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These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by MEGPlay (as defined below).

1. General

These Terms applies to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.

If you are accessing the Services from North or South America, these Terms are between you and MEGPlay Inc. If you are accessing the Services from elsewhere in the world, these Terms are between you and MEGPlay Pte. Ltd. For ease of reference, each of MEGPlay Inc. and MEGPlay Pte. Ltd. are referred to in these Terms as “MEGPlay”.

By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.

MEGPlay reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.

If you have any questions, please refer to our Help Centre.

2. Use of the Services

Subject to your compliance with these Terms, MEGPlay grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

You shall use the Services in accordance with these Terms and shall not:

Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.

Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.

Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.

Violate any applicable laws, rules or regulations in connection with your access or use of the Services.

Use the Services in violation of or to circumvent any sanctions or embargo.

Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of MEGPlay or its affiliates, partners, suppliers or licensors.

Use the Services for any purpose for which it is not designed or intended.

Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by MEGPlay.

Use any proprietary information or interfaces of MEGPlay or any other intellectual property of MEGPlay in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.

Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.

Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.

Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.

Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.

Collect any information in respect of other users without their consent.

Commit any act to avoid paying any applicable fees and/or charges.

Authorise or encourage anyone to do any of the foregoing.

3. Account

You would need to have an account with MEGPlay (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:

If you are individual, you are at least 18 years of age.

If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.

You are capable of entering into and performing legally binding contracts under applicable law.

All information which you provide is accurate, up to date, truthful and complete. If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

You are responsible for all activities under your Account. You, therefore agree to:

Keep your password secure.

Keep your account information up to date at all times. Comply with MEGPlay’s policies and all applicable laws with respect to your activities and the Content which you upload to the Services.

You shall not set up multiple Accounts, or transfer or sell your Account or user ID to another party. You must not use another user's Account without their permission.

3.1 MEGPlay Pro Subscriptions

In addition, you may also purchase MEGPlay pro subscriptions (“MEGPlay Pro Subscriptions”) for access and use of additional features and Services via a subscription service on or via any of the Platforms (as defined below) or any of the methods as may be made available on the Platforms or as may be notified to you from time to time.

Any such purchases shall be in accordance with MEGPlay’s prevailing subscription rules and fees, which can be found at https://sg.MEGPlay.com/pro/, and forms a part of these Terms. You can read more about MEGPlay Pro Subscriptions in the same article.

You acknowledge and agree that:

All MEGPlay Pro Subscription fees are due in advance.

You may only cancel your initial MEGPlay Pro Subscription order within thirty (30) days of the activation date and receive a full refund by providing us with a written notice at business@theMEGPlay.com or by contacting your account manager. Should you cancel after thirty (30) days, your payment is non-refundable and your MEGPlay Pro Subscription will continue until the end of your contracted term. If the minimum subscription period applicable to your MEGPlay Pro Subscription has not yet expired as at the date of such cancellation, the prevailing administrative, termination or other fees (if applicable) shall also be due and payable by you. For the avoidance of doubt, there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.

You may upgrade your MEGPlay Pro Subscription by making a top up to the prevailing subscription fees by providing us with a written notice at business@theMEGPlay.com or by contacting your account manager.

MEGPlay reserves the right to amend, suspend and/or terminate all or any part of any MEGPlay Pro Subscription, its terms and conditions, the types of content or services offered on or via the Platforms, the subscription period and rates for such MEGPlay Pro Subscription.

Your subscription will continue and be renewed automatically on a monthly/yearly basis after the first month/year until you expressly instruct us that you wish to terminate your relevant MEGPlay Pro Subscription by providing us with written notice of non-renewal at least thirty (30) days’ before the expiration of the applicable current subscription period. All such notices should be made to business@theMEGPlay.com. Unless otherwise stated by MEGPlay, any renewal of your subscription will be on the then prevailing subscription terms thereof.

MEGPlay does not represent or warrant that the said additional features and Services will remain available as a MEGPlay Pro Subscription.

You shall be bound by any specific terms governing payment, subscription fees, minimum subscription periods, entitlements to any gift or premium under any promotion, termination fees and delivery fees which are applicable to your MEGPlay Pro Subscription, as set out in our application forms for the relevant subscription packages and payment terms you have selected.

