using our Services, you agree that you have read and understood such Privacy Policy, and agree to OMNILOJO collecting, using, disclosing or processing your personal information in accordance with and for the purposes as set out in our Privacy Policy.
5. Content
Certain types of content are made available on or through our Services:
(1) User Content: which means text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a user on or through our Services.
(2) OMNILOJO Content: which means text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, OMNILOJO or our licensors' trademarks and logos, OMNILOJO Applications, and other content made available by OMNILOJO on or through our Services, including any Customizations but excluding User Content. “Customizations “means the modifications, designs or enhancements to OMNILOJO Content as a result of a user's customization of a OMNILOJO Content. For the avoidance of doubt, Customizations do not include User Content.
6. Ownership
Our Services and OMNILOJO Content are protected by copyright, trademark, and other laws of the applicable jurisdiction. Except as expressly provided in these Terms, OMNILOJO and our licensors exclusively own all right, title and interest in and to the Services and OMNILOJO Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights (“Intellectual Property Rights”).OMNILOJO will exclusively own all right, title and interest in and to any Customizations and you hereby waive any and all rights you may have in any Customizations under copyright law or otherwise. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or OMNILOJO Content.
7. OMNILOJO Content License
Subject to your compliance with these Terms, OMNILOJO hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use an object code copy of the Application including OMNILOJO Content for one registered account on one device owned or leased solely to you. OMNILOJO also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service including OMNILOJO Content that are not part of the Application. Use of the Service or OMNILOJO Content shall be solely for your own, private, personal and non-commercial entertainment purposes and for no other purpose. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or OMNILOJO Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by OMNILOJO or its licensors, except for the licenses and rights expressly granted by these Terms.
You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that OMNILOJO may from time-to-time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your device, but that OMNILOJO has no obligation to do so. You consent to such automatic upgrading on your device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and Terms and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.
8. User Content
The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics. OMNILOJO cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Service. OMNILOJO IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS.
OMNILOJO may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by OMNILOJO, and these communications should not be considered reviewed or approved by OMNILOJO. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that OMNILOJO will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
By making available any User Content on or through our Services, you hereby grant to OMNILOJO a worldwide, irrevocable, perpetual, non-exclusive, transferable, license-fee-free and royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of our Services. OMNILOJO does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that: you either are the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to OMNILOJO the rights in such User Content as contemplated under these Terms; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or OMNILOJO’s use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate any third party's rights (including without limitation to Intellectual Property Rights and rights of publicity or privacy), defame any third party, or result in the violation of any applicable law or regulation.
OMNILOJO shall have the right to disable or remove your User Content if we, in our sole discretion, deem your User Content to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms or in the violation of any applicable laws. Without limitation to the foregoing, if we are requested, ordered or directed to do so by a court, administrative agency or other governmental body, we may also, depending on the nature of your User Content and our obligations under applicable laws, require you to post correction notices, disable access to your User Content by other users, stop delivery of your User Content to particular users, restrict your account from interacting with other users, or remove your User Content from the Applications or Services.
9. No Infringing Use
You will not use our Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
10. Ratings, Chat, Comments & Feedback
You may be able to chat and make comments about content made available on or through our Services (“Comments”). OMNILOJO advises you to exercise caution and good judgment when leaving such Comments. We do not generally monitor, review or moderate your Comments. Once you complete and submit your Comments on or through our Services, you should not expect to be able to go back and edit your Comments, nor should you expect us to make modifications to, or deletions of, your Comments on your behalf. You should be aware that you could be held legally responsible for damages to someone's reputation if your Comments are deemed to be defamatory. Without limiting any other terms or conditions of these Terms, OMNILOJO may, but is under no obligation to do so, monitor or censor Comments and disclaims any and all liability relating thereto.
