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Terms Of Service for LongShotSG
Effective Date: July 13, 2020

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The terms of this agreement ("Terms of Service") govern the relationship between you and LongShotSG, (hereinafter "LongShotSG" or "Us" or "We") regarding your use of LongShotSG's games, websites and related services (the "Service"). Use of the Service is also governed by LongShotSG's Privacy Policy and other relevant policies.

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Before accessing or using the Service, including browsing any LongShotSG website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. By using the Service, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms.

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BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

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LongShotSG reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service,  its Privacy Policy and other relevant LongShotSG policies at any time by posting the amended terms on the LongShotSG Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the LongShotSG Privacy Policy, or any other LongShotSG policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

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1. License

1.1. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant LongShotSG policies, LongShotSG grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

• You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.

License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

• Engage in any act that LongShotSG deems to be improper use of LongShotSG's support services.
• Use or take part (directly or indirectly) in the use of cheats, hacks or any unauthorized third-party software designed to modify or interfere with the Service or any LongShotSG game.
• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service or any LongShotSG game environment.
• Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
• Attempt to gain unauthorized access to the Service or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by LongShotSG, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a LongShotSG employee.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any LongShotSG game, or to obtain any information from the Service or any LongShotSG game using any method not expressly permitted by LongShotSG.
• LongShotSG reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent of these Terms of Service or the Service itself. LongShotSG reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

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1.2. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, LONGSHOTSG MAY TERMINATE ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR LONGSHOTSG SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AND LONGSHOTSG IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

LongShotSG reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, LongShotSG shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.

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2. Ownership

2.1. Games and Service

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a LongShotSG game client, and the LongShotSG game clients and server software) are owned by LongShotSG. LongShotSG reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

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2.2. Virtual Items

LongShotSG owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in LongShotSG games. 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 goods or currency appearing or originating in any LongShotSG game, whether earned in a game or purchased from LongShotSG, or stored on the Service.


3. Fees and Purchase Terms

3.1.Purchases

In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or gems, all for use in LongShotSG games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.

LongShotSG may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. LongShotSG shall have no liability to you or any third party in the event that LongShotSG exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to LongShotSG, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in LongShotSG games is a service provided by LongShotSG that commences immediately upon acceptance by LongShotSG of your purchase.

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3.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. LongShotSG may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT LONGSHOTSG IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

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4. Updates to the Service

You understand that the Service is an evolving one. LongShotSG may require that you accept updates to the Service and to LongShotSG's games you have installed on your device or computer. You acknowledge and agree that LongShotSG may update the Service and LongShotSG games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play LongShotSG games.

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5. Disclaimer of Warranties

WITHOUT LIMITING LONGSHOTSG'S LIABILITY UNDER SECTION 6 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. LONGSHOTSG DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

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6. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LONGSHOTSG SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LONGSHOTSG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, LONGSHOTSG SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO LONGSHOTSG IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO LONGSHOTSG DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND LONGSHOTSG'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH LONGSHOTSG IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LONGSHOTSG OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF LONGSHOTSG.

You agree to indemnify, defend and hold LongShotSG (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

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7. Dispute Resolution and Law

If a dispute arises between you and LongShotSG, we strongly encourage you to first contact us directly at the following email address: longshotsg+support@gmail.com. You agree that all disputes between you and LongShotSG shall be governed by the laws of Singapore, without regard to conflict of law provisions. You agree that any claim or dispute you may have against LongShotSG must be resolved exclusively by a court located in Singapore.

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8. Severability

You and LongShotSG agree that if any portion of these Terms of Service or of the LongShotSG Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

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9. General Provisions

9.1. Assignment

LongShotSG may assign or delegate these Terms of Service and/or the LongShotSG Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without LongShotSG's prior written consent, and any unauthorized assignment and delegation by you is ineffective.

9.2. Supplemental Policies

LongShotSG may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

9.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the LongShotSG Privacy Policy), contain the entire understanding of you and LongShotSG, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

9.4. No Waiver

The failure of LongShotSG to require or enforce strict performance by you of any provision of these Terms of Service or the LongShotSG Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of LongShotSG's right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by LongShotSG of any provision, condition, or requirement of these Terms of Service or the LongShotSG Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by LongShotSG shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of LongShotSG.

9.5. Notices

We may notify you via postings on www.longshotsg.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the LongShotSG Privacy Policy shall be addressed to: LongShotSG at longshotsg+support@gmail.com. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

9.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to LongShotSG are of a unique and irreplaceable nature, the loss of which shall irreparably harm LongShotSG and which cannot be replaced by monetary damages alone so that LongShotSG shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any LongShotSG game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 6 (if any).

9.7. Force Majeure

LongShotSG shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of LongShotSG, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond LongShotSG's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

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