Your application for any MEGPlay Pro Subscription is subject to our acceptance. MEGPlay will try to process your MEGPlay Pro Subscription promptly but does not guarantee that the MEGPlay Pro Subscription will be available to you by any specified time, even if an estimated time is indicated. The agreement with you for receipt of the MEGPlay Pro Subscription will come into effect only when you receive a confirmation of your subscription from MEGPlay.

Unused entitlements, MEGPlay Coins and listing quota from your annual MEGPlay Pro Subscription do not carry over to the following billing cycle and will automatically expire after one (1) billing cycle. When your applicable current subscription period ends, you will forfeit all rights to any entitlements, MEGPlay Coins and listing quota.

4. Bumps and Top Spotlight campaigns You may purchase bumps, urgent bumps and/or 3-day bumps (each, a “Bumps”) and/or placing a listing in Top Spotlight (“Top Spotlight”) for increased visibility for your listings in accordance with MEGPlay’s prevailing listing and priority rules and charges, which can be found at https://support.MEGPlay.com/hc/sections/115001982767 and https://support.MEGPlay.com/hc/en-us/articles/115014920268 respectively, and forms a part of these Terms. Please also take the time to read the additional terms and conditions, as set out in Clause 9 below, that will apply when you choose to purchase coins (“MEGPlay Coins”) which may be used to pay for certain services, including our Bumps and placing a listing in Top Spotlight (each, a “Top Spotlight Campaign”). You acknowledge and agree that: your Bumped listings may rise and fall in priority in relation to other users’ listings in accordance with MEGPlay’s prevailing listing rules, formulae and algorithms; each Bump is an instant effect and all fees and/or charges paid by you to us for any Bump are non-refundable; the fees payable in respect of each Top Spotlight Campaign are subject to and dependent on the number of views and the category which the listing placed in Top Spotlight resides in. In addition, each category has its unique demand for views and placing a listing in Top Spotlight in more popular categories will cost more; MEGPlay does not represent or warrant that any Bump and/or any listing placed in Top Spotlight will lead to a like, offer, chat and by extension, sale; your Top Spotlight campaign may be terminated early in the event the campaign is not performing well, any unused MEGPlay Coins pursuant to such early termination and/or for any undelivered clicked views, will be refunded back to your Account; and notwithstanding the above, there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms. 5. Fees and Payments Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees, charged for the MEGPlay Coins you may purchase and/or fees and charges otherwise in relation to your Account or listing (collectively, the “MEGPlay Fees”). You may pay your MEGPlay Fees using a credit card, debit card, cheque or by way of telegraphic or other electronic means of transfer. You may also pay your MEGPlay Fees through any of the methods as may be made available on the Platforms (as defined below) or as may be notified to you from time to time. You acknowledge and agree that: in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, your MEGPlay Pro Subscription will automatically be suspended and/or terminated if payments are not received within ten (10) days from due date; If your credit card has expired, or if you wish to use a different credit card, please notify us promptly by sending an email to finance@theMEGPlay.com at least 14 days before your next subscription fee payment is due. Please indicate “Expiry/Change of CC details” at the subject header; save as set out in Clause 3.1 above, all subscription fees, listing fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any MEGPlay Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms; You shall make prompt payment of all MEGPlay Fees, in full before the due date stipulated by MEGPlay for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to MEGPlay, without prejudice to any other rights or remedies available to us, MEGPlay shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue MEGPlay Fees and any legal fees and collection costs incurred by MEGPlay in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid; in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. MEGPlay reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and you are responsible for collecting and paying any taxes associated with using and making sales through the Services. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees. 5.1 Listing Fees You may be charged a listing fee in accordance with MEGPlay’s prevailing listing fees’ rules and charges, which can be found in this article and forms a part of these Terms. You acknowledge and agree that: MEGPlay does not represent or warrant that any MEGPlay Fees paid or payable will lead to a like, offer, chat and by extension, sale; there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms; and each listing, free or paid expires after 30 days. You can read more about listing fees in this Help article. 