Notwithstanding the foregoing, OMNILOJO does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms, or if we are requested or directed to do so by a court, administrative agency or other governmental body.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Services (“Feedback”). You may submit Feedback by emailing us via email listed in Contact Us below, or by submitting through our Feedback system within our Services. You acknowledge and agree that all Feedback will be the sole and exclusive property of OMNILOJO and you hereby irrevocably assign to OMNILOJO and agree to irrevocably assign to OMNILOJO all of your right, title, and interest in and to all Feedback, including without limitation all worldwide Intellectual Property Rights therein. Further, we are under no obligation to provide compensation for any Feedback. At OMNILOJO’s request, you will execute documents and take such further acts as OMNILOJO may reasonably request to assist us to acquire, perfect, and maintain its Intellectual Property Rights and other legal protections in the Feedback.
11. Virtual Items
From time to time during your use of the Service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; (b) virtual in-game points, and (c) virtual currency, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction upon redemption of the applicable payment and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your account, termination of these Terms, and/or the discontinuation of the Service. OMNILOJO prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by OMNILOJO in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without OMNILOJO’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination. You acknowledge and agree: (a) that OMNILOJO may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that OMNILOJO has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. OMNILOJO reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that OMNILOJO shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. OMNILOJO may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. OMNILOJO owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in a game or “purchased” from OMNILOJO.
12. Orders, Payments and Refunds
12.1 You may purchase, with real-world money, limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licenses to use Virtual Items within the Services. You acknowledge and agree that Virtual Items are licensed, not sold, have no monetary value, and are not redeemable for real money or items of value outside the Services.
12.2 The provision of Virtual Items for use in OMNILOJO’s games constitutes a service provided by OMNILOJO that commences immediately upon OMNILOJO’s acceptance of your purchase. By completing the purchase, you expressly request and consent to OMNILOJO beginning performance of the Services and delivering the Virtual Items before the expiration of any applicable statutory withdrawal period. You acknowledge and agree that, to the extent permitted by applicable law, your statutory right of withdrawal may no longer apply once the performance has begun or the Virtual Items have been delivered, accessed, or used.
12.3 Except as expressly stated in these Terms, as provided in the game, or otherwise required under applicable law, all purchases are final and non-refundable. Where refund is otherwise granted the corresponding Virtual Items may be removed or your account may be adjusted. For clarity, purchases made through third-party marketplaces may also be subject to their own refund policies and procedures.
12.4 If a refund or chargeback is successfully processed through a third-party platform while the corresponding Virtual Items have already been performed, delivered or used, OMNILOJO may remove such Virtual Items or restrict access to certain Services.
You acknowledge that repeated, abusive, or bad-faith refund behavior may result in account restrictions, suspension, or termination.
12.5 If you are under the age of legal majority in your jurisdiction, purchases may be made only with the involvement and consent of your parent or legal guardian. Refund requests based on minor status may require reasonable verification materials. Except as expressly stated under applicable laws, failure to provide the requested verification materials, or provision of incomplete information, may result in rejection of the refund request.
12.6 You acknowledge and agree that certain purchase of Virtual Items in the game is processed by third-party billing systems (including but not limited to Google Play and App Store). Accordingly, we may not able to provide bills or invoices relating to such transactions; however, you may view the orders and records through the corresponding third-party billing platform.
13. Taxes
You are responsible for and will pay all fees and applicable taxes incurred by you or anyone using an account linked to you.
14. Mobile Operating Software Providers and Third-Party Publishers
Providers of operating software for mobile devices (“OS Providers”) offer virtual storefronts and marketplaces for you to browse, locate and download, among other things, mobile applications. If you download OMNILOJO Applications from a virtual storefront or marketplace operated by your OS Provider, please note that, in addition to complying with these Terms, you must also comply with the terms and conditions of such virtual storefront or marketplace, such, as for example, Google’s Android Market.
In addition, OMNILOJO may from time to time offer access to third-party mobile applications available via our Services, which are designed by third-party publishers. You understand and agree that access to, and use of, any third-party mobile application shall be subject to terms and conditions of use provided by the third-party publisher of such third-party mobile application.