6. MEGPlay is a Venue The Services provide a venue for users to interact with each other, and to buy and sell items. MEGPlay does not pre-screen a user or the Content provided by a user, nor is MEGPlay directly involved in transactions between users. Consequently, MEGPlay has no control over, and you agree that MEGPlay is not responsible or liable for, any of the following: The quality, safety, morality or legality of any aspect of the items listed. The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. The true identity, age, nationality, or sense of humour of a user. Any Content posted by users. You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While MEGPlay endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk. 7. Content The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”). You retain ownership rights in the Content which you upload or share on the Services but you grant MEGPlay a worldwide, fully-paid, royalty-free, sub-licensable, and transferrable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to MEGPlay’s Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services. You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility. You acknowledge that MEGPlay does not pre-screen Content uploaded by users. MEGPlay shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, MEGPlay shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events: If the Content is in breach of these Terms. If MEGPlay has received a complaint or notice of infringement in respect of the Content. If the Content is otherwise objectionable. MEGPlay may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms. 8. Selling and Buying on MEGPlay In using the Services to create a listing and offer an item for sale, post a job opening and/or offer a service (as the case may be), you agree to comply with the following: All items must comply with these Terms and MEGPlay's policies, which can be found here. You must provide a fair, accurate and complete description of each item, including your price for the item. Each item, job opening and/or offer of services must have its own listing. Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever. All items, job opening and/or offer of services must be listed in the appropriate category.All job listings must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies issued by the Ministry of Manpower of Singapore including the Tripartite Guidelines on Fair Employment Practices and the Tripartite Guidelines on Non-Discriminatory Job Advertisements (as may be amended or updated). Where a specific attribute (“Specific Attribute”) in your job listing has to be included and where the Special Attribute may be viewed as discriminatory, you shall ensure that the Specific Attribute is a reasonable requirement for the job listed. You must provide the reason for requiring the Specific Attribute in your job listing. Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites. You acknowledge and agree that MEGPlay has no control over any website other than the MEGPlay website and shall not in any event be responsible or held liable for any expired job listing which appears on any website other than the MEGPlay website or any expired job listing which is retrieved by any search engine. Without prejudice to the rest of these Terms and MEGPlay’s policies, you warrant, in respect of each job opportunity, services and/or item which you offer for sale on the Services (as the case may be), that: You are the owner of the item, and the item is not stolen. The item is not counterfeit and does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights. The sale of the item complies with all laws and regulations which apply to that item. The item is not dangerous, hazardous or subject to a recall by a government or manufacturer. All selection criteria stated in a job listing are clear, objective and relevant and does not refer to age, race, language, gender, marital status and religion, except where it is a Specific Attribute. The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party. All offers made and accepted through the Services are binding. If you are a seller who has accepted a buyer’s offer for an item: You agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer's identity. You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale, or misrepresent the item's location and price. If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you are cannot authenticate the seller’s identity. In communicating with a user through the Services for the offering of or acceptance of a job listing and/or services or purchase or sale of an item (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction. Notwithstanding the foregoing, as MEGPlay is not involved in Transactions which are considered solely between users, MEGPlay cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction. 9. MEGPlay Coins If you choose to purchase MEGPlay Coins, the following additional terms and conditions as set out in this Clause 9 apply to you. Please kindly note that MEGPlay Coins are regarded as a stored value facility under Singapore law. MEGPlay Pte Ltd, the holder of the MEGPlay Coins stored value facility, does not require the approval of the Monetary Authority of Singapore. You are advised to read these additional terms and conditions carefully. 9.1 General Terms a. MEGPlay Coins is a pre-payment only for the goods and services offered by MEGPlay Pte Ltd through the website at https://MEGPlay.com, and all related domains and sub-domains, as may be amended or updated by us from time to time and/or the MEGPlay mobile application software, including all its features and content and the services that MEGPlay makes available on or through it, and any and all updates, upgrades, supplements, enhancements and releases thereto as may be provided by us from time to time (collectively, the “Platforms”). MEGPlay reserves the right to: limit the use of any MEGPlay Coins; and/or reject your request to purchase MEGPlay Coins, if we reasonably believe that the use is in breach of these Terms, unauthorised, fraudulent or otherwise unlawful. Without limiting the foregoing, MEGPlay shall have such rights in any of the following events: (a) the aggregate amount of stored value held by MEGPlay Coins, directly or indirectly, alone or together with any person over whom MEGPlay has control or influence, to exceed S$30 million; or (b) the amount of MEGPlay Coins held by you equals to or exceeds S$1,000, notwithstanding Clause 8.3 below . b. MEGPlay Coins can only be used in the jurisdiction it was purchased in (i.e. MEGPlay Coins purchased in: (i) Singapore can only be used in Singapore; (ii) Malaysia can only be used in Malaysia; and (iii) MEGPlay Coins purchased in Hong Kong can only be used in Hong Kong. c. MEGPlay Coins are only valid for one (1) year from the date of their purchase, unless otherwise stated in the relevant terms and conditions at the point of purchase and/or allocation (the “CC Validity Period”). The expiry date set out in your Account shall serve as conclusive evidence of the expiry date of your MEGPlay Coins. Thereafter, the MEGPlay Coins shall be deemed expired and will be cancelled immediately and without further notice. MEGPlay reserves the right to deal with the expired MEGPlay Coins in such manner as it deems fit in its absolute discretion and may at its discretion from time to time vary the CC Validity Period. You hereby agree that you will have no claim whatsoever against MEGPlay for any expired MEGPlay Coins. For the avoidance of doubt, any such expired MEGPlay Coins are non-refundable. d. MEGPlay Coins may not be re-sold and unless required by law, are non-refundable and may not be exchanged and/or redeemed for cash or credit balance or transferred for value under any circumstances. For the avoidance of doubt, there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms. e. MEGPlay reserves the right to correct the balance of your MEGPlay Coins if we believe that an error, including clerical error, has occurred. MEGPlay may also, in its discretion, allocate MEGPlay Coins to you at no cost to you (“Free MEGPlay Coins”), subject to any additional terms and conditions. MEGPlay reserves the right to withdraw, amend and/or alter any part of or the whole terms and conditions of such Free MEGPlay Coins, at any time without giving prior notice or compensate in cash or in kind. f. You are responsible for all purchases using your MEGPlay Coins, including unauthorised transactions. g. Notwithstanding Clause 9.3 below, the maximum amount of MEGPlay Coins that you can hold at any given time is S$1,000. 9.2 Purchase of MEGPlay Coins You may purchase MEGPlay Coins by using a credit card, debit card, cheque or by way of telegraphic or other electronic means of transfer. You may also purchase MEGPlay Coins through any of the methods as may be made available on the Platforms or as may be notified to you from time to time. By selecting a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method. Any personal data which you provide to us in respect of the purchase of MEGPlay Coins will be held in accordance with MEGPlay’s Privacy Policy and by proceeding with the purchase, you are hereby agreeing to this arrangement. In addition, we have no control over the content and privacy practices of such sites or resources. You are advised to review the privacy policies of these sites and resources operated by third parties and understand how your information may be used by those third parties. 9.3 MEGPlay Coins of more than S$1,000 Your Account shall not be able to contain stored value of more than S$1,000, unless expressly permitted by MEGPlay and subject to the terms and conditions as provided in this Clause 8.3. You acknowledge and agree that MEGPlay shall have the right (but not the obligation) to permit the you to hold stored value of more than S$1,000 in your Account provided that MEGPlay (or where applicable, any third parties appointed by MEGPlay for the purposes thereof) shall: a. perform and you shall co-operate and assist in the performance of, the due diligence exercise to be carried out on you, pursuant to the requirements of the MAS Notice PSOA-N02 issued by the The Monetary Authority of Singapore, including without limitation, the establishment and verification