You further acknowledge and agree that (1) OMNILOJO has no control over such OS Providers or third-party publishers, and shall under no circumstance be deemed a party to any agreement or arrangement between you and them; (2) OMNILOJO shall have no obligation to review the services or products provided by such OS Providers or third-party publishers, makes no representations or warranties as to such services or products, and shall not be deemed to endorse any OS Providers or third-party publishers or their products and services; and (3) you shall not hold OMNILOJO liable for, and shall release OMNILOJO from any liabilities, losses or damages (whether direct, indirect, incidental, consequential, special, exemplary, punitive, enhanced or otherwise) that may be caused by such OS Providers or third-party publishers or incurred by you as a result of using any products or services provided by such OS Providers or third-party publishers.
15. Interactions between Users
You are solely responsible for your interactions (including any disputes) with other OMNILOJO users. Even if we choose to offer report user, block user, or similar features on our Services, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using our Services and disclosing personal information to other OMNILOJO users. You agree to take reasonable precautions in all interactions with other OMNILOJO users, particularly if you decide to meet a OMNILOJO user offline, or in person. Your use of our Services, OMNILOJO Content, User Content and any other content made available through our Services is at your sole risk and discretion and OMNILOJO hereby disclaims any and all liability to you or any third party relating thereto. OMNILOJO reserves the right to contact users, in compliance with applicable laws and regulations, in order to evaluate compliance with these Terms and any other applicable rules. You will cooperate fully with OMNILOJO to investigate any suspected unlawful, fraudulent or improper activity.
16. General Prohibitions
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, OMNILOJO or other users, and that you shall not act in bad faith in your use of the Service. If OMNILOJO determines that you do act in bad faith in violation of these Terms, or if OMNILOJO determines that your actions fall outside of reasonable community standards, OMNILOJO may, at its sole discretion, make adjustments to the Virtual Items associated with your account, including, without limitation, removing or reversing any credits, rewards, in-game currency and/or any value obtained, and may terminate your account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not:
(1) Violate the OMNILOJO Code of Conduct;
(2) Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
• infringes, misappropriates or violates a third party's Intellectual Property Rights, or rights of publicity or privacy; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
• is violent or threatening or promotes violence or actions that are threatening to any other person; or
• promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
(3) Use, display, mirror, frame or utilize framing techniques to enclose our Services, or any individual element or materials within our Services, OMNILOJO’s name, any OMNILOJO or OMNILOJO licensor's trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without OMNILOJO’s express written consent;
(4) Access, tamper with, or use non-public areas of our Services, OMNILOJO’s computer systems, or the technical delivery systems of OMNILOJO’s providers;
(5) Attempt to probe, scan, or test the vulnerability of any OMNILOJO system or network or breach any security or authentication measures;
(6) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by OMNILOJO or any of OMNILOJO’s providers or any other third party (including another OMNILOJO user) to protect our Services or OMNILOJO Content;
(7) Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
(8) Attempt to access or search our Services or OMNILOJO Content, or download OMNILOJO Content from our Services, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by OMNILOJO or other generally available third-party web browsers;
(9) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(10) Use any meta tags or other hidden text or metadata utilizing a OMNILOJO or OMNILOJO licensor’s trademark, logo URL or product name without OMNILOJO’s express written consent;
(11) Use our Services or OMNILOJO Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms, including but not limited to (a) operating in a cyber cafe, gaming center, or any other physical location; (b) collecting Virtual Items or other in-game resources for sale outside the Services; or (c) offering in-game services for payment outside the Services, such as power leveling;
(12) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way our Services or OMNILOJO Content to send altered, deceptive or false source-identifying information;
(13) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our Services or OMNILOJO Content;
(14) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Services, or upload to, store on, transmit through or make available through our Application or Services any computer code, files, scripts and programs, including any malware and/or software, that is intended or known to be harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorized disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, ransomware and any new type of threats (collectively “Harmful Code”);
(15) Collect or store any personally identifiable information from our Services, or from other users of our Services, without their express permission;
(16) Impersonate or misrepresent your affiliation with any person or entity;
(17) Violate any applicable law or regulation;
(18) Post User Content or take any action that infringes or violates the rights of another user: bully, harass or intimidate any user of the Services; solicit user login credentials from another user or collect User Content or otherwise access the Services by automated means including but not limited to, bots, robots, spiders;
(19) Create an account for anyone other than yourself;
(20) Use your user profile for personal commercial gain; use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other users, or modify or interfere with the Service;
(21) Abuse, exploit, distribute or publicly inform other users of a bug, glitch, game error or mechanism on the Service which gives users an unintended advantage; or engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation;
(22) Posting spam or reposting removed content in the Forums. This includes but is not limited to posting the same content multiple times or reposting a thread or topic that has been removed from the Forums;
(23) Unsportsmanlike behavior;
(24) Account sharing, including but not limited to the sharing of username and password for others to login for you;
(25) Interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting OMNILOJO’s game environment, or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users;
(26) Engage in any act that conflicts with the spirit or intent of the Service, including but not limited to, manipulating or circumventing game policies, game rules or these Terms;
(27) To the extent the Services functionality permits, you will not post or communicate any person’s ‘real world’ personal information whilst using the Services or via any chat rooms or forums; or
(28) Encourage or enable any other individual or group to do any of the foregoing.