of information in respect of the following, using reliable and independent sources, and retention of reference documents used in such verification: where you are representing an Entity, the identities of all directors, partners and persons having executive authority as if such persons were themselves a user; your identity (as well as identity and authority of any agent and/or natural person appointed by you to act on your behalf in relation to your Account); and the existence of any beneficial owner in relation to your Account and if so, the identity of each such beneficial owner; b. upon each request for a purchase, top-up and/or redemption of MEGPlay Coins (“MEGPlay Coin Transaction”), review earlier MEGPlay Coin Transactions to ensure that the current MEGPlay Coin Transaction is consistent with such earlier MEGPlay Coin Transactions, with special attention to unusual, complex or unusually large MEGPlay Coin Transactions; and c. maintain records of all information identifying you, your account information, business correspondence, and information needed to explain and reconstruct any MEGPlay Coin Transaction relating to your Account for a period of at least six (6) years following termination of your Account or such time period as required by law; You can read more about MEGPlay Coins in this Help article. 10. Disputes with users If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to MEGPlay, MEGPlay will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release MEGPlay from any claims, demands and damage arising out of your disputes with users of our Services. 11. Privacy Your privacy is very important to us at MEGPlay and we have provided the MEGPlay Privacy Policy, which can be found here, to explain our privacy practices. Please review the Privacy Policy to understand how MEGPlay collects, uses and discloses information collected and received from you. 12. Intellectual Property You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of MEGPlay. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of MEGPlay. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by MEGPlay. The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software. You are not authorised by MEGPlay to use MEGPlay’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of MEGPlay, which may be withheld for any or no reason. 13. Reporting Unauthorised Content MEGPlay respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please follow the steps provided here to report the same to us. MEGPlay reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement. 14. Suspension and Termination You may deactivate your Account at any time through the “Settings” section of your Account. MEGPlay reserves the right to, at its sole discretion, and without liability: Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice. Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice. You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services. Upon termination, all licenses and rights granted to you in these Terms will immediately cease. 15. No Warranty You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion. MEGPlay does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and MEGPlay’s servers are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). MEGPlay is not responsible for any delays, delivery failures, damages, or losses resulting from such problems. No advice or information, whether oral or written, obtained by you from MEGPlay or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that MEGPlay has no obligation to support or maintain the Services. MEGPlay disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. MEGPlay is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services. 16. Limitation of Liability YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES. IN NO EVENT SHALL MEGPlay OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT MEGPlay WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MEGPlay’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY MEGPlay IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF SINGAPORE DOLLARS THEN STANDING TO THE MEGPlay COINS IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 17. Indemnity You will indemnify and hold harmless MEGPlay, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity. 18. Compatibility MEGPlay does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that MEGPlay and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems. 19. Miscellaneous You and MEGPlay are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect. Except as provided herein, any failure by MEGPlay to exercise a right or require performance of an obligation in these Terms shall not affect MEGPlay’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach. You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect. These Terms constitute the entire agreement between you and MEGPlay and supersedes all prior or contemporaneous understandings and/or agreements between you and MEGPlay. 20. Governing Law and Jurisdiction You hereby agree that the laws of Singapore shall govern this Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms. Effective on January 18, 2018