OMNILOJO will have the right to investigate and prosecute violations of any of the above, including Intellectual Property Rights infringement and Services security issues, to the fullest extent of the law. OMNILOJO may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that OMNILOJO has no obligation to monitor or record your access to or use of our Services or OMNILOJO Content, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating or improving our Services, to ensure your compliance with these Terms, or to comply with applicable laws and regulations or the order or requirement of a court, administrative agency or other governmental body.
You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content. OMNILOJO reserves the right, at any time and without prior notice, to remove or disable access to any User Content that OMNILOJO, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to our Services.
17. Links and Third-Party Materials
Our Services may contain links to third-party websites or resources. You acknowledge and agree that OMNILOJO is not responsible or liable for:
(1) the availability or accuracy of such websites or resources; or
(2) the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by OMNILOJO of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you elect to use our Services on mobile carrier networks, such carrier's normal billing rates will apply. In addition, certain content, products, and services available via our Services may include materials from third parties. You agree that OMNILOJO is not responsible for examining or evaluating third-party content, or such content's accuracy, and OMNILOJO does not warrant and will not have any liability or responsibility for any materials, products, or services of third parties. You agree that you will not use any third-party mobile applications, or other third-party materials, in a manner that would infringe or violate the rights of any other party, and that OMNILOJO is not in any way responsible for any such use by you.
18. Sweepstakes and Contests
OMNILOJO may permit the offer of sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Services. You should carefully review the rules of each Promotion in which you participate through the Services, as they may contain additional important information about OMNILOJO’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion.
19. Updates to the Site and Service; Maintenance
You acknowledge and agree that OMNILOJO may update the Service with or without notifying you. OMNILOJO may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service.
OMNILOJO conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods.
20. Termination of Accounts
Without limiting other remedies, OMNILOJO may at any time suspend or terminate your account and refuse to provide access to our Services if OMNILOJO is requested, ordered or directed to do so by a court, administrative agency or other governmental body, or if OMNILOJO suspects or determines, in its own discretion, that you may have or there is a significant risk that you have:
(1) failed to comply with any provision of these Terms or any policies or rules established by OMNILOJO;
(2) engaged in actions relating to or in the course of using our Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, OMNILOJO users, OMNILOJO or any other third parties or our Services; or
(3) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer.
In addition, OMNILOJO may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above. You may terminate your account at any time and for any reason by contacting our customer service in the game, or via email listed in Contact Us below.
21. Effects of Termination, Suspension of Account
Upon termination of your account for any reason by you or us, you will lose all access to such account. Terminated accounts cannot be reinstated; any account that may be registered by you after termination of an account is a unique account. If your account is terminated for any reason by you or us, you understand and agree that any Virtual Items to which you had access via your account at the time of termination will be lost and no longer be available to you, and you will have no right to them. If your account is terminated for any reason by you or us, you understand and agree that OMNILOJO may redeem and use the Virtual Items in the account at the time of termination for any purpose that it may choose, and that on termination you will have no right to that Virtual Items.
In addition, if there is no activity in your account for 1 years (Inactive account), you understand and agree that (i) OMNILOJO may redeem and use the Virtual Items in the Inactive account at such time for any purpose that it may choose, and that on the account becoming an Inactive account you will have no right to that Virtual Items; and (ii) any Virtual Items to which you had access via the Inactive account up to the account becoming an Inactive account will be lost and no longer be available to you, and you will have no right to them. You agree that OMNILOJO is not required to provide a refund for any reason except as required by law, and that you will not receive money or other compensation for unused Virtual Items in an Inactive account or that was in a terminated account, no matter how either came about.
After any termination, you understand and acknowledge that we will have no further obligation to provide our Services and all licenses and other rights granted to you by these Terms will immediately cease. OMNILOJO will not be liable to you or any third party for termination of our Services or termination of your use of our Services. Upon any termination or suspension of your account, any content, materials or information (including User Content) that you have submitted on our Services or that which is related to your account may no longer be accessed by you. Furthermore, OMNILOJO will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to OMNILOJO under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
22. Dispute Resolution and Arbitration
If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and OMNILOJO agree that all Disputes, as defined below, between you and OMNILOJO will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this provision carefully.
a.Purpose and Disputes Covered
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you (including anyone acting on your behalf, asserting your rights, or seeking damages or losses incurred by you) and OMNILOJO.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit and proceed in court to a jury trial, and instead agree to submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions or representative actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
You have the right to opt-out of this Provision as described in section (e) below. If this is the first time you have agreed to any version of these Terms, and you opt out in accordance with section (e) below, you would retain your right to litigate your disputes in a court, either before a judge or jury. However, if you have previously consented to arbitrate (i.e., if you already agreed to a prior version of these Terms without opting out), then you may only opt out of the revised arbitration procedure contained herein, and the arbitration procedure in the most recent version of the Terms that you agreed to will govern.
For the purpose of these Terms, including this Provision specifically, “Dispute” means any dispute, claim, or controversy between you and OMNILOJO regarding any aspect of your relationship with OMNILOJO , whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” shall include any Dispute brought by any individual purporting to act on your behalf or any individual or actor who purports to seek damages, recovery, or relief for injury associated with or suffered by you. “Dispute” is to be given the broadest possible meaning that will be enforced.
b. Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND OMNILOJO EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION. YOU AND OMNILOJO FURTHER AGREE THAT YOU ARE EACH WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You understand and agree that by entering into this agreement you and OMNILOJO are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and OMNILOJO might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
c. Class Action Waiver
YOU AND OMNILOJO AGREE THAT, UNLESS THE MASS ARBITRATION EXCEPTION SET FORTH IN SECTION 22(F) APPLIES, YOU AND OMNILOJO MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSOLIDATED IN A SINGLE ACTION), OR ON A REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU AND OMNILOJO EACH AGREE THAT YOU AND OMNILOJO ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.
Except as otherwise provided in this Provision, the arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, private attorney general action, or any type of action where you seek recovery on behalf of, for the benefit of, or of amounts lost or spent by a third-party) unless both you and OMNILOJO specifically agree to do so following initiation of the arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim(s).
Notwithstanding any other provision of these Terms or the rules of the arbitration provider, disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.
If you choose to pursue your Dispute in court by opting out of this Provision, as specified in section (e) below, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements below.
d. Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, and including Mass Arbitrations as defined herein, you must first give OMNILOJO an opportunity to resolve the Dispute, and during such resolution process, both you and the OMNILOJO agree to participate in good faith. You must commence this process by providing written notification to [email protected].
That written notification must include (1) your name, (2) the address of your place of residence, (3) a written description of your claim, (4) identification of the Application or service at issue, (5) your numerical User ID for each Application or service at issue, (6) a description of the Dispute, which must identify any Application or service used by you, the dates of the events giving rise to the Dispute, and the specific facts underlying your Dispute; and (7) the specific relief you seek, including the amount of any monetary demand. If OMNILOJO does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
e. Exclusions from Arbitration/Right to Opt Out
For Users who are residents of the United States only: Notwithstanding the above, you or OMNILOJO may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE OMNILOJO WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”).