1. General

This privacy policy describes the policy of www.MEGPlay.com, MEGPlay.today, or MEGPlay.business domains regarding the collection, use, storage, sharing and protection of your personal information ("Privacy Policy"). This Privacy Policy applies to the MEGPlay website ("Website") and all related websites, applications, services and tools where reference is made to this policy ("Services"), regardless of how you access the Services, including access through mobile devices. In formal terms, MEGPlay.com, MEGPlay.today, or MEGPlay.business domains ("MEGPlay", "we" or "us"), is the data controller of your personal information.

Scope and consent: By using www.MEGPlay.com, MEGPlay.today, or MEGPlay.business domains and related Services, you give explicit consent to MEGPlay for the collection, use, disclosure and retention of your personal information by us, as described in this Privacy Policy and our Terms of Use.

MEGPlay may change this Privacy Policy from time to time. We advise you to read it regularly. Substantial changes to our Privacy Policy will be announced on our Website. The amended Privacy Policy will be effective immediately after it is first posted on our Website. This Privacy Policy is effective as of 14th June 2016.


2. What personal information do we collect

You can visit our Website without registering for an account. When you decide to provide us with your personal information, you agree that such information is sent to and stored on our servers. We collect the following types of personal information:

Information we collect automatically: When you visit our Website, use our Services and or reply to ads or other content, we automatically collect the information sent to us by your computer, mobile device or other equipment that provides access. This information includes, but is not limited to:

information from your interaction with our Website and Services, including, but not limited to, device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from www.MEGPlay.com, MEGPlay.today, or MEGPlay.business domains, referring URL, ad data, IP address and standard web log information; and
information we collect through cookies, web beacons and similar technologies.
Information you provide to us: We collect and store any information you enter on our Website or that you provide to us when you use our Services. This information includes, but is not limited to:

Information that you provide to us when you register for an account or for the Services that you use including for example, your name, address, email address, telephone number or financial information; additional information that you may provide to us through social media sites or third party Services;
Information provided in the context of dispute resolution, correspondence through our Website or correspondence that is sent to us; and
Information about your location and the location of your device, including your device's unique identifier information if you have enabled this service on your mobile device.
Information from other sources: We may receive or collect additional information about you from third parties and add this to our account information. This information includes, but is not limited to: demographic data, navigation data, additional contact data and additional data about you from other sources, such as public authorities, to the extent permitted by law.

3. How we use your personal information

You agree that we may use your personal information (see above) for the following purposes:

To provide you access to our Services and Customer Support by means of e-mail or telephone;
To prevent, detect and investigate potentially prohibited or illegal activities, fraud and security breaches and to enforce our Terms of Use;
To personalize, measure and improve our Services, content and ads;
To contact you, by e-mail, push notification, text message (SMS) or by telephone, to inquire about our Services and the services of companies that are part of the MEGPlay 'corporate family’ for the purpose of targeted marketing activities, updates, and promotional offers based on your message preferences (where applicable), or for any other purposes as set forth in this Privacy Policy; and
To provide you with other services that you have requested, as described when we collected the information.
Sharing information with and registration on social media sites: We may offer sign-on Services that enable you to access the Website or related websites with your login credentials. We can also offer Services that enable you to share information with third party social media websites, such as Facebook, Google Plus and Twitter.

If you provide us access to personal information stored on third party websites, the scope of access to this personal information shall vary per website and will be determined by both your own browser settings and your consent. If you wish to connect your third party account to your www.MEGPlay.com, MEGPlay.today, or MEGPlay.business domains account and you consent to us accessing the information in these third party accounts, you agree that we can collect, use and store information from this third party website in accordance with this Privacy Policy.

Transfer of your personal information to third parties: We may disclose your personal information to third parties in accordance with this Privacy Policy and applicable legislation and regulations. As further described under Section 4, we will not disclose your personal information to third parties for their marketing purposes without your explicit consent. We may share your personal information with:

Companies of MEGPlay to provide joint content and services (such as registration and customer support), to prevent, detect and investigate possible illegal activities, violations of our policy, fraud and/or data security breaches, and to support decision making on products, websites, applications, services, tools and communication. MEGPlay will only use this information to send you marketing messages, and they will use your personal information in accordance with their respective privacy policy.
Service providers with whom we have entered into an agreement to help us provide our Services on the website, such as financial service providers, marketing agencies and technical support. In such cases, the personal information shall remain under the control of MEGPlay.
Certain third parties (such as intellectual property rights holders, supervisory authorities, tax authorities, police and other regulatory authorities) if we are required to do so by law, or in accordance with our Privacy Policy. We may share your personal information:
To comply with legal obligations or a court order; or
If this is necessary for the prevention, detection or prosecution of criminal offenses, such as fraud, deceit or prosecution, or
If it is necessary to maintain our policies or to protect the rights and freedoms of others.
Other third parties to whom you have given consent to share your information via [same as above], e.g. in the framework of a cooperation;
Companies that we intend to merge with in the context of a reorganisation or that acquire us;
An intellectual property owner if the owner of an intellectual property right or an intermediary in good faith believes that an advertisement violates the rights of the owner. Before personal information is provided, the IP owner will enter into an agreement that, inter alia, stipulates that information is only provided on the strict condition that it may only be used in the context of legal proceedings and/or obtaining legal advice and/or to answer questions from the relevant advertiser
Without limitation to the foregoing, we shall moreover - in our efforts to respect your privacy and to keep the website free of malicious persons or parties - not disclose your personal information to third parties without a court order or formal request from the government in accordance with applicable law, unless we believe in good faith that such disclosure (i) is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), for the purpose of obtaining legal advice or is necessary for the purposes of establishing, exercising or defending legal rights, (ii) is necessary for the prevention or detection of crime, the capture or prosecution of offenders, or the assessment or collection of tax or duty, (iii) is requested by a body that performs public regulatory functions.