To opt-out of these arbitration procedures, you must provide written notification to: [email protected].
Your written notification must include (1) your name, (2) your address, (3) your numerical User ID for each Application at issue; and (4) a clear statement that you do not wish to resolve disputes with OMNILOJO through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with OMNILOJO. If you do not provide OMNILOJO with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clause (i) above.
Additionally, notwithstanding the above, You and OMNILOJO reserve the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.
f. Arbitration Procedures ‐ United States Users
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”), either you or OMNILOJO may initiate arbitration proceedings. The parties may appoint a single arbitrator by mutual consent; otherwise, JAMS, www.jamsadr.com, 1-800-352-5267, will administer the arbitration of all Disputes, and the arbitration will be conducted before a single arbitrator. Unless the parties agree otherwise, the arbitrator must be an attorney licensed to practice law in California with at least ten years of experience in commercial law. The arbitration shall be commenced as an individual arbitration. Unless both you and OMNILOJO agree in writing, the arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in Section 22(c) above, all issues shall be for the arbitrator to decide, including the scope and enforceability of this agreement to arbitrate, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. However, a court has exclusive authority to enforce the Class Action Waiver. Likewise, a court has exclusive authority to enjoin any arbitration proceedings that do not comply with these Terms, including Article 22 specifically.
You and OMNILOJO agree that the JAMS Comprehensive Arbitration Rules & Procedures, the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases, and the JAMS Mass Arbitration Procedures and Guidelines shall apply to any arbitration, except that You and OMNILOJO agree that a Mass Arbitration is defined as 25 or more similar Demands for Arbitration filed against the same Party or related Parties by individual Claimants represented by either the same law firm or law firms acting in coordination. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision shall govern in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.
Arbitration Award ‐ The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will not have the power to award to any claimant any damages on behalf of, for the benefit of, incurred by a third party or relief for any harm on behalf of, for the benefit of, or incurred by a third party. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration ‐ The seat of the arbitration shall be San Francisco, California, but, unless contrary to law, both You and OMNILOJO shall have the right to participate in any arbitration hearing or other proceeding remotely via videoconference or telephone. When required by law, the arbitrator shall be authorized to convene a hearing in a different location, and in such instances and only to the extent required by law, OMNILOJO will pay the cost of the arbitrator’s travel. For any user who lives more than 50 miles from the location of the arbitration, OMNILOJO will pay the user’s reasonable cost of travel, as determined by the arbitrator, to any in-person hearing, in the event the user chooses to attend the hearing in person.
Payment of Arbitration Fees and Costs ‐ Unless otherwise provided herein, each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. Unless otherwise provided herein, you are responsible for all fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
g. Arbitration Procedures ‐ Users Outside the United States
For Disputes between OMNILOJO and users who are not residents of the United States that are not resolved through the Pre-Arbitration Claim Resolution procedures set forth above, both parties agree that such Dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitration shall be conducted exclusively in Singapore. The seat of the arbitration shall be Singapore. The tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
The arbitral award is final and binding upon both parties and the award shall be rendered in the English language pursuant to the laws of Singapore. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
h. Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
i. Continuation
This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
23. Governing Law and Venue
For Users who are residents of the United States only: To the extent these Terms allow you or OMNILOJO to initiate litigation in a court, other than for small claims court actions, you and OMNILOJO agree to the exclusive jurisdiction of and venue in the state and federal courts located in San Francisco, California. You and OMNILOJO each hereby waives any objection to jurisdiction and venue in such courts.
Except as provided in the “Dispute Resolution and Arbitration Provision” (above), these Terms, your use of the Service, and all Disputes, claims, or causes of action (whether in contract, tort, or statute), that may be based upon, arise out of, or relate to these Terms, shall be governed by and enforced in accordance with the laws of the State of California, including its statutes of limitation, without regard to its conflict of law’s provisions. If you reside in a country in which this clause is prohibited by law, this article does not apply to you.
For Users who are not residents of the United States: These Terms and any action related thereto will be governed by the laws of Singapore without regard to its conflict of law’s provisions.
24. Disclaimer of Warranties
To the maximum extent permitted by law, our Services, OMNILOJO Content, and User Content are provided as is, without representation or warranty of any kind, whether, express, implied, statutory or otherwise. Without limiting the foregoing, to the maximum extent permitted by law, OMNILOJO explicitly disclaims any representations and warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any representations and warranties arising out of course of dealing or usage of trade. OMNILOJO makes no representation or warranty that our Services, OMNILOJO Content or User Content will meet your requirements or be available on an uninterrupted, secure, Harmful-Code-free or error-free basis. OMNILOJO makes no warranty regarding the quality of any products, services or content purchased or obtained through our Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through our Services. No advice or information, whether oral or written, obtained from OMNILOJO or through our Services, OMNILOJO Content or User Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that OMNILOJO does not screen or inquire into the background of any users of the Service, nor does OMNILOJO make any attempt to verify the statements of users of the Service. OMNILOJO makes no representations or warranties as to the conduct of users of the Service or their compatibility with any current or future users of the Service. You agree to take reasonable precautions in all communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service, particularly if you decide to meet offline or in person. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the disclaimers of this article may not apply to you but only to the extent prohibited by applicable law.
25. Indemnity
You agree to defend, indemnify, and hold OMNILOJO , its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access or use of our Services; (ii) your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under these Terms; (iii) any materials, User Content or other information provided by you or on your behalf; (iv) your violation of any applicable laws or third-parties' rights and interests; and/or (v) your other illegal or inappropriate behavior.
26. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of our Services, OMNILOJO Content, and User Content therein remains with you. Neither OMNILOJO nor any other party involved in creating, producing, or delivering our Services or OMNILOJO Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss or corruption of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or in connection with these terms or from the use of or inability to use our Services or content therein, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not OMNILOJO has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that OMNILOJO 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. Further, OMNILOJO will have no liability to you or to any third party for any User Content or third-party content uploaded onto or downloaded from or through our Services. In no event will OMNILOJO’s aggregate liability arising out of or in connection with these terms or from the use of or inability to use our Services or OMNILOJO Content or User Content therein or provided thereby exceed one hundred Singapore dollars (S$100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between OMNILOJO and you.
27. Trademarks & Other Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of OMNILOJO or our licensors used in association with the Services are trademarks or registered trademarks of OMNILOJO or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.
28. Additional Mobile Application Terms
The following additional terms and conditions apply with respect to any Application that OMNILOJO provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and OMNILOJO only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
OMNILOJO, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that OMNILOJO , and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that OMNILOJO, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (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.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that OMNILOJO provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and OMNILOJO only, and not with Google, Inc. (“Google”). Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
OMNILOJO, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
29. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between OMNILOJO and you regarding our Services and OMNILOJO Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between OMNILOJO and you regarding our Services and OMNILOJO Content.
30. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without OMNILOJO’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OMNILOJO may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
31. Notices
You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of our Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by OMNILOJO via email (in each case to the address that you provide) or (ii) by posting on or through our Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
32. Waiver and Severability
The failure of OMNILOJO to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of OMNILOJO. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
33. Affiliate Publishers
You agree that (i) these Terms are intended to cover any publisher who is an affiliate of OMNILOJO (“Affiliate Publisher”); (ii) your obligations to OMNILOJO under these Terms extend to Affiliate Publishers as applicable unless otherwise agreed under any third-party terms with any such Affiliate Publisher; and (iii) Affiliate Publishers are third party beneficiaries under these Terms who may rely on and directly enforce these Terms against you as such.
34. Contact Us
If you have any questions about these Terms, please contact us via customer service or send an email to [email protected].
35. Language
These Terms are drafted in the English language and may be translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency, or clarification required with other language Game versions.