Information you share on www.MEGPlay.com, MEGPlay.today, or MEGPlay.business domains: Our Website allows users to share advertisements and other information with other users, thereby making this shared information accessible to other users. Since our Website also enables you to directly contact a buyer or seller, we recommend that you consider how you share your personal information with others. You are solely responsible for the personal information you share through our Website and therefore we cannot guarantee the privacy or security of the information shared by you with other users.

In case you visit our Website from a shared computer or a computer in an internet café, we strongly recommend that you log off after each session. If you do not want the shared computer to remember you and/or your credentials, you will need to remove cookies and/or the history of your website visits.

4. Marketing Purposes

You agree that we may use the information collected by us to send you offers, whether personalised or not, or to contact you by telephone regarding products or Services offered by MEGPlay or companies of MEGPlay.

We will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our Services and functionalities.

When you no longer wish to receive marketing communications from us, you can, where applicable, change your preferences in your MEGPlay account, or follow the unsubscribe link in the marketing communication you received.

5. Cookies

When you use our Services, we and our service providers may place cookies (data files on your phone or mobile device's drive) or web beacons (electronic images that are placed in a web page's the code) or similar technologies. We use cookies to help us identify you as a user, to provide you a better experience on our Website, to measure promotional effectiveness and to ensure trust and safety on our Website. For more detailed information about our use of these technologies, we refer you to our Policy on Cookies, Webbeacons and Similar Technologies.

6. Accessing, Reviewing and Changing Your Personal Information

We cannot modify your personal information or account information. You can modify your own information by logging into your MEGPlay account. If you want to close your account (where applicable) with us, please send us a request here. We will process your request within a reasonable period of time and process your personal information in accordance with applicable law. Alternatively, you can also contact Customer Support at mail@MEGPlay.com, MEGPlay.today, or MEGPlay.business domains to access your personal information stored by us that is not directly accessible on MEGPlay. We may charge a fee to compensate costs; however the fee shall not exceed the amount permitted by law. If your information is factually incorrect or incomplete or irrelevant for the purposes for which we process your information, you can request us to modify or delete your information.

7. Protection and retention of your personal information

We protect your information by using technical and administrative security measures (such as firewalls, data encryption, and physical and administrative access controls to the data and servers) that limit the risk of loss, abuse, unauthorised access, disclosure, and alteration. Nevertheless, if you believe your account has been abused, please contact us through the Contact Form.

We retain personal information no longer than is legally permissible and delete personal information when it is no longer necessary for the purposes as described above.

8. Other information

Abuse and unsolicited commercial communications ("spam"): We do not tolerate abuse of our Website. You do not have permission to add other MEGPlay users to your mailing list (e-mail or postal) for commercial purposes, even if a user has purchased something from you, unless the user has given his explicit consent. If you notice that someone is abusing our Website (spam or spoof emails), please notify us here.

It is not allowed to use our member-to-member communication resources to send spam or content that violates our Terms of Use in any other way. For your security, we may scan messages automatically and check for spam, viruses, phishing and other malicious activity or illegal or prohibited content. We do not permanently store messages sent through these resources.

Third Parties: Unless explicitly provided otherwise in this Privacy Policy, this Privacy Policy applies only to the use and transfer of information we collect from you. MEGPlay has no control over the privacy policies of third parties that may apply to you. When we work with third parties or use third party tools to provide certain services, we will explicitly indicate which privacy policy applies to you. We therefore encourage you to ask questions before you disclose your personal information to others.

Contact: If you have any questions about MEGPlay and our Website please contact us by clicking here.

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